Preamble PART I. SUPREMACY OF CONSTITUTION Article 1. Supremacy of Constitution Article 2. Defence of Constitution Article 3. Continuous effect of Constitution Article 4. Republic of Zambia Article 5. Sovereign authority Article 6. National symbols Article 7. Laws of Zambia PART II. NATIONAL VALUES, PRINCIPLES AND ECONOMIC POLICIES Article 8. National values and principles Article 9. Application of national values and principles Article 10. Basis of economic policies 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 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 Article 28. Enforcement of Protective Provisions 2 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. CITIZENSHIP Article 33. Existing citizenship Article 34. Categories of citizenship Article 35. Citizenship by birth Article 36. Citizenship by descent Article 37. Citizenship by registration Article 38. Citizenship by adoption Article 39. Dual citizenship Article 40. Renunciation and deprivation of citizenship Article 41. Citizenship Board of Zambia Article 42. Entitlements of citizen Article 43. Responsibilities of citizen Article 44. Reference to citizenship of parent PART V. REPRESENTATION OF THE PEOPLE Electoral Systems and Process Article 45. Principles of electoral systems and process Article 46. Franchise Article 47. Electoral systems Article 48. Electoral process Article 49. System for administering elections Article 50. Access to media Article 51. Independent candidates Article 52. Nominations Article 53. Unopposed candidates Article 54. Electoral code of conduct Article 55. Losing candidate not eligible for certain appointments Article 56. Election date for general elections Article 57. By-elections Constituencies Wards and Delimitation Article 58. Constituencies, wards and delimitation Article 59. Matters to take into account when delimiting constituencies and wards Political Parties Article 60. Political parties PART VI. LEGISLATURE Legislative Authority Article 61. Principles of legislative authority Article 62. Parliament, vesting of legislative authority and Members of Parliament Article 63. Functions of Parliament and National Assembly Article 64. Introduction of Bills in National Assembly Article 65. Money Bills Article 66. Presidential assent and referral Article 67. Statutory instruments Elections to National Assembly and Members of Parliament Article 68. Election and composition of National Assembly Article 69. Nominated Members of Parliament Article 70. Qualifications and disqualifications of Members of Parliament Article 71. Nominations for election to National Assembly Article 72. Vacation of office as Member of Parliament and dissolution of political party Article 73. Petition of election of Member of Parliament Article 74. Leader of Government Business and Leader of Opposition Proceedings of National Assembly Article 75. Sittings of National Assembly Article 76. Freedom of speech powers, privilegs and immunities Article 77. Procedure of National Assembly Article 78. Voting in National Assembly Article 79. Alteration of Constitution Article 80. Committees of National Assembly Article 81. Term and prorogation of Parliament Speaker Deputy Speakers and Officers of National Assembly Article 82. Speaker and Deputy Speakers of National Assembly Article 83. Removal of Speaker on specified grounds Article 84. Clerk of National Assembly Article 85. Officers of National Assembly General Parliamentary Matters Article 86. Presidential address to National Assembly and presidential messages Article 87. Vote of censure Article 88. Right to petition and make comments Article 89. Public access and participation PART VII. EXECUTIVE Executive Authority Article 90. Principles of executive authority Article 91. Presidency and vesting of executive authority Article 92. Executive functions of President Article 93. Confirmation of presidential decisions and instructions Article 94. Approval of appointments and measures by National Assembly Article 95. Ratification of appointments and measures by National Assembly Article 96. Advisory Committee on prerogative of mercy Article 97. Prerogative of mercy Article 98. Protection of President from legal proceedings Election of President Article 99. Returning officer for presidential elections Article 100. Qualifications and disqualifications for nomination as presidential candidate Article 101. Election of President Article 102. Disqualification for run-off Article 103. Election petition Article 104. Transition period before assuming office Assumption of Office Tenure of Office and Vacancy