This is the latest version of this Act.
- Citation
- Chapter 1
- Date
- Language
- English
- Type
- Legislation
Related documents
- Is amended by Constitution of Zambia (Amendment) Act, 2009
- Is amended by Constitution of Zambia (Amendment) Act, 2016
Zambia
Constitution of Zambia Act, 1991
Chapter 1
- Commenced on 30 August 1991
- [This is the version of this document from 5 January 2016.]
- [Amended by Constitution of Zambia (Amendment) Act, 2009 (Act 20 of 2009) on 31 August 2009]
- [Amended by Constitution of Zambia (Amendment) Act, 2016 (Act 2 of 2016) on 5 January 2016]
1. Short title
This Act may be cited as the Constitution of Zambia Act.2. Interpretation
3. ***
[Has had its effect]4. ***
[Has had its effect]5. Printing and publication of the Constitution
The Constitution may be printed and published by the Government Printer separately from this Act, and the production of a copy of the Constitution purporting to be so printed shall be prima facie in all courts and for all purposes whatsoever of the Constitution as its provisions.6. Existing laws
7. Prerogatives and privileges of President
Where under the existing law any prerogatives or privileges are vested in the President those prerogatives or privileges shall, after the commencement of this Act, continue to vest in the President.8. Continuation of office of President
The person holding the office of President immediately before the commencement of this Act shall, unless he ceases to hold office by virtue of the provisions of Article 34 or 35 of the Constitution or resigns, continue in office and shall exercise the executive powers of the President under the Constitution until the person elected at the first election to the office of President under the Constitution assumes office.9. Existing offices
10. The National Assembly
11. Succession to property and assets
12. Rights, liabilities and obligations
All rights, liabilities and obligations of the President or any public officer on behalf of the Government of Zambia before the commencement of this Act shall, on and after the commencement of this Act, be rights, liabilities and obligations of the President or such public officer, as the case may be, on behalf of the Government of Zambia.13. Legal proceedings
14. Transitional provisions
15. Appeals in respect of certain decisions affecting pensions and like benefits
16. Compulsory retirement of non-citizens
Notwithstanding anything to the contrary contained in this Act or the Constitution, the President may, with a view to securing the appointment of citizens of Zambia to public offices, direct retirement from public office of any person who is not a citizen of Zambia:Provided that a person shall not be retired under the provisions of this section unless notice in writing is given to him specifying the date of retirement which shall not be earlier than six months from the date on which such notice is received by him.Schedule (Section 2)
Constitution of the Republic of Zambia
Preamble
[As amended by Act No. 18 of 1996 and substituted by section 2 of Act 2 of 2016]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
Article 2 – Defence of Constitution
Every person has the right and duty to—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
Article 5 – Sovereign authority
Article 6 – National symbols
Article 7 – Laws of Zambia
The Laws of Zambia consist of—Part II – National values, principles and economic policies
Article 8 – National values and principles
The national values and principles are—Article 9 – Application of national values and principles
Article 10 – Basis of economic policies
Part III – Protection of the fundamental rights and freedoms of the individual
Article 11 – Fundamental rights and freedoms
It is recognised and declared that every person in Zambia has been and shall continue to be entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed, sex or marital status, but subject to the limitations contained in this Part, to each and all of the following, namely: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
A person shall not be subjected to torture, or to inhuman or degrading punishment or other like 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
Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of Articles 13, 16, 17, 19, 20, 21, 22, 23 or 24 to the extent that it is shown that the law in question authorises the taking, during any period when the Republic is at war or when a declaration under Article 30 is in force, of measures for the purpose of dealing with any situation existing or arising during that period; and nothing done by any person under the authority of any such law shall be held to be in contravention of any of the said provisions if it is shown that the measures taken were, having due regard to the circumstances prevailing at the time, reasonably required for the purpose of dealing with the situation in question.Article 26 – Provisions relating to restriction and detention
Article 27 – Reference of certain matters to special tribunal
Article 28 – Enforcement of protective provisions
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
A person who was a citizen of Zambia, immediately before the commencement of this Constitution, shall continue to be a citizen of Zambia and shall retain the same citizenship category from the date the citizenship was acquired.Article 34 – Categories of citizenship
