Understanding Zambia's Lawmaking Process: Bills To Laws

The process of a bill becoming a law in Zambia is a multi-step procedure. It involves a First Reading, Second Reading, Committee Stage, Report Stage, Third Reading, and Presidential Assent. The legislative process is enshrined in the Constitution, with Parliament deriving its authority to legislate from Article 61. A bill is first introduced by a Minister, a Deputy Minister, a parliamentary committee, or an individual Member of Parliament (MP). After the First Reading, the Speaker refers the bill to a relevant committee. The Second Reading involves a detailed debate on the principle behind the bill, and the responsible member reads a prepared speech. The bill is then examined in detail, clause by clause, during the Committee Stage, chaired by the First or Second Deputy Speaker. The Report Stage allows for additional amendments before the Third Reading. If the bill passes the Third Reading, it is presented to the President for assent. Upon the President's assent, the bill becomes an Act of Parliament and is effective immediately upon publication in the Government Gazette.

The legislative process in Zambia

Zambia's legislative process is vested in the government and parliament, with the National Assembly being the country's unicameral legislative body. The legislative arm of the government is responsible for making laws, providing oversight, and carrying out other functions such as scrutinising government programmes and approving the government's financial estimates. The National Assembly has the power to impeach the President and Vice-President in the event of constitutional violations or gross misconduct.

The National Assembly consists of 156 directly elected members and up to eight members nominated by the President, including the Vice President, the Speaker, and one or two Deputy Speakers. The Speaker is responsible for referring a Bill to a relevant committee after the First Reading. The First Deputy Speaker or the Second Deputy Speaker chairs the Committee Stage when a Bill is considered by the Committee of the whole House.

The Second Reading is a crucial stage where the principle behind the Bill is debated in detail. A general debate follows, informed by the Committee's report, and members can speak only once unless clarifying a point or responding to a misquote. The initiator of the Bill has the right to wind up the debate, and the Bill proceeds to the Second Reading if it receives majority support.

The Committee Stage involves a detailed examination of the Bill, clause by clause, and members can introduce amendments compatible with the Bill. The Report Stage is similar, but only additional amendments not moved at the Committee Stage are considered. If the Bill remains unamended, the process proceeds to the Third Reading.

During the Third Reading, members can make further amendments with prior notice, and the Bill is reviewed in its final form without any debate. A Bill to amend the Constitution requires at least a two-thirds majority support at the Third Reading. If passed, the Bill is presented to the President for assent. The President has 21 days to assent, and if granted, the Bill becomes an Act of Parliament and is effective immediately upon publication. However, if the President withholds assent, the Bill is returned to the National Assembly for reconsideration.

The role of the Speaker

The Speaker plays a crucial role in the legislative process in Zambia, guiding a bill through the various stages of its progression into a law. After the First Reading of a bill, the Speaker is responsible for referring it to a relevant committee for detailed scrutiny. This committee ensures a thorough examination of the bill, allowing for informed decision-making.

The Speaker also has a key function during the Second Reading stage. When the Speaker puts the question to the House about reading a bill a second time, if the 'AYES' are in the majority, the Speaker orders the bill to be read a second time. This stage involves a detailed debate on the principles behind the bill, with the member responsible for the bill providing detailed explanations of its implications.

Additionally, the Speaker's deputies, namely the First Deputy Speaker and the Second Deputy Speaker, chair the Committee Stage when a bill is being considered by the Committee of the whole House. This stage involves a clause-by-clause examination of the bill, allowing members to introduce amendments compatible with it.

The Speaker's role is essential to maintaining the legislative process and ensuring that bills are given the necessary attention and scrutiny before progressing to the next stages of becoming a law in Zambia.

The Committee Stage

The legislative process in Zambia involves several stages, including the Committee Stage, which is a crucial part of transforming a Bill into a law. This stage involves a detailed examination of the Bill to ensure a thorough understanding of its implications and potential impact. The Committee Stage is chaired by either the First Deputy Speaker or the Second Deputy Speaker, who guides the process and facilitates discussions.

During the Committee Stage, the Bill is scrutinised clause by clause, allowing for a comprehensive analysis of its content. Members of the committee are given the opportunity to speak multiple times and introduce amendments that are compatible with the Bill. This stage focuses on refining and improving the Bill before it proceeds to the next stage of the legislative process. It is worth noting that the Committee Stage is not just a formal discussion but a critical evaluation of the Bill, aiming to identify any potential issues or areas that need clarification.

The committee members play an active role in this process, engaging in discussions and providing their insights. They may propose changes or additions to the Bill, ensuring that it aligns with the needs and interests of the Zambian people. The committee may also seek input from various stakeholders through consultations to ensure that the Bill considers a wide range of perspectives. This collaborative approach helps to create more effective and well-rounded legislation.

If the Bill successfully passes through the Committee Stage without any amendments, it can promptly proceed to the next stage, which is the Third Reading. However, if amendments are made, the Bill will go through another round of evaluation before reaching the final stage. This iterative process ensures that the legislation is carefully crafted and refined before being presented to the President for assent.

Presidential Assent

In Zambia, a bill becomes an Act of Parliament and a law of the land when the President assents to it and it is published in the Government Gazette. The President has 21 days to review and assent to a Bill. If the President does not approve a Bill, they can withhold assent, in which case the Bill is returned to the National Assembly for reconsideration. If the National Assembly fails to pass the Bill after reconsideration, it shall not be presented in that session.

