Human rights commission act vol 4 ch 48 litigation and court procedure. Justice minister ngosa simbyakula will bring back the bill to the house with members of the public anxiously watching how the long drawn out process pans out. Constitution of zambia, 1991 an act to provide for a new constitution of the republic of zambia and to repeal the constitution of zambia act, 1973, and the constitution scheduled thereto, and to provide for matters connected with or incidental to the foregoing. In the bill, parliament was going to lose its oversight powers over the executive. But i wanted to start off with our proposed constitution and indeed if there are. This act may be cited as the constitution of zambia amendment no. The provisions of this bill are to be read in conjunction with amendments in clauses 6 8 of the industrial relations amendment bill, 2015. Aug 10, 2016 indeed, the notion of a peopledriven constitution implies that the people, not the government of the day, must play a dominant role in the process of drafting and adopting the constitution. History of zambian constitutionpart v zambia daily nation.
The university of zambia law association, co school of law, the university of zambia, great east road campus, p. Constitution of zambia, 1991 preamble we, the people of zambia, by our representatives assembled in our parliament, having solemnly resolved to constitute zambia into a sovereign democratic republic. Jun 19, 2016 referendum is a waste of time and money 19 june 2016 10. The politics of zambia takes place in a framework of a presidential representative democratic republic, whereby the president of zambia is head of state, head of government and leader of a multiparty system. Act of parliament, to be registered as a citizen of zambia. Download zambias new constitution as amended elias. The zambia independence constitution was protected by a referendum clause.
Next week, we will conclude the series of the zambian constitution with its post independence history from 1964 to 2015. Constitution, and to have taken any necessary oath required to be taken under the constitution, unless the president requires any person who continues in office by virtue of this section to take any oath prescribed by the constitution or by an act of parliament. The government has published the constitution of zambia amendment bill 2015 which will take forward the enactment of specific clauses which are not subject to the referendum. General bill by braynon infectious disease elimination pilot program. Constitutional lawyer john sangwa says the constitution of zambia is superior to both the speaker of the national assembly and the national assembly itself. Act, 2015, and shall be read as one with the constitution of zambia, in this act referred to as the constitution. Jan 15, 2014 bill of rights status, application and interpretation. The public are asked to study and engage their parliamentarians before it makes it way into the house. Bill essentials the constitution amendment bill, 2015 3 background the constitution amendment bill, 20151 was introduced and read for a first time in the house of representatives by hon. In the zambian doctrine of separation of powers, each branch of government has a distinct role to play and no one branch should interfere in the others function. Parliament makes the law, the executive implements the law while the judiciary interprets the law. Mining laws and regulations zambia covers common issues in mining laws and regulations including the mechanics of acquisition of rights, foreign ownership and indigenous ownership requirements and restrictions, processing, beneficiation in 28 jurisdictions. Constitution of zambia preamble as amended by act no.
Historically, the concept of a bill of rights as a statement of basic individual freedoms derives in part from the english bill of rights, passed in 1689. The constitution of zambia was formally adopted in 1991 and amended in 2009 and last amended in 2016 references. I repeal and replacement of part ill status of bill of rights l. Constitution bill expected to be law today zambia reports. The constitution is amended bythe repeal of the preamble. The bill seeks to amend the constitution by inserting a provision for the appointment of justices of the industrial court. This act may be cited as the constitution of zambia amendment act, 2019, and shall be read as one with the constitution of zambia, in this act referred to as the constitution. Those who wish to have a full text of the northern rhodesia independence conference, 1964 may contact me on the addresses below. Determined to uphold and exercise our inherent and inviolable right as a people to decide, appoint and. Macdonald chipenzi richard sakala 1st applicant 2nd applicant simon mwanza 3rd applicant and the people respondent before the honorable mr. Bill an act to amend the constitution of the republic of trinidad and tobago, 2015 whereas it is enacted by subsection 1 of section 54 of the constitution that parliament may alter any of 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.