Citizenship may be acquired by birth, descent, registration or adoption in accordance with this Part.Article 35 – Citizenship by birth
Article 36 – Citizenship by descent
A person born outside Zambia is a citizen by descent if, at the date of that person’s birth, at least one parent of that person is or was a citizen by birth or descent.Article 37 – Citizenship by registration
Article 38 – Citizenship by adoption
A child who is not a citizen and who is adopted by a citizen shall be a citizen on the date of the adoption.Article 39 – Dual citizenship
Article 40 – Renunciation and deprivation of citizenship
Article 41 – Citizenship Board of Zambia
Article 42 – Entitlements of citizen
A citizen is entitled to—Article 43 – Responsibilities of citizen
Article 44 – Reference to citizenship of parent
A reference in this Part to the citizenship of the parent of a person at the time of the birth of that person shall, in relation to a person born after the death of that person’s parent, be construed as a reference to the citizenship of the parent at the time of the parent’s death.Part V – Representation of the people
[Part V inserted by section 4 of Act 2 of 2016]Electoral systems and process
Article 45 – Principles of electoral systems and process
Article 46 – Franchise
A citizen who has attained the age of eighteen years is entitled to be registered as a voter and vote in an election by secret ballot.[Article 46 inserted by section 4 of Act 2 of 2016]Article 47 – Electoral systems
Article 48 – Electoral process
The electoral process for electing a President, Member of Parliament or councillor shall be prescribed.[Article 48 inserted by section 4 of Act 2 of 2016]Article 49 – System for administering elections
The system of administering elections shall be prescribed.[Article 49 inserted by section 4 of Act 2 of 2016]Article 50 – Access to media
A political party and a candidate contesting an election shall have access to the media, especially during election campaigns.[Article 50 inserted by section 4 of Act 2 of 2016]Article 51 – Independent candidates
A person is eligible for election as an independent candidate for a National Assembly seat if the person—Article 52 – Nominations
Article 53 – Unopposed candidates
Article 54 – Electoral code of conduct
A candidate and a political party shall comply with a prescribed electoral code of conduct.[Article 54 inserted by section 4 of Act 2 of 2016]Article 55 – Losing candidate not eligible for certain appointments
A candidate who loses an election as a President, Vice-President, Member of Parliament or councillor is not eligible, during the term of that National Assembly or council, for appointment as—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
The Electoral Commission shall, in delimiting the boundaries of constituencies and wards—Political parties
Article 60 – Political parties
Article 61 – Offices for Republic
Part VI – Legislature
[Part VI, previously part V, renumbered and headings substituted by section 5 of Act 2 of 2016]Legislative Authority
Article 61 – Principles of legislative authority
The legislative authority of the Republic derives from the people of Zambia and shall be exercised in a manner that protects this Constitution and promotes the democratic governance of the Republic.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
A nomination for election to the National Assembly is valid if the candidate—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, privileges 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
There shall be appointed such officers in the department of the Clerk of the National Assembly, as prescribed.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 – The Executive
Executive Authority
Article 90 – Principles of Executive authority
The Executive authority derives from the people of Zambia and shall be exercised in a manner compatible with the principles of social justice and for the people’s well-being and benefit.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
The Chairperson of the Electoral Commission shall be the Returning Officer in an election to the office of President.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 of Vice-President and vacancy
Article 112 – Functions of Vice-President
Cabinet Ministers
Article 113 – Cabinet
There shall be a Cabinet consisting of the—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
The Supreme Court and Constitutional Court rank equivalently.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
There is established the Supreme Court which consists of—Article 125 – Jurisdiction of Supreme Court
Article 126 – Sittings of Supreme Court
Article 127 – Establishment and composition of Constitutional Court
There is established the Constitutional Court which consists of—Article 128 – Jurisdiction of Constitutional Court
Article 129 – Sittings of Constitutional Court
Article 130 – Establishment and composition of Court of Appeal
There is established the Court of Appeal which consists of such number of judges as prescribed.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
The High Court has, subject to Article 128—Article 135 – Sittings of High Court
The High Court shall be constituted by one judge or such other number of judges as the Chief Justice may determine.Chief Justice and other judges
Article 136 – Chief Justice
Article 137 – Deputy Chief Justice
