Professional Documents
Culture Documents
(Amended to 1996)
Table of Contents
Part I-National Sovereignty and State
Part II-Citizenship
Part X-Finance
Part XIV-Miscellaneous
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PREAMBLE
(As amended by Act No. 18 of 1996)
PART I
NATIONAL SOVEREIGNTY AND STATE
(As amended by Act No. 18 of 1996)
Article 1
Declaration of Republic, sovereignty of people, supreme
law and official language
Article 2
Public Seal
Article 3
National Anthem, National Flag, National Emblem and
National Motto
Article 4
Citizens of Zambia
Article 5
Children of citizens of Zambia
Article 6
Persons entitled to apply to be registered as Citizens
Article 7
Powers of Parliament
Article 8
Citizenship Board
Parliament may make provision for the establishment of
a Citizenship Board to deal with any of the matters
falling under the provisions of Articles 6 or 7.
Article 9
Cesser of Citizenship
Article 10
Interpretation
PART III
PROTECTION OF FUNDAMENTAL RIGHTS
AND FREEDOMS OF THE INDIVIDUAL
Article 11
Fundamental Rights and Freedoms
Article 12
Protection of Right to Life
Article 13
Protection of Right to Personal Liberty
Article 14
Protection from Slavery and Forced Labour
Article 15
Protection from Inhuman Treatment
Article 16
Protection from Deprivation of Property
Article 17
Protection for Privacy of Home and Other Property
Article 18
Provisions to Secure Protection of Law
and except with his own consent the trial shall not
take place in his absence unless he so conducts himself
as to render the continuance of the proceedings in his
presence impracticable and the court has ordered him to
be removed and the trial to proceed in his absence.
(3) When a person is tried for any criminal offence,
the accused person or any person authorized by him in
that behalf shall, if he so requires and subject to
payment of such reasonable fee as may be prescribed by
law, be given within a reasonable time after judgment a
copy for the use of the accused person of any record of
the proceedings made by or on behalf of the court.
Article 19
Protection of Freedom of Conscience
Article 20
Protection of Freedom of Expression
Article 21
Protection of Freedom of Assembly and Association
Article 22
Protection of Freedom of Movement
Article 23
Protection from Discrimination on the Ground of Race,
etc.
Article 24
Protection of Young Persons from Exploitation
Article 25
Derogation from Fundamental Rights and Detention
Article 26
Provisions Relating to Restriction and Detention
Article 27
Reference of Certain Matters to Special Tribunal
(1) Whenever—
Article 28
Enforcement of Protective Provisions
(1) Subject to clause (5), if any person alleges that
any of the provisions of Articles 11 to 26 inclusive
has been, is being or is likely to be contravened in
relation to him, then, without prejudice to any other
action with respect to the same matter which is
lawfully available, that person may apply for redress
to the High Court which shall—
and which may, make such order, issue such writs and
give such directions as it may consider appropriate for
the purpose of enforcing, or securing the enforcement
of, any of the provisions of Articles 11 to 26
inclusive.
Article 29
Declaration of War
Article 30
Declaration of Public Emergency
Article 31
Declaration Relating to Threatened Emergency
Article 32
Interpretation and Savings
PART IV
THE EXECUTIVE
Article 33
The Office of President
Article 34
Election of President
Article 35
Tenure of Office of President
Article 36
Removal of President on Grounds of Incapacity
Article 37
Impeachment of President for Violation of Constitution
Article 38
Vacancy in Office of President
Article 39
Discharge of Functions of President During Absence,
Illness, Etc.
Article 40
Oath of President
A person assuming the office of President shall, before
entering the office, take and subscribe to such oaths
as may be prescribed by or under an Act of Parliament.
Article 41
Returning Officer; Questions Relating to Elections
Article 42
Salary and Allowances of President
Article 43
Protection of President in Respect of Legal Proceedings
Article 45
Vice-President
Article 46
Ministers
(1) There shall be such Ministers as may be appointed
by the President.
Article 47
Provincial Deputy Minister and Deputy Minister
Article 48
Oath of Vice-President, Minister and Deputy Ministers
Article 49
Cabinet
Article 50
Functions of Cabinet
Article 51
Accountability of Cabinet and Deputy Ministers
Article 52
Code of Conduct
Article 53
Secretary to Cabinet
Article 54
Attorney-General
(1) There shall be an Attorney-General of the Republic
who shall, subject to ratification by the National
Assembly, be appointed by the President and shall be—
Article 55
Solicitor-General
Article 56
Director of Public Prosecutions
Article 58
Tenure of Office of Director of Public Prosecutions
Article 59
Prerogative of Mercy
Article 60
Advisory Committee
Article 61
Offices for Republic
PART V
THE LEGISLATURE
Article 62
Legislative Power and Membership of Parliament
Article 63
Composition Of, and Election To, National Assembly
Article 64
Qualification for Election to National Assembly
Article 65
Disqualification for Election to National Assembly
Article 66
Nomination for Election to National Assembly
Article 67
By-election for the National Assembly
Article 68
Nominated Members
Article 69
Speaker
Article 70
Deputy Speaker
Article 71
Tenure of Office of Members of National Assembly
Provided that—
Article 72
Determination of Questions as to Membership of National
Assembly
Article 74
Removal of Nominated Member by President
Article 75
The Franchise
Article 76
Electoral Commission
Article 77
Constituencies and Elections
Article 78
Exercise of Legislative Power of Parliament
Article 79
Alteration of Constitution
(1) Subject to the provisions of this Article,
Parliament may alter this Constitution or the
Constitution of Zambia Act, 1991.
