The operation of this constitution shall not be affected by an unlawful act to overthrow, suspend or illegally abrogate its provisions. Government of zambia act national assembly of zambia. In presidential and parliamentary balloting on october 31, zambian voters took advantage of the unfamiliar opportunity of choosing among candidates from two major and three minor political parties to hand a sweeping victory to an opposition grouping called the movement for multiparty democracy mmd. Whereas the said rights include the right of the individual to life, liberty and the pursuit of happiness, regardless of race, colour, ethnic origin, sex, religion, creed or social or economic. 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. This act may be cited as the constitution of zambia act, 2016. If passed, the draft constitution could render the top act and penal code unconstitutional. A government white paper in late1995 proposed that article 79 of the constitution of zambia act, 1991, which stated that, subject to the provisions of this article, parliament may alter this. Although child marriage has declined by 25% from 41. Real and potential economic implications of invocation of. The constitution of the republic of south africa, 1996 as adopted on 8 may 1996 and amended on 11 october 1996 by the constitutional assembly isbn 97806290636. Continuous effect of constitution part ii sovereignty 4. 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. Children of citizens of zambia a person born in or outside zambia after the commencement of this constitution shall become a citizen of zambia at the date of his birth if on that date at least one of his parents is a citizen of zambia.
Download zambias new constitution as amended elias. The members of the proposed popular body, which was to be called the national constitutional conference ncc, were to be nominated by the different interest groups instead of being elected. An act to provide for the printing and publication of the amended constitution. 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. In laymans language, it is an alert to the nation that we have a situation which if allowed may lead to the state of emergency. In article 28 on protection of life, defining life as beginning at conception by implication prohibits abortion. A person shall be qualified to be a candidate for election as president if hea is a citizen of zambia. Zambian constitution changes set rules for august elections. Constitution of kenya, 2010 2 the constitution of kenya, 2010 arrangement of articles preamble chapter onesovereignty of the people and supremacy of this constitution 1sovereignty of the people. 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. Lungu acts to declare state of emergency by staff reporter on july 5, 2017 president edgar lungu has taken steps that will lead to the declaration of a state of emergency for zambia through the invocation of article 31 of the constitution. Lungu acts to declare state of emergency the mast online. History of zambian constitutionpart v zambia daily nation. The civil society constitution agenda cisca has said that the invocation of article 31 is directly aimed at stifling the opposition and any dissenting voices rather than a measure to ensure or.
Ghanas constitution of 1992 with amendments through 1996. 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. Jan 08, 2016 constitution of zambia amendment act, no. 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 44%, below the 50%. Article 27 head of state and government article 28 election article 29 term of office article 30 oath of affirmation article 31 immunity from civil and criminal proceedings article 32 functions, powers and duties article 33 remuneration article 34 succession. 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. Any law, customary practice or a decision of an organ of state or a public official which contravenes this constitution shall be of no effect. The namibian constitution was published and came into force on the date of independence. In terms of issues dealt with in article 28 5 c, these are typically left to the criminal code rather than the constitution. Constitution of zambia amendment act, 2015 5 january 2016. Jan 15, 2014 3 this constitution shall bind all persons in zambia, state organs and state institutions. Laws made under articles 2 and 3 to provide for the amendment of the first and the fourth schedules and supplemental, incidental. Nevertheless, this footprint is not quite what it promises to be. The person holding the office of president immediately before the commencement of this act shall, unless he ceases to hold office by virtue of the provisions of article 34 or 35 of the constitution or resigns, continue in office and shall exercise the executive powers of the president under the constitution as amended until the person elected.
Article 31 of the constitution of zambia states as follows. Responsibility united party for national development. Article 31 of the 1951 convention relating to the status. History of zambian constitution zambia daily nation. Under article 28, victims of violations of articles 11 to 26 of the constitution may petition the high court for redress. Zambias constitution of 1991 with amendments through 2016. Laws of zambia part iii national values, principles and. The people of yemen are part of the arab and islamic nation. Jul 05, 2017 president edgar lungu has declared a state of emergency by invoking article 31 of the zambian constitution. Cisca press statement on invocation of article 31 on state of threatened public emergency in zambia. Islam is the religion of the state, and arabic is its official language. The words bill of rights are new in our constitution and are contained in the draft constitution of zambia bill 2015.
The constitution of zambia act, 1991, and the constitution. According to the 2014 zdhs, child marriage affects more girls than boys child marriage in zambia. Jan 05, 2016 zambian leader edgar lungu signed into law constitutional changes setting new rules for general elections on aug. The republic of yemen is an arab, islamic and independent sovereign state whose integrity is inviolable, and no part of which may be ceded. A popular body could come up with a draft constitution that would be enacted by parliament and then be partly presented to zambian citizens in a referendum. Zambia s constitution of 1991 with amendments through 2016. The zambian constitution in article 1 provides that this constitution is the supreme law of zambia and if any other law is inconsistent with this constitution, that law shall to the extent of the inconsistency, be void. Namibian constitution second amendment act 7 of 2010 gg 4480. Report of the technical committee on drafting the zambian constitution the secretariat technical committee on drafting the zambian constitution government complex conference centre kamwala lusaka june, 2012. This complete constitution has been generated from excerpts of texts from the repository of the. Section 1 short title this act may be cited as the constitution full article. Even though clause 2 of article 28 qualifies this by stating that a person shall not be deprived of life intentionally, except to the extent authorised by this constitution or any other law, zambia s termination of pregnancy act would in effect be a law that would bow to the constitution and hence article 28 would negate the effect of. If you dont see any interesting for you, use our search form on bottom v. Now article 31 is not state of emergency, rather it is a threatened state of emergency which is under emergency act.