Article 138 – President of Constitutional Court
Article 139 – Deputy President of Constitutional Court
Article 140 – Appointment of judges
The President shall, on the recommendation of the Judicial Service Commission and subject to ratification by the National Assembly, appoint the—Article 141 – Qualification for appointment as judge
Article 142 – Tenure of office of judge
Article 143 – Removal of judge from office
A judge shall be removed from office on the following grounds: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
Provinces, districts and wards
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
A councillor shall act in a manner that is consistent with a councillor’s civic duties and responsibilities, as prescribed.Article 156 – Accountability of councillors
Councillors shall be collectively and individually accountable to the national Government and residents in their wards and districts, for the performance of their functions.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
A person who obtains a judgment against a local authority may enforce the judgment against the local authority after one year from the date of the delivery of the judgment.Article 161 – Revenue of local authorities
A local authority is competent to levy, impose, recover and retain local taxes, as prescribed.Article 162 – Constituency Development Fund
Article 163 – Local Government Equalisation Fund and funds for local authorities
Article 164 – Legislation on local authorities
The following shall be prescribed:Part XII – Chieftaincy and House of Chiefs
Article 165 – Institution of chieftaincy and traditional institutions
Article 166 – Status of institution of chieftaincy
The institution of chieftaincy—Article 167 – Rights and privileges of chiefs
A chief—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 Chief
The following matters shall be prescribed—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
For the purposes of this Constitution, a person shall not be considered as holding an office in the public service by reason only that the person is in receipt of emoluments in respect of service under or for the Government.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
Where the Director of Public Prosecutions is absent from Zambia or is unable to perform the functions of office due to illness or other cause, the President shall appoint a person qualified to perform the functions of Director of Public Prosecutions to perform those functions until that appointment is revoked or until the Director of Public Prosecutions returns to office.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
[Part XV added by section 8 of Act 2 of 2016]Article 190 – Principles relating to Defence Force and national security services
Article 191 – Status of Defence Force and national security services
The Defence Force and national security services shall be—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
A person is qualified to serve as a member of the Defence Force and national security services if the person is—Article 195 – Deployment outside Republic
Article 196 – Prohibition of activities relating to defence and national security
Except as provided in this Constitution, a person shall not—Article 197 – Legislation on Defence Force and national security services
The following shall be prescribed:Part XVI – Public finance and budget
[Part XVI added by section 8 of Act 2 of 2016]Article 198 – Principles relating to public finance
The guiding principles of public finance include the following: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
The following shall be prescribed:Article 206 – Investment of public fund
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
The Auditor-General shall, not later than nine months after the end of a financial year, submit an audit report to the President and the National Assembly, on the accounts of the Republic audited in respect of the preceding financial year.[Article 212 added by section 8 of Act 2 of 2016]Part XVII – Central bank
[Part XVII added by section 8 of Act 2 of 2016]Article 213 – Bank of Zambia
Article 214 – Governor of Bank of Zambia
Article 215 – Legislation on Bank of Zambia
The following shall be prescribed:Part XVIII – Services, commissions and other independent offices
[Part XVIII added by section 8 of Act 2 of 2016]Article 216 – Principles relating to commissions
A commission shall—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
Article 229 – Electoral Commission of Zambia
Human Rights Commission
Article 230 – Human Rights Commission
Gender Equity and Equality Commission
Article 231 – Gender Equity 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
There is established the following 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
The expenses of a commission, including emoluments payable to, or in respect of, persons serving with that commission, shall be a charge on the Consolidated Fund.[Article 239 added by section 8 of Act 2 of 2016]Article 240 – Qualifications of members of commissions
A person qualifies to be appointed as a member of a commission if that person—Article 241 – General powers of commissions
A commission—Article 242 – Legislation on commission
The functions, composition, appointment of members, tenure of office of members, processes and procedures, operations, administration, structures, finances and financial management of a commission shall be prescribed.[Article 242 added by section 8 of Act 2 of 2016]Other Independent Offices