Article 105. Assumption of office Article 106. Tenure of office of President and vacancy Article 107. Removal of President on grounds of incapacity Article 108. Impeachment of President Article 109. Performance of executive functions during absence of President Vice-President Article 110. Vice-President, election to office and swearing in Article 111. Tenure of office fo Vice-President and vacancy Article 112. Functions of Vice-President Cabinet Ministers Article 113. Cabinet Article 114. Functions of Cabinet Article 115. Proceedings of Cabinet meetings Article 116. Ministers Article 117. Provincial Minister PART VIII. JUDICIARY Judicial Authority System of Courts and Independence Article 118. Principles of judicial authority Article 119. Vesting of judicial authority and performance of judicial function Article 120. System of court Article 121. Ranking of Supreme and Constitutional Courts Article 122. Functional independence of Judiciary Article 123. Financial independence of Judiciary Establishment Jurisdiction and sittings of Superior Courts Article 124. Establishment and composition of Supreme Court Article 125. Jurisdiction of Supreme Court Article 126. Sittings of Supreme Court Article 127. Establishment and composition of Constitutional Court Article 128. Jurisdiction of Constitutional Court Article 129. Sittings of Constitutional Court Article 130. Establishment and composition of Court of Appeal Article 131. Jurisdiction of Court of Appeal Article 132. Sittings of Court of Appeal Article 133. Establishment and composition of High Court Article 134. Jurisdiction of High Court Article 135. Sittings of High Court Chief Justice and other Judges Article 136. Chief Justice Article 137. Deputy Chief Justice Article 138. President of Constitutional Court Article 139. Deputy of President of Constitutional Court Article 140. Appointment of judges Article 141. Qualification for appointment as judge Article 142. Tenure of office of judge Article 143. Removal of judge from office Article 144. Procedure for removal of judge Judicial Officers and Chief Administrator Article 145. Appointment and retirement of judicial officers Article 146. Chief Administrator of Judiciary PART IX. GENERAL PRINCIPLES OF DEVOLVED GOVERNANCE System of Devolved Governance Article 147. System of devolved governance Article 148. Sub-structures of local government PART X. PROVINCES, DISTRICTS, WARDS AND PROVINCIAL ADMINISTRATION Article 149. Provinces, districts and wards Provincial Administration Article 150. Provincial administration PART XI. LOCAL GOVERNMENT System of Local Government Article 151. System of local government Article 152. Local authorities Article 153. Election of councillors, composition of councils and tenure Article 154. Mayor, deputy mayor, council chairperson and deputy council chairperson Article 155. Conduct of councillor Article 156. Accountability of councillors Article 157. Vacation of office of councillor and vacancies Article 158. By-election for council Article 159. Local government elections tribunals and petitions Article 160. Enforcement of judgment against local authority Article 161. Revenue of local authorities Article 162. Constituency Development Fund Article 163. Local Government Equalisation Fund and funds for local authorities Article 164. Legislation on local authorities PART XII. CHIEFTAINCY AND HOUSE OF CHIEFS Article 165. Institution of chieftaincy and traditional institutions Article 166. Status of institution of chieftaincy Article 167. Rights and privileges of chiefs Article 168. Participation of chiefs in public affairs Article 169. House of Chiefs and function Article 170. Tenure of office and vacancy Article 171. Staff of House of Chiefs Article 172. Legislation on House of Chiefs PART XIII. Public Service Values and Principles Article 173. Values and principles of public service Constituting Offices for Public Service Article 174. Constituting offices for public service Article 175. Holding of office in public service Constitutional Office Holders Article 176. Secretary to Cabinet Article 177. Attorney-General Article 178. Vacancy in office of Attorney-General Article 179. Solicitor-General Article 180. Director of Public Prosecutions Article 181. Performance of functions of Director of Public Prosecutions during absence, illness or other cause Article 182. Tenure of office of Director of Public Prosecutions Article 183. Secretary to Treasury Article 184. Permanent Secretaries Public Officers Article 185. Appointment of public officers Article 186. Participation in politics PART