The legislative process in Zambia involves the following stages: First Reading, Second Reading, Committee Stage, Report Stage, Third Reading, and finally, Presidential Assent. The First Reading of a Bill is when it is introduced for the first time in the legislative process. After the First Reading, the Speaker of the House refers the Bill to a relevant Committee. Before the Second Reading, a Bill to amend the Constitution must be published in the Government Gazette at least 30 days in advance. During the Second Reading, the Member responsible for the Bill reads a prepared speech outlining the Bill's implications and advantages/disadvantages, followed by a general debate informed by the Committee's report. Members can speak only once during the debate, unless they are clarifying a point or responding to a misquote. The initiator of the Bill has the right to conclude the debate.

If the Bill receives majority support after the Second Reading, it proceeds to the Third Reading. However, if it has been amended during the Committee Stage, it first goes through the Report Stage, where additional amendments that were not moved during the previous stage are considered. During the Third Reading, the Bill is reviewed in its final form, and no debate takes place. If the Bill passes with the required majority, it is presented to the President for assent.

Amendments to the Bill of Rights

In Zambia, the process of a bill becoming a law is called the legislative process. It involves the following stages: First Reading, Second Reading, Committee Stage, Report Stage, Third Reading, and Presidential Assent.

The Bill of Rights in Zambia is a part of the country's Constitution, which was adopted in 1991 and revised in 2016. It outlines the human rights and fundamental freedoms of the people of Zambia. The Bill of Rights is enshrined in Part III of the Constitution, which consists of Articles 11 to 26.

• Right to Life and Security of the PersonArticle 12 states that no person shall be deprived of their life intentionally, except in the execution of a court sentence for a criminal offence. It also addresses the protection of unborn children and justifiable use of force.
• Protection of Right to Personal Liberty: According to Article 13, a person's liberty can only be restricted in specific cases authorized by law, such as execution of a court sentence, ensuring public safety, or preventing the spread of infectious diseases.
• Protection from Slavery and Forced Labour: Article 14 prohibits slavery and forced labour, with certain exceptions, such as labour required as a result of a court sentence or for the defence of the country.
• Protection from Inhuman Treatment: Article 15 states that no person shall be subjected to torture or degrading punishment.
• Protection from Deprivation of Property: Article 16 ensures that no property can be compulsorily taken possession of without the authority of an Act of Parliament and the provision of adequate compensation.
• Protection for Privacy of Home and Other Property: Article 17 guarantees the right to privacy, stating that no person shall be subjected to the search of their person, property, or entry on their premises without their consent. However, there are exceptions for reasons of defence, public safety, and protection of the rights of others.
• Provisions to Secure Protection of Law: Article 18 outlines the rights of individuals charged with a criminal offence, including the right to a fair trial, presumption of innocence, and access to legal representation. It also addresses the principles of no punishment without law and prohibits double jeopardy.
• Protection of Freedom of Conscience: Article 19 safeguards religious freedom, including the freedom to hold and manifest beliefs without interference, as well as the freedom to change religion or belief. It also ensures that no person shall be required to receive religious instruction or take part in religious ceremonies that are not of their own religion.
• Protection of Freedom of Expression: Article 20 protects the freedom of expression, which includes the freedom to hold opinions, receive and impart ideas, and communicate without interference. It also emphasizes the freedom of the press and sets limitations on restrictions to this freedom.
• Protection of Freedom of Assembly and Association: Article 21 upholds the right to freedom of assembly and association, including the right to form or belong to political parties, trade unions, or other associations for the protection of one's interests. While this freedom can be restricted for reasons of defence, public safety, and protection of the rights of others, it cannot be hindered without justifiable reasons.
• Protection of Freedom of Movement: Article 22 establishes the right to freedom of movement within Zambia, the right to reside in any part of the country, and the right to leave and return to Zambia. However, this freedom can be restricted for reasons of defence, public safety, public health, and other specified conditions.
• Protection from Discrimination: Article 23 promotes equality and prohibits laws or treatments that are discriminatory based on race, tribe, sex, place of origin, political opinions, colour, or creed. It outlines situations where differential treatment may be justifiable in a democratic society and emphasizes the need for equal opportunities and protection from discrimination.
• Protection of Young Persons from Exploitation: Article 24 focuses on safeguarding young persons (under 15 years old) from harmful labour, physical or mental ill-treatment, neglect, cruelty, and exploitation. It also prohibits the trafficking of young persons.
• Derogation from Fundamental Rights and Detention: Article 25 addresses situations where fundamental rights may be restricted during a state of war or public emergency. It outlines the procedures for restricting freedom of movement and detention, including the need for prompt notification, independent review, and access to legal representation.
• Provisions Relating to Restriction and Detention: Article 26 supplements Article 25 by detailing the rights of individuals whose freedom of movement is restricted or who are detained. It emphasizes the importance of providing a written statement of the grounds for restriction or detention, notifying the Gazette, and facilitating independent tribunal reviews.
• Enforcement of Protective Provisions: Article 28 outlines the process for seeking redress if an individual believes their rights under Articles 11 to 26 have been, are being, or are likely to be contravened. It establishes the role of the High Court in hearing and determining such applications and the right to appeal to the Supreme Court.

These provisions in the Bill of Rights are subject to amendments through the legislative process, which involves the National Assembly and Presidential Assent, as outlined earlier. Any changes to the Constitution, including the Bill of Rights, would require careful consideration and adherence to the established procedures to ensure the protection of the rights and freedoms of the people of Zambia.

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