Public Protector
Article 243 – Public Protector
Article 244 – Functions of Public Protector
Article 245 – Limitation of powers of Public Protector
The Public Protector shall not investigate a matter which—Article 246 – Performance of functions of Public Protector during absence, illness or other cause
Where the Public Protector is absent from Zambia or is unable to perform the functions of office due to illness or other cause, the President shall appoint a person qualified to perform the functions of the Public Protector until that appointment is revoked or until the Public Protector returns to office.[Article 246 added by section 8 of Act 2 of 2016]Article 247 – Tenure of office of Public Protector
Article 248 – Report to National Assembly
The office of the Public Protector shall report to the National Assembly on matters concerning its affairs.[Article 248 added by section 8 of Act 2 of 2016]Auditor-General
Article 249 – Auditor-General
Article 250 – Functions of Auditor-General
Article 251 – Performance of functions of Auditor-General during absence, illness or other cause
Where the Auditor-General is absent from Zambia or is unable to perform the functions of office due to illness or other cause, the President shall appoint a person qualified to perform the functions of the Auditor-General until that appointment is revoked or until the Auditor-General returns to office.[Article 251 added by section 8 of Act 2 of 2016]Article 252 – Tenure of office of Auditor-General
Part XIX – Land, environment and natural resources
[Part XIX added by section 8 of Act 2 of 2016]Land
Article 253 – Principles of land policy
Article 254 – Classification and alienation of land and land tenure
Environment and natural resources
Article 255 – Principles of environmental and natural resources management and development
The management and development of Zambia’s environment and natural resources shall be governed by the following principles:Article 256 – Protection of environment and natural resources
A person has a duty to co-operate with State organs, State institutions and other persons to—Article 257 – Utilisation of natural resources and management of environment
The State shall, in the utilisation of natural resources and management of the environment—Part XX – General provisions
[Part XX added by section 8 of Act 2 of 2016]Article 258 – Official language and use and status of local languages
Article 259 – Nominations and appointments
Article 260 – Oath of office and prescribed oaths
A person assuming a public office, member of the House of Chiefs, and presidential appointee, shall take an Oath of Office and such other oath, as prescribed, before carrying out the duties of office.[Article 260 added by section 8 of Act 2 of 2016]Article 261 – Code of conduct and ethics
A person holding a public office shall act in accordance with a code of conduct and ethics, as prescribed for that office.[Article 261 added by section 8 of Act 2 of 2016]Article 262 – Conflict of interest
A person holding a public office shall not act in a manner, or be in a position, where the personal interest of that person conflicts, or is likely to conflict, with the performance of the functions of office.[Article 262 added by section 8 of Act 2 of 2016]Article 263 – Declaration of assets
A person holding a public office shall, before assuming office or leaving office, make a declaration of their assets and liabilities, as prescribed.[Article 263 added by section 8 of Act 2 of 2016]Article 264 – Emoluments payable under Constitution
Article 265 – Funding, expenses and emoluments charge on Consolidated Fund
Article 266 – Definitions
In this Constitution, unless the context otherwise requires—“adult” means a person who has attained, or is above, the age of nineteen years;“Bill” means a draft of a proposed law to be enacted by Parliament;“Bill of Rights” means the human rights and fundamental freedoms set out in Part III, and includes their status, application, interpretation, limitations, derogations, non-derogations and enforcement;“by-election” means an election to fill a vacancy in the office of a Member of Parliament or councillor;“candidate” means a person contesting a presidential, parliamentary or local government election;“chief” means a person bestowed as chief and who derives allegiance from the fact of birth or descent, in accordance with the customs, traditions, usage or consent of the people in a chiefdom;“child” means a person who has attained, or is below, the age of eighteen years;“circuit schedule” means a table showing dates, districts, time and place where a court is to sit and hear matters in any period of twelve months;“citizen” means a citizen of Zambia;“civil servant” means a public officer appointed by the Civil Service Commission;“civil society” means a group of persons, who are not part of the Government, who associate for the purpose of advancing or protecting particular interests;“commission” means a commission established under Part XVIII of this Constitution;“constituency” means an area into which Zambia is divided for purposes of elections to the National Assembly;“Constitutional Court” means the Constitutional Court established in this Constitution;“Constitutional office” means the