The heading to part 3 of the constitution of zambia of 1996 is protection of fundamental rights and freedoms of the individual. What is clear is that we are not going to have a new constitution before 2016 because the time has run out. Justice minister given lubinda attending the national dialogue forum. 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. Amendments to the constitution through parliament acceptable. The same census says that more than 80 per cent are engaged in agriculture, making it by far.
Constitution of zambia amendment act, 2015 5 january. The constitution of zambia and constitution of zambia amendment bill 2015 passed the second reading after each was subjected to a vote following a heated debate in the house. 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. Article 31 declaration relating to threatened emergency. Constitution of zambia amendment act, 2015 5 january 2016 download pdf constitution of zambia amendment act, 2015 5 january 2016.
Oct 24, 2014 the government has now published the draft constitution of zambia after persistent demands by civil society and other members of public. Government of the republic of zambia grzunited nations. Why bill 10 should rest in eternal peace zambian watchdog. Bank of zambia1 there is established the bank of zambia which shall be the central bank of the republic article 214. 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.
Presidential elections were held in zambia on 20 january 2015 to elect a president to serve the remainder of the term of president michael sata, following his death on 28 october 2014. During the 1920s and 1930s, advances in mining spurred development and immigration. Constitution of zambia amendment act no 20 of 2009. President edgar lungu reads the constitution of zambia while chairing a special cabinet meeting at state house in lusaka. Nov 25, 2015 the much anticipated constitution of zambia amendment bill will take center stage this afternoon when it comes up on the floor for second reading. In the high court for zambia hpr032014 at the principal registry holden at lusaka criminal jurisdiction between. Subscribers to the website have access to all statutory laws of zambia, fully amended and annotated. The constitution of zambia, adopted in 1991 and last amended in 1996. The forum has sat for a total number of 16 days from the initial ten days that were provided for in the national dialogue act of 2019. Elias munshya writes for zambia s mast newspaper and a version of this article may have been published on july 24, 2019, in the print and electronic editions of the newspapers. United nations general assembly resolution 1040xi, convention on the. This is why it is called the constitution of zambia amendment act of 2016.
The constitution amendment bill 2019, which we appropriately christened as bill 10 came with a fury. Continuous effect of constitution part ii sovereignty 4. Constitution bills go through to next stage in parliament. Us ambassador to zambia eric schultz united states ambassador to zambia eric schultz says it is acceptable to make amendments to the constitution through parliament if the majority of zambians are. The term bill of rights is not in common usage in zambian jurisprudence. On this page you can read or download zambian constitution 2016 pdf download in pdf format. This constitution shall bind all persons in the republic of zambia and all legislative, executive and judicial organs of the state at all levels. In this case, the member sought an order to compel the speaker to schedule a motion. The constitution of zambia amendment bill of 2019 is the countrys grave digger, university of zambia. Jan 08, 2016 constitution of zambia amendment act, no.
Covid19 legal resources are available on zambialii here constitutional court decisions. Sangwa said this in a letter to speaker patrick matibini who, with impunity, has set himself above the constitution and courts of law. 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. In pursuance of our determination to uphold our inherent and inviolable right to decide, appoint and proclaim the means and style whereby we shall govern ourselves as a united and indivisible. The committee will note that article 28 of the constitution allows individuals whose rights have been infringed to seek legal redress through the high court. Laws of zambia part iii national values, principles and. Sangwa has explained to matibini that the supremacy. Bill an act to amend the constitution of the republic of trinidad and tobago, 2015 whereas it is enacted by subsection 1 of section 54 of the constitution that parliament may alter any of the provisions thereof. Jan 09, 2016 here is the amended constitution signed by edgar lungu on january 5, 2016. Constitutional court decisions zambia legal information. The bill of rights is subject to be incorporated in the new zambian constitution upon a referendum on august 11th, 2016.
