Our conclusion is that once again zambia has failed to adopt a constitution that responds to the aspirations of the zambia people. The ceremony passed the provisions whose amendment does not require referendum, leaving the bill of rights and the amendment clause to undergo the mandatory referendum expected to bring to an end the 40year struggle to enact a people driven constitution that enjoys both legitimacy and longevity. Ndulo calls for complete overhaul of constitution the mast. Jul 05, 2016 on this page you can read or download new zambian constitution 2016 pdf in pdf format.
Training manual regulating the zambian construction industry. Jan 05, 2016 zambian leader edgar lungu signed into law constitutional changes setting new rules for general elections on aug. Constitution of zambia amendment act, 2015 5 january 2016. Chinhengo to the workshop organised by the southern african parliamentary support trust.
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. If you dont see any interesting for you, use our search form on bottom v. Government of zambia act national assembly of zambia. On this page you can read or download new zambian constitution 2016 pdf in pdf format.
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. On 11 august 2016, zambia held elections for the presidency, national assembly, local councillors, and mayors. Mar 09, 2015 british high commissioner david thornton says it is looking unlikely that zambia will have a new constitution before the 2016 general elections. A new constitution for zambia must provide important safeguards to ensure public accountability, responsiveness to the electorate, participation of the people in. In the wake of the cost and difficulty of organising these elections, there. History of zambian constitution zambia daily nation. In the last decade, two early presidential elections 2008 and 2015 were instigated by the incumbents death. Just before christmas the government published the constitution of zimbabwe amendment no. They, however, differ on the process to be employed in developing a new constitution and on the content of the constitution.
President lungu was sworn in on 25 january 2015 to serve the rest of president satas term until the next presidential, parliamentary and local government elections in 2016. I would like the readers to note that zambia did not draft and enact a new constitution at attainment of independence, but, the northern rhodesia constitution was amended to meet the aspirations of the people of the new republic of zambia. Here is the amended constitution signed by edgar lungu on january 5, 2016. This act may be cited as the constitution of zambia act, 2016. Those who wish to have a full text of the northern rhodesia independence conference, 1964 may contact me on the addresses below. Nov 27, 2015 on this page you can read or download zambian constitution 2016 pdf download in pdf format. Jan 08, 2016 please note that the constitution is not necessarily a new constitution but is an amendment of the 1991 constitution. Section 2e of the english law extent of application act stipulates that the supreme court practice rules of england in force until 1999 shall be in force in the republic, provided they are subject to the constitution and legislation of zambia. In the same vein, zambians will know in advance who the successor would.
Ndulo calls for complete overhaul of constitution the. Please note that the constitution is not necessarily a new constitution but is an amendment of the 1991 constitution. 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. Government urges zambians living in diaspora to apply for dual citizenship, supra. He assented to the new constitution on 5 january, 2016. Its not possible to have a new constitution its impossible. 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. This act may be cited as the constitution of zambia act. Our conclusion is that once again zambia has failed to adopt a constitution that responds to. Zambias amended constitution was not people driven law.
Constitution of zambia amendment bill, 2019 have been made with full cognizance of our obligations as promulgated in the accountant act as well as our professional resolve to act in the public interest. On 5 january 2016 president edgar lungu signed zambias new constitution with much fanfare and pomp. The constitution establishes the mandate of a government by defining the basic principles to which a society must conform. 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%. Concurrently, a refer endum was held on whether to enhance the bill of rights in the. Among other changes, the new document permits dual citizenship and sets a date for the next elections. Constitution of zambia amendment act, 2015 5 january 2016 source. Article 63 2 of the constitution is amended by the deletion of paragraphs d and e. On 5 january 2016 president edgar lungu signed zambia s new constitution with much fanfare and pomp. Thornton said that the only way that is looking certain for zambia to have a new constitution will be to adopt it via parliament as going the referendum route was looking unlikely and expensive given.
On august 11, the country held elections under a new constitution for president, national assembly seats, and local. Prior to amendment act coming into force, all constitutional matters were dealt with primarily by the high court of zambia, with the possibility of such matters being taken to the supreme court on. The ceremony passed the provisions whose amendment does not require referendum, leaving the bill of rights and the amendment clause to underg. If enacted the bill will give the president a free hand in appointing senior judges, namely the chief justice, the deputy chief justice and the judge president of the high court. Next week, we will conclude the series of the zambian constitution with its post independence history from 1964 to 2015. It provides that the general elections shall be held on the second thursday of august in an election year.