office of the Attorney-General, Solicitor-General, Director of Public Prosecutions, Public Protector, Auditor-General, Secretary to the Cabinet, Secretary to the Treasury and Permanent Secretary;“Constitutional office holder” means a person holding or acting in a Constitutional office; “council” includes a city, municipal or town council;“council chairperson” means a person elected chairperson of a town council in accordance with Article 154;“councillor” means a member of a council elected in accordance with Article 153;“court” means a court of competent jurisdiction established by or under this Constitution;“Court of Appeal” means the Court of Appeal established in this Constitution;“devolution” means a form of decentralisation where there is a transfer of rights, functions and powers or an office from the central government or State institution to a subnational authority or the bringing of a service that is provided at central government level to, or opening of a branch of a public office or institution at, a sub-national level, and the word “devolved” shall be construed accordingly;“disability” means a permanent physical, mental, intellectual or sensory impairment that alone, or in combination with social or environmental barriers, hinders the ability of a person to fully or effectively participate in an activity or perform a function as specified in this Constitution or as prescribed;“discrimination” means directly or indirectly treating a person differently on the basis of that person’s birth, race, sex, origin, colour, age, disability, religion, conscience, belief, culture, language, tribe, pregnancy, health, or marital, ethnic, social or economic status;“district” means an administrative unit of a Province as provided in Article 149;“election” means an election to the office of President, National Assembly or a council;“Electoral Commission” means the Electoral Commission of Zambia established in this Constitution;“emoluments” include salaries, allowances, benefits and rights that form an individual’s remuneration for services rendered, including pension benefits or other benefits on retirement;“Emoluments Commission” means the Emoluments Commission established in this Constitution;“executive authority” means the power and the right to execute executive functions;“executive functions” means the functions of the President set out in this Constitution;“ex-officio” means a person who is appointed as a member by virtue of office;“First Deputy Speaker” means the person elected as First Deputy Speaker in accordance with Article 82 (4);“freedom fighter” means a person who fought for the independence of the former protectorate of Northern Rhodesia to become the Republic of Zambia;“function” includes powers and duties;“gender” means female or male and the role individuals play in society as a result of their sex and status;“general election” means Presidential, National Assembly and local government elections when held on the same day;“gross misconduct” means—(a)behaviour which brings a public office into disrepute, ridicule or contempt;(b)behaviour that is prejudicial or inimical to the economy or the security of the State;(c)an act of corruption; or(d)using or lending the prestige of an office to advance the private interests of that person, members of that person’s family or another person;“health practitioner” means a person registered as a health practitioner as prescribed;“High Court” means the High Court established in this Constitution;“individual” means a natural person;“judge” means a person appointed as a judge of a superior court;“judgment” includes a decision, an order or decree of a court or an authority, as prescribed;“judicial authority” means the power and right to perform judicial functions;“judicial function” means the functions of the Judiciary set out in this Constitution;“judicial officer” includes a magistrate, local court magistrate, registrar and such officers as prescribed;“legislative authority” means the power and right to perform legislative functions;“legislative functions” means the functions of the legislature set out in this Constitution;“local authority” means a council and it’s secretariat consisting of persons appointed by the Local Government Service Commission;“local government” means governance at the local level;“local government elections tribunal” means a tribunal established in accordance with Article 159;“Local Government Equalisation Fund” means a fund established in accordance with Article 163;“mayor” means a person elected mayor of a city or municipal council in accordance with Article 154;“Member of Parliament” means a person who is member of the National Assembly;“Minister” means a Cabinet Minister;“oath” includes an affirmation;“older member of society” means a person who has attained, or is above, the age of sixty years;“opposition” means a political party which is not the political party in government;“ordinarily resident” means residing in a place for a prescribed period of time;“Parliament” means the President and the National Assembly;“parliamentary committee” means a committee established in accordance with Article 80;“pension benefit” includes a pension, compensation, gratuity or similar allowance in respect of a person’s service;“person” means an individual, a company or an association of persons, whether corporate or unincorporate;“person with