The constitution of zambia was amended in january 2016, just a few months before the election, and further changes to the electoral process act were enacted in june 2016. Subject to this act, the constitution shall come into operation on the date of assent by the president. This act may be cited as the constitution of zambia act, 2016. However, the amendments have been criticized by many both for the way they were adopted and for the substance contained in the amendments. Government of zambia act national assembly of zambia. Jul 09, 2019 in the 2016 amended constitution, however, an attempt was further made to try and consolidate the chiluba era idea when a clause was included in the zambian constitution to the effect that the litunga, king of barotseland, would no longer have powers to dethrone or enthrone chiefs in western province barotseland. The constitution of zambia amendment bill, 2019 has been published as bill 10. This is how the politics of this constitution will likely play out. This amended constitution will ensure that the ruling party will continue to rule beyond the next election if the election result is in doubt and it has to be decided by the judiciary. The constitution of zambia was formally adopted in 1991 and amended in 2009 and last amended in 2016. Voters were asked whether they approve of proposed amendments to the bill of rights and article 79, which dictates the process of future amendments. Nov 27, 2015 on this page you can read or download zambian constitution 2016 pdf download in pdf format.
Amendment of constitution of zambia act, 1991, and. This act may be cited as the constitution of zambia act. In the 2016 amended constitution, however, an attempt was further made to try and consolidate the chiluba era idea when a clause was included in the zambian constitution to the effect that the litunga, king of barotseland, would no longer have powers to dethrone or enthrone chiefs in western province barotseland. This complete constitution has been generated from excerpts of texts from the repository of the. Constitution of zambia amendment act, 2015 5 january 2016. Training manual regulating the zambian construction industry. The 2019 constitution of zambia amendment bill should be. Constitution of zambia act 2016 national assembly of zambia. In the light of the foregoing, the section of the independence constitution corresponding to section 15 of the present constitution would be suitably amended to make it clear that its provisions did not extend to draft legislation. The product of the tcdzc was the 2016 amended constitution, which was assented to on 5 january 2016, kabanda said. Here is the amended constitution signed by edgar lungu on january 5, 2016. Download constitution of zambia amendment, 2016 act no.
Amended constitution of the zambia library association this amended constitution of 2012 supersedes the one that was amended and adopted at the general assembly of 2002. Constitution amendment act 2016 national assembly of zambia. Download pdf constitution of zambia amendment act, 2015 5 january 2016 download pdf constitution of zambia amendment act, 2015 5 january 2016 source. In todays final part of our constitutional history, i will enumerate the events that have taken place regarding the zambian constitution since 1964. Notably, as in zambia, the right to dignity is not a separate right in the bill of rights but is used as a basis to give meaning to all other rights. Jan 05, 2016 zambian leader edgar lungu signed into law constitutional changes setting new rules for general elections on aug. Preamble we the members of the zambia library association zla met at, the 2012 annual general meeting at wasawange lodge, livingstone determined to form a consolidated. He assented to the new constitution on 5 january, 2016. The constitution may be printed and published by the government printer separately from this act, and the production of a copy of the constitution as printed is prima facie evidence in all courts and for all purposes of the constitution and. The procedure for amending the current zambian constitution the constitution to be replaced is set out in article 79 of the constitution of zambia act no.
The zambia independence constitution was protected by a referendum clause. Constitution amendment bill to be tabled on 19 june. Justice minister given lubinda says the constitution of zambia amendment bill will be tabled in parliament on 19th june, 2018. The constitution has been made a campaign issue in every presidential election since zambia s return to multiparty politics in the 1990s. During the 1920s and 1930s, advances in mining spurred development and immigration.
The constitution of zambia was formally adopted in 1991 and amended in 2009 and last amended in 2016 references. The amended constitution has come under serious criticism from leading zambian legal. The supremacy of the party was recognized in the constitution of zambia amendment act no. Comparative constitutions project, and distributed on constituteproject. Amends the 1991 constitution, including replacing chapter iv which provides for citizenship. Zambian leader edgar lungu signed into law constitutional changes setting new rules for general elections on aug. Prior to amendment act coming into force, all constitutional matters were dealt with primarily by the high court of zambia, with the possibility of such matters being taken to the supreme court on. References edit constitution of zambia amendment pdf. Jan 06, 2016 constitution of zambia amendment act no.
He indicated that one such positive stride was made with the creation of the technical committee on drafting the zambian constitution tcdzc in november 2011. Zambia has a constitution conflict between the concourt and. Jul 10, 2019 in the 2016 amended constitution, however, an attempt was further made to try and consolidate the chiluba era idea when a clause was included in the zambian constitution to the effect that the litunga, king of barotseland, would no longer have powers to dethrone or enthrone chiefs in western province barotseland. As you can see from the title and provisions, this is not a new constitution. The local courts in zambia are not courts of record, but by subarticle 2 of act no. Zambia s constitution of 1991 with amendments through 2016. This is by virtue of article 243 of the amended constitution. The constitution is amended by the repeal of part iii and.
A constitutional referendum was held in zambia on 11 august 2016 alongside general elections, a move designed to reduce the cost of the referendum. This constitution is the supreme law of zambia and if any other law is inconsistent with this constitution that other law shall, to the extent of the inconsistency, be void. Jan 05, 2016 there is no html version of this legislation yet. Very soon, it will be presented to the parliament of zambia for debate, consideration, and possible enactment. Act, 2015, and shall be read as one with the constitution of zambia, in this act referred to as the constitution. Constitution of zambia amendment act, 2015 5 january 2016 source. Mar 16, 2016 this amended constitution is a trap for the opposition. On 11 august 2016, zambia held elections for the presidency, national assembly, local councillors, and mayors. Concurrently, a refer endum was held on whether to enhance the bill of rights in the. The constitution establishes the mandate of a government by defining the basic principles to which a society must conform.