(a) not less than thirty days before the first reading
of the bill in the National Assembly the text of the
bill is published in the Gazette; and
Article 80
Statutory Instruments
Article 81
Restrictions with Regard to Certain Financial Measures
Article 82
President May Address National Assembly
(1) The President may, at any time, attend and address
the National Assembly.
Article 83
Presiding National Assembly
Article 84
Voting and Quorum
Article 85
Unqualified Persons Sitting or Voting
Article 86
Procedure in National Assembly
(1) Subject to the provisions of this Constitution, the
National Assembly may determine its own procedure.
Article 87
Privileges and Immunities of National Assembly
Article 88
Dissolution of Parliament and Related Matters
(1) Subject to the provisions of clause (4) each
session of Parliament shall be held at such place
within Zambia and shall commence at such time as the
President may appoint.
Article 89
Oaths to Be Taken by Speaker and Members
Article 90
The Investigator-General
(1) There shall be an Investigator-General of the
Republic who shall be appointed by the President in
consultation with the Judicial Service Commission and
shall be the Chairman of the Commission for
Investigations.
PART VI
THE JUDICATURE
Article 91
Courts
Article 92
Supreme Court
Article 93
Appointment of Judges of Supreme Court
Article 94
High Court
Article 95
Appointment of Puisne Judges, Chairman and Deputy
Chairmen of the
Industrial Relations Court
Article 96
Acting Judge of Supreme Court or of the High Court to
Act or Hold
Office until Appointment Expires or Is Revoked
Article 97
Qualifications for Appointment as Supreme Court Judge,
Puisne Judge,
Chairman and Deputy Chairman of the Industrial
Relations Court
Article 98
Tenure of Office of Judges of Supreme and High Court
Article 99
Oaths to Be Taken by Judge
PART VII
DEFENCE AND NATIONAL SECURITY
Article 100
The Zambia Defence Force
Article 101
Functions of Defence Force
Article 102
Parliament to Regulate Defence Force
Article 103
The Zambia Police Force
Article 104
Functions of Zambia Police Force
Article 106
Prison Service
Article 107
Parliament to Regulate Zambia Prison Service
Article 108
Zambia Security Intelligence Services
PART VIII
LOCAL GOVERNMENT SYSTEM
Article 109
Local Government System
Article 110
Application of Directive Principles of State Policy
Article 111
Directives Not to Be Justiciable
Article 112
Directive Principles of State Policy
Article 113
Duties of the Citizens
(h) pay all taxes and duties legally due and owing to
the State; and
Article 114
Imposition of Taxation
Provided that—
Article 115
Withdrawal of Moneys from General Revenues
Article 116
Supplementary Estimates in Respect of Expenditure
Authorised by Warrant
Where in any financial year any expenditure has been
authorised by a warrant issued by the President under
paragraph (d) of clause (2) Article 113, the Minister
responsible for finance shall cause a supplementary
estimate relating to that expenditure to be laid before
the National Assembly for its approval before the
expiration of a period of four months from the issue of
the warrant or, if the National Assembly is not sitting
at the expiration of that period, at the first sitting
of the National Assembly thereafter.
Article 117
Appropriation Acts and Supplementary Appropriation Acts
Article 118
Financial Report
(1) The Minister responsible for finance shall cause to
be prepared and shall lay before the National Assembly
not later than nine months after the end of each
financial year a financial report in respect of that
year.
Article 119
Remuneration of Certain Officers
Article 120
Public Debt
Article 121
Auditor-General
Article 122
Tenure of Office of Auditor General
PART XI
SERVICE COMMISSIONS
Article 123
Commissions
Article 124
Pension Laws and Protection
PART XII
HUMAN RIGHTS COMMISSION
Article 125
Establishment of Human Rights Commission and its
Independence
Article 126
Functions, Powers, Composition, Procedure, Etc. of
Human Right Commission
PART XIII
CHIEFS AND HOUSE OF CHIEFS
Article 127
The Institution of Chief
Article 128
Concept and Principles Relating to the Institution of
Chiefs
The following concepts and principles shall apply to
Chiefs:
Article 129
Chief Not to Be Partisan
Article 130
House of Chiefs
Article 131
Functions of House of Chiefs
Article 132
Composition of House of Chiefs
Article 133
Tenure of Office and Vacancy
Article 134
Oaths of Members of House of Chiefs
Article 135
Staff of House of Chiefs
Article 136
President May Make Regulations
Subject to the provisions of this Constitution, the
President may by statutory instrument, make regulations
for—
PART XIV
MISCELLANEOUS
Article 137
Resignations
Article 138
Reappointment and Concurrent Appointments
Article 139
Interpretation