disability” means a person with a permanent physical, mental, intellectual or sensory impairment;“political party” means an association whose objectives include the contesting of elections in order to form government or influence the policy of the national or local government;“power” includes privilege, authority and discretion;“prescribed” means provided for in an Act of Parliament;“President-elect” means the presidential candidate who has been declared by the Returning Officer as having won the presidential election;“presidential candidate” means a person nominated to stand for election as President in accordance with Article 52 (1);“presidential election” means an election to the office of President, and includes the election of a Vice-President as a running mate to the President;“property” includes a vested or contingent right to, or interest in, or arising from—(a)land, permanent fixtures on, or improvements to, land;(b)goods or personal property;(c)intellectual property; or(d)money, choses in action or negotiable instruments;“provincial administration” means the administrative secretariat established in accordance with Article 150;“Provincial Minister” means a person appointed Provincial Minister by the President;“public media” means media owned, operated or controlled by the Government;“public office” means an office whose emoluments and expenses are a charge on the Consolidated Fund or other prescribed public fund and includes a State office, Constitutional office and an office in the public service, including that of a member of a commission;“public officer” means a person holding or acting in a public office, but does not include a State officer, councillor, a Constitutional office holder, a judge and a judicial officer;“public service” means service in the Civil Service, the Teaching Service, Defence Force and National Security Service, the Zambia Correctional Service, the Zambia Police Service, Emoluments Commission, State Audit Commission, Lands Commission, Electoral Commission, Human Rights Commission, Gender Equity and Equality Commission, the Anti-Corruption Commission, Drug Enforcement Commission, the Anti-Financial and Economic Crimes Commission, the Police and Public Complaints Commission, and service as a constitutional office holder, service in other offices, as prescribed;“rights and freedoms” means the human rights and fundamental freedoms provided for in the Bill of Rights;“Republic” means the Republic of Zambia;“returning officer” means a person who is a returning officer for a parliamentary or local authority election and “Returning Officer” means the Chairperson of the Electoral Commission in a presidential election;“running mate” means a person who is selected by a presidential candidate to stand with the presidential candidate in a presidential election so that the person becomes the Vice-President if that presidential candidate is elected as President;“Second Deputy Speaker” means the person elected as Second Deputy Speaker in accordance with Article 82 (5);“Service Commission” means a commission established under Articles 218, 220, 222, 224, 225, 226, and 228;“session” means a period not exceeding twelve months, within the term of the National Assembly, of sittings of the National Assembly, which commence on the first day of sitting after a general election or prorogation of Parliament and ends with a prorogation or dissolution of Parliament;“sitting” means a meeting of the National Assembly, within a session, which concludes with an adjournment, and includes a parliamentary committee meeting;“Speaker” means the person elected Speaker of the National Assembly in accordance with Article 82 (1);“State institution” includes a ministry or department of the Government, a public office, agency, institution, statutory body, commission or company in which the Government or local authority has a controlling interest, other than a State organ;“State office” includes the office of President, Vice-President, Speaker, Deputy Speaker, Member of Parliament, Minister and Provincial Minister;“State officer” means a person holding or acting in a State office;“State organ” means the Executive, Legislature or Judiciary;“statutory instrument” means a proclamation, regulation, rule, by-law, order or other similar legal instrument made under a power conferred by this Constitution or an Act of Parliament;“subordinate court” means a court subordinate to the High Court;“sub-national” means an administrative division of government at provincial or district level;“sub-structure” includes a district, ward and village;“superior court” means the Supreme Court, Constitutional Court, Court of Appeal and High Court established in accordance with this Constitution;“Supreme Court” means the Supreme Court established in this Constitution;“tax” includes rates, levies, charges, tariffs, fees, tolls and duties;“term” means a period of five years commencing when the National Assembly first sits, after a general election, and ending when Parliament is dissolved;“Treasury” means the office, in the Ministry responsible for finance, which receives, keeps, receipts, manages and disburses public funds;“Vice-President-elect” means the person declared as having been duly elected as a Vice-President after a presidential election;“ward” means a unit into which a district is divided for purposes of electing councillors;“young person” means a person who has attained the age of fifteen years, but is below the age of nineteen years; and“youth” means a person who has attained the age of nineteen years, but is below the age of thirty-five years.[Article 266 added by section 8 of Act 2 of 2016]Article 267 – Interpretation of Constitution