Examples of legal reform on inheritance in andorra, malawi and zambia. Referendum is a waste of time and money zambian watchdog. This act may be cited as the constitution of zambia. Examples of constitutional clauses which support gender equality in. That said, there is need to define the meaning of bill of rights, its contents and provisions of article 79 of the constitution of zambia of 1996, he said, adding that the new constitution assented in january 2016 does not. Training manual regulating the zambian construction industry. Why zambians are taking the constitution of zambia amendment bill personally. An analysis of spaces for lgbti activism in zambia. Constitution of zambia amendment 2016act no 2 as you can see from the title and provisions, this is not a new constitution. The bill of rights is fundamental to zambia s democracy and guarantees the human respect and dignity of all citizens, mr chipenzi said. Government tables constitutional amendment bill 2015. Welcome and presentation on the zambian parliamentary system. 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. Constitution of zambia vol 1 ch 1 zambia constitution.
Errol mc leod, mp, minister of labour and small and micro enterprise. Challenges of implementation of the antigenderbased violence. It has survived in zambia mostly because the judiciary has failed to come out unequivocally to uphold the right to free assembly embedded in our constitution as evidenced by. 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. Zambias constitution of 1991 with amendments through 2009. Algeria angola benin botswana burkina faso burundi cameroon cape verde central african republic chad comoros congo brazzaville cote divoire dr congo djibouti egypt equatorial guinea eritrea ethiopia gabon gambia ghana guinea guinea bissau kenya lesotho liberia libya madagascar malawi mali mauritania mauritius morocco mozambique namibia. A brief on the constitutional court of zambia 2 a brief on the constitutional court of zambia the constitutional court is a new court which was established under article 127 of the constitution of zambia amendment act, no. The bills adopted are the draft constitution of zambia amendment bill, 2019, the draft electoral process amendment bill, 2019, and the draft public order bill, 2019. Mines and minerals development bill presented to parliament, tax news service june 30, 2015. The annotated text can be exported to pdf and ms word formats. Subject to this act, the constitution shall come into operation on the date of assent by the president. 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. Zambias constitution of 1991 with amendments through 2009 subsequently amended.
In todays final part of our constitutional history, i will enumerate the events that have taken place regarding the zambian constitution since 1964. Aug 12, 2015 the government has published the constitution of zambia amendment bill 2015 which will take forward the enactment of specific clauses which are not subject to the referendum. It was no longer about refining the constitution, but rather a complete overhaul of zambias constitutional framework and structure. Piecemeal enactment of constitution will remove the. Please note that the constitution is not necessarily a new constitution but is an amendment of the 1991 constitution. Review of the draft constitution for the republic of zambia. The constitution of zambia and constitution of zambia amendment bill 2015 passed the second reading after each was subjected to a. Blackhall publishing publishes the revised laws of zambia in cdrom and online. However, they declined to add a bill of rights to the constitution, on the grounds that the constitution itself provided adequate protection from intrusive government as it contained some english bill of rights, including congresss exclusive power to maintain armed forces and, on the federal level, to pass laws and impose taxes. Constitution bill on the cards in parliament zambia reports. Jan 05, 2016 the constitution amendment bill will top the activity list this morning when president edgar lungu appends his signature to mark a milestone in the constitution making process in the country.
The law forbade the amendment of any part of the constitution without going through a referendum. Sangwa explains supremacy of constitution to matibini. Constitution of zambia, 1991 by the zambian for zambia. Creating the miamidade infectious disease elimination act idea. Review of the draft constitution for the republic of zambia july 11, 2012 muna ndulo professor of law, cornell university law school director, cornell institute for african development honorary professor of law, cape town university extra ordinary professor of. The purpose of this application is to act as a human rights defender as per united nations human rights commission unhrc holistic definition. This is just an act of parliament that has made amendments changes to the 1991 constitution. An analysis of spaces for lgbti activism in zambia country report.
Zambias constitution of 1991 with amendments through 2016. The words bill of rights are new in our constitution and are contained in the draft constitution of zambia bill 2015. Executive power is exercised by the government, while legislative power is vested in both the government and parliament. The constitution is amended by the repeal of the preamble. The name was changed to zambia upon independence in 1964. Constitution of zambia amendment act, 2015 5 january 2016 source. History of zambian constitution zambia daily nation. According to the zambia 2000 population and housing census, which collected data on disability, 2. Constitution of zambia amendment act, 2015 5 january 2016.