The zambia independence constitution was protected by a referendum clause. The territorial integrity of the kingdom of cambodia. Constitution of zambia act 2016 national assembly of zambia. President lungu declares state of emergency zambia reports. The law forbade the amendment of any part of the constitution without going through a referendum. Article 23 of the constitution defines prohibited discrimination as including dis crimination on the grounds of sex.
May 10, 20 but by stating that life begins at conception article 28 of the draft constitution pitches these acts against the unborn childs right to life as stipulated in the current and draft constitutions bill of rights. This act may be cited as the constitution of zambia act, 2015. The constitution of zambia was formally adopted in 1991 and amended in 2009 and last amended in 2016 references. He assented to the new constitution on 5 january, 2016. A person who was a citizen of zambia, immediately before the commencement of this constitution, shall continue to be a citizen 5 of zambia and shall retain the same citizenship category from the date the citizenship was acquired.
The constitution of zambia amendment bill, 2019 bill 10 appears to have some footprints of the pentecostal mindset in so far as the declaration of zambia as a christian nation is concerned. The constitution of zambia act, 1996 by the zambian for zambia. The zambian economy is intimately linked to the global economy. The constitution is amended bythe repeal of the preamble. 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 power to determine whether legislation is inconsistent with the constitution is vested in the courts article 91. Zambian leader edgar lungu signed into law constitutional changes setting new rules for general elections on aug. A constitutional referendum was held in zambia on 11 august 2016 alongside general elections, a move designed to reduce the cost of the referendum. Userspublicdocumentsgp jobsconstitution of zambia act. Clearly, article 31 gives the republican president the discretion as to whether or not to invoke article 31 if a situation exists which may lead to a state of public emergency. A number of commentators have criticised this part of the preamble of the draft constitution and pushed for two alternative options. Constitution of zambia amendment act, 2015 5 january 2016 source.
The revocation of article 31 of the zambian constitution could heighten the risks to smoother return to economic recovery and stability in zambia. Review of the draft constitution for the republic of zambia. Approaches to developing a new constitution for zambia muna ndulo cornell university and chaloka beyani london school of economics and political science i. Zambia has been engaged in several efforts to try and develop a new constitution in the context of both demands for a more democratic constitution and the need to rebuild. President edgar lungu has declared a state of emergency by invoking article 31 of the zambian constitution. The constitution of zambia act, 1996 by the zambian for. There is a need for pentecostals to push back against this idea that the faith should be. Article 31 declaration relating to threatened emergency.
This act may be cited as the constitution of zambia amendment no. President edgar lungu reads the constitution of zambia while chairing a special cabinet meeting at state house in lusaka. This was the constitution act that was promulgated on august 31 1991. The text of the constitution was published in rossiiskaya gazeta newspaper as of december 25, 1993. Comparative constitutions project, and distributed on.
The provisions of the independence constitution relating to human rights should in the same form as those in chapter i of the present constitution subject to the following modifications. In our view, the procedure of issuing the proclamation in the gazette was done in accordance with article 31 of the constitution. Constitution of zambia amendment act, 2015 5 january. Persons entitled to apply to be registered as citizens 1 any person who. Act, 2015, and shall be read as one with the constitution of zambia, in this act referred to as the constitution. Constitution of the federal democratic republic of ethiopia. Constitution of zambia, 1996 by the zambian for zambia. 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. The current zambian constitution clearly states that similar provisions are not justiciable. The zambian dna has called for the extension of the invoked article 31 of the republican constitution by president edgar lungu, beyond the 90day period which elapses this month. I have over the years been following the history of the zambian constitution and i consider the 2916 constitution to be very progressive.
Chapter twothe republic 4declaration of the republic. The kingdom of cambodia is an independent, sovereign, peaceful, permanently neutral and nonaligned state. Although zambia has made these commitments to the promotion and. After 17 years of singleparty rule, zambia returned to multiparty competition in late 1991. Cambodia is a kingdom where the king shall fulfill his functions according to the constitution and the principles of liberal multiparty democracy. Does the article mean that constitutional challenges would be entertained. English translation garantservice download in zip format 26 kb. In todays final part of our constitutional history, i will enumerate the events that have taken place regarding the zambian constitution since 1964.
Was the threatened state of emergency invoked legally under article 31. The constitution contains what are termed national values. Jul 05, 2016 on this page you can read or download new zambian constitution 2016 pdf in pdf format. Subject to this act, the constitution shall come into operation on the date of assent by the president. There is no doubt perpetrators of this act is to make the country ungovernable. Let me say early on that i reject these alternatives as intellectually flawed. Jul 05, 2016 on this page you can read or download zambian constitution 2016 pdf download in pdf format. As president, i will not tolerate this lawslessness, he said in a national address on both radio and television.
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