On 5 january 2016 president edgar lungu signed zambia s new constitution with much fanfare and pomp. Section 2e of the english law extent of application act stipulates that the supreme court practice rules of england in force until 1999 shall be in force in the republic, provided they are subject to the constitution and legislation of zambia. The constitution establishes the mandate of a government by defining the. Download zambias new constitution as amended elias. Constitution of zambia preamble as amended by act no. I have over the years been following the history of the zambian constitution and i consider the 2916 constitution to be very progressive. The amendment permits dual citizenship for the first time, and also provides a presumption of citizenship for children of unknown parents. Constitution of zambia amendment 2016act no 2 as you can see from the title and provisions, this is not a new constitution.
Following the enactment of the constitution of zambia amendment act no. History of zambian constitutionpart v zambia daily nation. Jan 08, 2016 constitution of zambia amendment act, no. Determined to uphold and exercise our inherent and inviolable right as a people to decide, appoint and.
The national constitution supreme law of the land is the set of fundamental rules written or unwritten that control how a government can exercise public power and authority. The constitution is amended by the repeal of article 94 and the substitution thereof of the following. This is just an act of parliament that has made amendments changes to the 1991 constitution. Article 63 2 of the constitution is amended by the deletion of paragraphs d and e. Zambian constitution changes set rules for august elections. Article 50 of the constitution states that a political party and a candidate contesting an election shall have access to the media, especially during election. The zambian independence orderincouncil of 1964 and the 1964 constitution following the dissolution of the federation in 1963, a new constitution based on the westminster model and designed to resolve the conflicting interests of the indigenous africans, the settler white community and the colonial government was negotiated by the major. Jan 29, 2016 the 1991 constitution, as amended by act 18 of 1996, therefore remained in place leaving a general sense of dissatisfaction not only on the part of government but also on the part of civil society, the general public and the opposition political parties, who increasingly called for a fully people driven process as the only route to a legitimate. The constitution is amended by the repeal of the preamble. The constitution of zambia amendment bill, 2016 memorandum the object of this bill is to amend the constitution of zambia so as to a revise the bill of rights to include civil, political. And civil rights activist brebner changala has praised president edger lungu. Voters were asked whether they approve of proposed amendments to the bill of rights and article 79, which dictates the process of future amendments although 71% of voters voted in favour of the amendments, turnout was only. Amendment of constitution of zambia act, 1991, and schedule thereto 4.
This act may be cited as the constitution of zambia amendment act, 2016, and shall be read as one with. Levy patrick mwanawasa, sc, in exercise of the powers under the inquiries act, cap. The constitution of zambia act, 1991 and the constitution in the schedule to that act, are repealed in so far as they form part of the laws of zambia. History of zambian constitution zambia daily nation. Constitution of the republic of zambia 1991, as amended to. January 2016 the zambia parliament adopted numerous amendments to the 1991 constitution. The law forbade the amendment of any part of the constitution without going through a referendum.
The ceremony passed the provisions whose amendment does not require referendum, leaving the bill of rights and the amendment clause to undergo the mandatory referendum expected to bring to an end the 40year struggle to enact a people driven constitution. Bill to amend constitution to enhance the bill of rights june 2016 bill to amend the constitution of zambia to enhance bill of rights, to be submitted to a referendum in 2016. The objectives of this bill is to amend the constitution of zambia so as to a revise the bill of rights to include civil, political, economic, social, cultural, environmental, further and special rights. This constitution shall bind all persons in the republic of zambia and all legislative, executive and judicial organs of the state at all levels. The name was changed to zambia upon independence in 1964. Constitution of zambia amendment bill plots against the. This act may be cited as the constitution of zambia amendment act, 2016, and shall be read as one with the constitution of zambia, in this act referred to as the constitution. New changes to constitution to further suppress barotseland. Home headlines headlines amended constitution is a total sham and a disgracehh january 8, 2016 5 111 views. These topic pages provide a quick overview and easy access to all content that can be found on ace for any give topic of interest weather encyclopaedia files, electoral materials, comparative data, consolidated replies, case studies, or other. If you dont see any interesting for you, use our search form on bottom v. Read online constitution of zambia amendment, 2016 act no. Please download the pdf in attachment directly above. Since independence, zambia has had five major constitutional amendments an average of one every 10 years, a fact that has raised concerns about the countrys constitutional foundations.
Zambia formerly the territory of northern rhodesia was administered by the british south africa company from 1891 until it was taken over by the uk in 1923. You are at home 2016 november 1 resources reference materials acts of parliament 2016 constitution of zambia amendmen act no. Zambias amended constitution was not people driven law. This act may be cited as the constitution of zambia. The implications of the amended constitution and judiciary in. Jan 09, 2016 here is the amended constitution signed by edgar lungu on january 5, 2016. The 2016 election was held against the backdrop of important institutional changes. The government hailed the amendments as a new era in democratic governance in zambia. Zambias constitution of 1991 with amendments through 2016. Zambias constitution of 1991 with amendments through. The local courts in zambia stand at the bottom of the judiciary hierarchy and are established by article 120 1 of act no. This act may be cited as the constitution of zambia amendment act, 2015, and shall be read as one with the constitution of zambia, in thisact referred to as the constitution. Analysis from january 5, 2016 when president edgar lungu signed the amended constitution, people have been digesting this important piece of legislation, which is the bible of the land.
On this page you can read or download zambian constitution 2016 pdf download in pdf format. Article 79 permits the amendment of non entrenched provisions by a two thirds majority in parliament. This is why it is called the constitution of zambia amendment act of 2016. To say that bill 10 has significant problems is an understatement. The constitutional court was established under article 127 of the constitution of zambia amendment act, no.
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