XIV. PENSION BENEFIT Article 187. Pension benefit Article 188. Review of pension benefit and tax exemption Article 189. Payment of pension benefits PART XV. DEFENCE AND NATIONAL SECURITY Article 190. Principles relating to Defence Force and national security services Article 191. Status of Defence Force and national security services Article 192. Establishment of Defence Force and functions Article 193. Establishment of national security services and functions Article 194. Qualification to serve in Defence Force and national security service Article 195. Deployment outside Republic Article 196. Prohibition of activities relating to defence and national security Article 197. Legislation on Defence Force and national security services PART XVI. PUBLIC FINANCE AND BUDGET Article 198. Principles relating to public finance Article 199. Imposition of tax Article 200. Consolidated Fund Article 201. Withdrawal from Consolidated Fund Article 202. Annual financial estimates of revenue and expenditure Article 203. Appropriation Act, Supplementary Appropriation Act and Excess Expenditure Appropriation Act Article 204. Limitation and conditions of warrant Article 205. Budget and planning legislation Article 206. Investment of public funds Article 207. Borrowing and lending by Government Article 208. Public debt Article 209. Compensation Fund Article 210. Public procurement and disposal of State assets Article 211. Financial report of Republic Article 212. Auditor-General’s report PART XVII. CENTRAL BANK Article 213. Bank of Zambia(1) There is established the Bank of Zambia which shall be the central bank of the Republic Article 214. Governor of Bank of Zambia Article 215. Legislation on Bank of Zambia PART XVIII. SERVICES, COMMISSIONS AND OTHER INDEPENDENT OFFICES Article 216. Principles relating to commissions Parliamentary Service Commission Article 217. Parliamentary Service Article 218. Parliamentary Service Commission Judicial Service Commission Article 219. Judicial Service Article 220. Judicial Service Commission Civil Service Commission Article 221. Civil Service Article 222. Civil Service Commission Teaching Service Commission Article 223. Teaching Service Article 224. Teaching Service Commission Zambia Correctional Service Commission Article 225. Zambia Correctional Service Commission Zambia Police Service Commission Article 226. Zambia Police Service Commission Local Government Service Commission Article 227. Local Government Service Article 228. Local Government Service Commission Electoral Commission of Zambia. Electoral Commission of Zambia Article 229. Electoral Commission of Zambia Human Rights Commission Article 230. Human Rights Commission Gender Equity and Equality Commission Article 231. Gender Equity and Equality Commission Emoluments Commission Article 232. Emoluments Commission Lands Commission Article 233. Lands Commission State Audit Commission Article 234. State Audit Commission Investigative Commissions Article 235. Investigative Commissions Judicial Complaints Commission Article 236. Judicial Complaints Commission Police Public Complaints Commission Article 237. Police Public Complaints Commission General Provisions Relating to Commissions Article 238. Financial independence of commissions Article 239. Expenses of commissions Article 240. Qualifications of members of commissions Article 241. General powers of commissions Article 242. Legislation on commissions Other Independent Offices Public Protector Article 243. Public Protector Article 244. Functions of Public Protector Article 245. Limitation of powers of Public Protector Article 246. Performance of functions of Public Protector during absence, illness or other cause Article 247. Tenure of office of Public Protector Article 248. Report to National Assembly Auditor-General Article 249. Auditor-General Article 250. Functions of Auditor-General Article 251 Article 252. Tenure of office of Auditor-General PART XIX. LAND, ENVIRONMENT AND NATURAL RESOURCES Land Article 253. Principles of land policy Article 254. Classification and alientation of land and land tenure Environment and Natural Resources Article 255. Principles of environmental and natural resources management and development Article 256. Protection of environment and natural resources Article 257. Utilisation of natural resources and management of environment PART XX. GENERAL PROVISIONS Article 258. Official language and use and satus of local languages Article 259. Nominations and appointments Article 260. Oath of office and prescribed oaths Article 261. Code of conduct and