Keith Mack
Zambia's constitution, adopted in 1991, is the supreme law of the land. It abrogated the 1973 constitution, allowing for the participation of multiple political parties. The constitution was last amended in 2016 and outlines the structure of the government, the separation of powers, the roles of the executive, legislature, and judiciary, and guarantees fundamental human rights and freedoms. The sources of constitutional law in Zambia include the constitution, legislation passed by parliament and signed by the president, and authoritative texts.
| Characteristics | Values |
|---|---|
| Supreme law of the land | Constitution of Zambia |
| Multi-ethnic | 70+ Bantu-speaking ethnic groups |
| Multi-religious | Christianity (official) with traditional beliefs |
| Multi-party democratic state | More than one political party allowed |
| Separation of powers | Executive, legislature, and judiciary |
| Fundamental freedoms | Freedom fighters honoured |
| National symbols | Eagle, Zambian flag, coat of arms |
| Sources of law | Constitution, Acts of Parliament, statutory instruments, and customary law |
| National Assembly composition | 150 members elected by universal suffrage, 8 members nominated by President, 1 Speaker |
| National Assembly powers | Legislative, assent by President required |
| National values | Morality, ethics, patriotism, democracy, human dignity, equality, good governance, sustainable development |
| Economic policy | Self-reliance, citizen empowerment, local and foreign investment |
| Constitutional offices | Electoral Commission of Zambia (ECZ), Human Rights Commission, Anti-Corruption Commission, Public Protector |
| Public Service | Appointments, discipline, terms of public officers |
| Defence and Security services | Zambia Army, Air Force, Police, intelligence services |
| Land, Environment, and Natural Resources | Conservation, sustainable use |
| Citizenship | By birth, descent, registration, or adoption |
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What You'll Learn
The Constitution is the supreme law
Zambia's Constitution, adopted in 1991, is the supreme law of the Republic of Zambia. It was amended in 1996, 2009, and most recently in 2016. The Constitution outlines the structure of the government, the separation of powers, and the roles of the executive, legislature, and judiciary, while also guaranteeing fundamental human rights and freedoms. It abrogates the 1973 Constitution, which only allowed a single political party, and instead enshrines multi-party democracy.
The Constitution recognises the sovereignty of the people of Zambia, who may exercise their power directly or through their chosen representatives, including via referendum. It also establishes the country as a unitary, indivisible, multi-ethnic, multireligious, and democratic state. The document defines national symbols and outlines the various sources of law, including Acts of Parliament, statutory instruments, and customary law consistent with the Constitution.
The Constitution sets out national values and principles, such as morality, ethics, patriotism, democracy, human dignity, equality, good governance, and sustainable development. These principles guide the interpretation of the Constitution, the creation and interpretation of laws, and the implementation of state policy. The President is required to report annually to the National Assembly on the progress made in applying these values.
The Constitution also addresses specific topics such as citizenship, the environment, defence and security services, chieftaincy and traditional affairs, legal interpretation, and the amendment procedure. It provides for constitutional offices and commissions, including the Electoral Commission of Zambia, the Human Rights Commission, the Anti-Corruption Commission, and the Public Protector. The Constitution further outlines the structure of the Public Service and the roles of various officials.
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Legislation passed by Parliament
Article 54(2)(a) of the Constitution charges the Attorney General with drafting and signing all bills presented before Parliament. The Attorney General may delegate functions to the Solicitor General (Article 55(5)(b)). Laws made by the National Assembly and assented to by the President are styled "Acts", and the words of enactment are "Enacted by the Parliament of Zambia" (Article 78(8)).
Parliament can confer power on any authority to create binding laws. It is important to note that traditional chiefs are not qualified to be elected as members of Parliament. Members of Parliament form parliamentary committees with the mandate to consider specific matters or bills.
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Signed by the President
The Constitution of Zambia is the supreme law of the Republic of Zambia. It was formally adopted in 1991, replacing the 1964 Independence Constitution, and was later amended in 1996, 2009, and 2016. The 2016 amendment was signed by President Edgar Lungu.
The Constitution of Zambia is composed of various parts that outline the structure of the government, the separation of powers, and the roles of the executive, legislature, and judiciary. It also guarantees fundamental human rights and freedoms, defines electoral systems, and outlines the functions of constitutional offices.