The result is an unworkable, poorly integrated, and unsatisfactory document that leaves the desire by zambian people for a democratic constitution unfulfilled. On this page you can read or download zambian constitution 2016 pdf download in pdf format. I have over the years been following the history of the zambian constitution and i consider the 2916 constitution to be very progressive. History of zambian constitutionpart v zambia daily nation. The constitution of zambia was formally adopted in 1991 and amended in 2009 and last amended in 2016 references. Miyutu chinga, 23rd january, 2019 chibomba, pc, mulembe,mulonda, munalula, jjc. 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. In the 2016 amended constitution, however, an attempt was further made to try and consolidate the chiluba era idea when a clause was included in the zambian constitution to the effect that the litunga, king of barotseland, would no longer have powers to dethrone or enthrone chiefs in western province barotseland. The amendment permits dual citizenship for the first time, and also provides a presumption of citizenship for children of unknown parents. British high commissioner david thornton says it is looking unlikely that zambia will have a new constitution before the 2016 general elections. Amends the 1991 constitution, including replacing chapter iv which provides for citizenship. The amended constitution has come under serious criticism from leading zambian legal. Its unlikely zambia will have new constitution before.
Bulawayo, 8 february 2017 no legislative act contrary to the constitution can be valid. Comments on the 2016 constitution stated that the 2016. Chapter 1 constitution of zambia act arrangement of. General elections were held in zambia on 11 august 2016 to elect the president and national assembly. Zambia is a constitutional republic governed by a democratically elected president and a unicameral national assembly. On january 6, 2016, zambias ministry of home affairs urged zambians living in other countries and foreigners residing in zambia to apply for dual citizenship. Zambian constitution changes set rules for august elections. Jul 09, 2019 in the 2016 amended constitution, however, an attempt was further made to try and consolidate the chiluba era idea when a clause was included in the zambian constitution to the effect that the litunga, king of barotseland, would no longer have powers to dethrone or enthrone chiefs in western province barotseland. Its unlikely zambia will have new constitution before 2016.
As you can see from the title and provisions, this is not a new constitution. Dual citizenship is now permitted under the recently approved amendments to the zambian constitution. Last week, zambia enacted a package of amendments to the constitution that has been years in the making. Download zambia s new constitution as amended you can download zambia s constitution as amended. Constitution of zambia act 2016 national assembly of zambia.
Jan 29, 2016 on 5 january 2016 president edgar lungu signed zambias new constitution with much fanfare and pomp. The 2016 election was held against the backdrop of important institutional changes. A constitutional referendum was held in zambia on 11 august 2016 alongside general elections, a move designed to reduce the cost of the referendum. The constitution of zambia was formally adopted in 1991 and amended in 2009 and last amended in 2016. If enacted the bill will give the president a free hand in appointing senior judges, namely the chief justice, the deputy. Among the amendments are a number of significant changes to the presidency. The constitutional court was established under article 127 of the constitution of zambia amendment act, no. Constitution of zambia amendment bill plots against the. New changes to constitution to further suppress barotseland. Download zambias new constitution as amended elias. And prof ndulo says the 2016 constitution is an embarrassing document not befitting country like zambia. An analysis of constitution of zimbabwe amendment no.
Jul 05, 2016 on this page you can read or download zambian constitution 2016 pdf download in pdf format. Mar 06, 2018 professor muna ndulo has described the 2016 constitution as inept. Jan 25, 2017 just before christmas the government published the constitution of zimbabwe amendment no. Government urges zambians living in diaspora to apply for dual citizenship. Amendment of constitution of zambia act, 1991, and schedule thereto 4. Amendment of constitution of zambia act, 1991, andschedule thereto cap. Amendment of constitution of zambia act, 1991, and.
Constitution, and to have taken any necessary oath required to be taken under the constitution, unless the president requires any person who continues in office by virtue of this section to take any oath prescribed by the constitution or by an act of parliament. The constitution of zambia amendment bill, 2016 memorandum the object of this bill is to amend the constitution of zambia so as to a revise the bill of rights to include civil, political. Prof ndulo stated that the new zambian constitution was developed by a process that was deeply flawed and ignored the principles raised above. Jan 09, 2016 here is the amended constitution signed by edgar lungu on january 5, 2016. Voters were asked whether they approve of proposed amendments to the bill of rights and article 79, which dictates the process of future amendments.
Persons entitled to apply to be registered as citizens 1 any person who a has attained the age of twentyone years. 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. The national constitution supreme law of the land is the set of fundamental rules written or unwritten that control how a government can exercise public power and authority. Download pdf constitution of zambia amendment act, 2015 5 january 2016 download pdf constitution of zambia amendment act, 2015 5 january 2016 source. The ceremony passed the provisions whose amendment does not require referendum, leaving the bill of rights and the amendment clause to undergo the mandatory referendum expected to bring to an end the 40year struggle to enact a people driven constitution that enjoys both legitimacy. The constitution of zambia was amended in january 2016, just a few months before the election, and further changes to the electoral process act were enacted in june 2016. Prof ndulo, a usbased lawyer, in his article zambias unfullfilled struggle for a democratic constitution.
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