ethics Article 262. Conflict of interest Article 263. Declaration of assets Article 264. Emoluments payable under Constitution Article 265. Funding, expenses and emoluments charge on Consolidated Fund Article 266. Definitions Article 267. Interpretation of Constitution Article 268. Grammatical variation Article 269. Computation of time Article 270. Power to appoint includes power to remove Article 271. Implied power Article 272. Legislation to give effect to Constitution Article 273. Power to make statutory instrument, resolutio nor direction Article 274. Time for performance of function Article 275. Exercise of power between publication and commencement of Acts ANNEX. FUNCTIONS OF NATIONAL, PROVINCIAL AND LOCAL LEVELS OF DEVOLVED GOVERNMENT (Article 147(2)) A. Exclusive national functions B. Concurrent national and provincial functions C. Local Authorities exclusive functions
WE, THE PEOPLE OF ZAMBIA:
ACKNOWLEDGE the supremacy of God Almighty;
DECLARE the Republic a Christian Nation while upholding a person’s right to freedom of conscience, belief or religion;
UPHOLD the human rights and fundamental freedoms of every person;
COMMIT ourselves to upholding the principles of democracy and good governance;
RESOLVE to ensure that our values relating to family, morality, patriotism and justice are maintained and all functions of the State are performed in our common interest;
CONFIRM the equal worth of women and men and their right to freely participate in, determine and build a sustainable political, legal, economic and social order;
RECOGNISE AND UPHOLD the multi-ethnic, multi-racial, multi-religious and multi-cultural character of our Nation and our right to manage our affairs and resources sustainably in a devolved system of governance;
RESOLVE that Zambia shall remain a unitary, multi-party and democratic sovereign State;
RECOGNISE AND HONOUR the freedom fighters who fought for the independence of our Nation in order to achieve liberty, justice and unity for the people of Zambia;
AND DIRECT that all State organs and State institutions abide by and respect our sovereign will;
DO HEREBY SOLEMNLY ADOPT AND GIVE TO OURSELVES THIS CONSTITUTION:
PART I. SUPREMACY OF CONSTITUTION
Article 1. Supremacy of Constitution
This Constitution is the supreme law of the Republic of Zambia and any other written law, customary law and customary practice that is inconsistent with its provisions is void to the extent of the inconsistency.
An act or omission that contravenes this Constitution is illegal.
This Constitution shall bind all persons in Zambia, State organs and State institutions.
The validity or legality of this Constitution is not subject to challenge by or before a State organ or other forum.
A matter relating to this Constitution shall be heard by the Constitutional Court.
Article 2. Defence of Constitution
Every person has the right and duty to—
defend this Constitution; and
resist or prevent a person from overthrowing, suspending or illegally abrogating this Constitution.
Article 3. Continuous effect of Constitution
The operation of this Constitution shall not be affected by an unlawful act to overthrow, suspend or illegally abrogate its provisions.
Article 4. Republic of Zambia
Zambia is a sovereign Republic under a constitutional form of governance.
The Republic consists of the territory defined in an Act of Parliament.
The Republic is a unitary, indivisible, multi-ethnic, multi-racial, multi-religious, multi-cultural and multi-party democratic State.
The Republic shall not be ceded in whole or in part.
The Republic may enter into a union or other form of inter-state organisation, which action shall not be construed as ceding the Republic.
Article 5. Sovereign authority
Sovereign authority vests in the people of Zambia, which may be exercised directly or through elected or appointed representatives or institutions.
Power that is not conferred by or under this Constitution on any State organ, State institution, State officer, Constitutional office holder or other institution or person is reserved for the people.
The people of Zambia shall exercise their reserved power through a referendum, as prescribed.
Article 6. National symbols
The national symbols of the Republic are the—
Coat of Arms;
Public Seal; and
The form, words, description and use of the national symbols shall be as prescribed.
Article 7. Laws of Zambia
The Laws of Zambia consist of—
laws enacted by Parliament;
Zambian customary law which is consistent with this Constitution; and
the laws and statutes which apply or extend to Zambia, as prescribed.