In terms of legislation, the National Assembly of Zambia is responsible for passing laws, but these laws must be assented to and signed by the President to become valid. This process is outlined in Article 78 of the Constitution, which states that a bill shall not become law unless the President has assented to it and signed it.
The President also plays a role in the annual reporting of Zambia's national values and principles, which include morality and ethics, patriotism, democracy, human dignity, equality, good governance, and sustainable development. The President is required to report to the National Assembly on the progress of applying these values, as outlined in Article 9 of the Constitution.
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National values and principles
Zambia's constitution, adopted in 1991 and last amended in 2016, outlines the country's national values and principles. These values and principles are meant to guide the interpretation of the Constitution, the creation and interpretation of laws, and the implementation of state policy.
Part II (Articles 8-10) of the Constitution sets out these values and principles, which include morality and ethics, patriotism, democracy, human dignity, equality, good governance, and sustainable development (Article 8). The President is required to report annually to the National Assembly on progress in applying these values (Article 9).
Article 10 establishes the basis of economic policy, requiring the government to promote a self-reliant economic environment, support citizen economic empowerment, and encourage both local and foreign investment. Investments are to be protected under international agreements, and compulsory acquisition is limited to cases permitted under international law. No compensation is owed for investments acquired through criminal activity.
The Constitution also includes provisions for protecting the environment and conserving natural resources in a sustainable manner, as well as maintaining a clean and healthy environment. It outlines the rights, privileges, and benefits of citizenship, including the acquisition of citizenship by birth, descent, registration, or adoption. It guarantees fundamental human rights and freedoms, such as protection from false imprisonment and ultra vires administrative actions.
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Roles of the executive, legislature and judiciary
Zambia's sources of constitutional law are drawn from a variety of sources, including the constitution, legislation, and subsidiary legislation. The country's constitution was first adopted in 1991, amended in 1996, and then again in 2016. It establishes a democratic system of government with a separation of powers between the executive, legislature, and judiciary.
The Executive
The executive branch is responsible for the daily administration and enforcement of laws, as well as formulating and implementing policies. It is headed by the Republican President, who also has the power to call Parliament to meet, order elections, and give final approval to laws with presidential assent. The President, however, does not play an active role in the parliamentary work beyond these functions. The executive also includes the Cabinet, government line ministries, and public service departments. Law enforcement agencies such as the Zambia Police and the Anti-Corruption Commission fall under the executive's purview for enforcing laws.
The Legislature
The legislative power in Zambia vests in the National Assembly, which is part of Parliament. The National Assembly consists of 150 members elected by universal suffrage for a five-year term, with an additional eight members nominated by the President, and a Speaker nominated by the Assembly members. Legislation passed by the National Assembly must be assented to by the President to become law. The National Assembly carries out important public responsibilities and its members form parliamentary committees to consider specific matters or bills.
The Judiciary
The judiciary interprets and applies the country's laws to ensure impartial justice and dispute resolution. It is headed by the Chief Justice, who is also an ex-officio Judge of the High Court. The judiciary's structure includes the Supreme Court, the Constitutional Court, the appeals court, the High Court, the Subordinate Court, the Local Court, and lower courts as prescribed by Parliament. The judiciary has the power to hear and determine matters relating to the Constitution, presidential election disputes, and legal disputes. It provides a mechanism for individuals or groups to resolve disputes with the state, promotes the rule of law, and protects human rights.
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Frequently asked questions
The Constitution of Zambia is the supreme law of the Republic of Zambia. It was formally adopted in 1991, replacing the 1964 Independence Constitution, and has since been amended several times, most recently in 2016.
The Constitution of Zambia outlines the structure of the government, the separation of powers, the roles of the executive, legislature, and judiciary, and guarantees fundamental human rights and freedoms. It also defines electoral systems, the functions of constitutional offices, the process of constitutional amendment, and the principles of governance.
Amendments to the Constitution of Zambia require parliamentary approval and, in some cases, a national referendum. The most recent amendment in 2016 was signed by President Edgar Lungu.
In addition to the Constitution, other sources of law in Zambia include legislation passed by Parliament and signed by the President, also known as "`Acts", as well as statutory instruments and customary law consistent with the Constitution.
The legislation passed by the Zambian Parliament is contained in statute books available in most libraries, including the Ministry of Justice Law Library. The government website also provides information on legislation.