Article 268 – Grammatical variation
In this Constitution, unless the context otherwise requires—Article 269 – Computation of time
For the purposes of this Constitution, in computing time, unless a contrary intention is expressed—Article 270 – Power to appoint includes power to remove
In this Constitution, unless a contrary intention is expressed, power to appoint a person to hold or act in an office includes the power to confirm appointments, to exercise disciplinary control over the person holding or acting in the office and to remove that person from office.[Article 270 added by section 8 of Act 2 of 2016]Article 271 – Implied power
In this Constitution, a power given to a person or an authority to do or enforce the doing of an act, includes the necessary and ancillary powers to enable that person or authority to do or enforce the doing of the act.[Article 271 added by section 8 of Act 2 of 2016]Article 272 – Legislation to give effect to Constitution
Parliament may enact legislation to give effect to an Article or a provision in this Constitution which—Article 273 – Power to make statutory instrument, resolution or direction
In this Constitution, a power conferred on a person or an authority to make a statutory instrument, a resolution or direction, includes the power to amend or revoke the statutory instrument, resolution or direction.[Article 273 added by section 8 of Act 2 of 2016]Article 274 – Time for performance of function
A function conferred in this Constitution may be performed as occasion requires.[Article 274 added by section 8 of Act 2 of 2016]Article 275 – Exercise of power between publication and commencement of Acts
Where an Article provides for a power exercisable by making a statutory instrument to—Annex (Article 147(2))
Functions of national, provincial and local levels of devolved government
[Annex inserted by section 8 of Act 2 of 2016]A – Exclusive national functions
ElectionsForeign and international affairsBudgetTaxation including customs and exciseAirports, other than district airportsCasinos, racing, gambling and wagering, excluding lotteries and sports poolsDisaster management and public emergencyNational parks, national botanical gardens and resourcesNational forestspassports and National RegistrationPrisonsRefugeesRegistration of Births and DeathsWildlifeWater resources managementEnergy and hydro electricityPetroleum and lubricantsPublic roadsDefence, security, maintenance of law and orderCitizenship and immigrationPublic enterprisesRegulation of commerce and manufacturingRoad traffic regulationLand, mines, minerals and natural resourcesCensus and statisticsTraditional leadershipNational archivesNational librariesNational museumsTertiary EducationB – Concurrent national and provincial functions
administration of justicelegal affairsAdministration of forestsAgricultureAnimal control and diseasesConsumer protectionCultural mattersCustomary lawEducation at all levels, excluding tertiary educationEnvironmental managementHealth servicesHousingIndustrial promotionLanguage policy and the regulation of official languagesNature conservationParliamentary Businesslegislative procedures and processessPollution controlPopulation developmentProperty transfer taxPublic procurementPublic transportPublic works only in respect of the needs of provincial administrationProvincial spatial planning and developmentSoil conservationTourism, trade and commerceUrban and rural developmentWelfare servicesIndustrial and labour relationsResettlementInvestmentTelecommunicationC – Local authorities exclusive functions
Pollution controlBuilding regulationsChild-care facilitiesElectricityFire fighting servicesLocal tourismDistrict airports, Aerodromes and AirshipsDistrict planningDistrict health servicesDistrict public transportDistrict public works only in respect of the needs of Districts in the discharge of councils responsibilities to administer functions specifically assigned to them under this Constitution or other lawLevies, tariffs and tollsPontoons, ferries, jetties, piers and harbours, excluding the regulation of international and national shipping and matters related theretoStorm water management systems in built-up areasTradingWater and sanitation services limited to potable water supply systems and domestic waste-water and sewage disposal systemsVeterinary services, excluding regulation of the veterinary professionVehicle licensingAbattoirsAmbulance servicesArchivesLibrariesLiquor licencingMuseumsLocal spatial planningCultural mattersRecreation and amenitiesSportRoads and traffic automation and maintenanceAmusement facilitiesBillboards and the display of advertisements in public placesCemeteries, funeral parlours and crematoriaLocal cleansingControl of public nuisancesControl of undertakings that sell liquor to the publicFacilities for the accommodation, care and burial of animalsFencing and fencesLicensing of dogsLicensing and control of undertakings that sell food to the publicLocal amenitiesLocal sport facilitiesMarketsLocal parks and recreationLocal roadsNoise pollutionPoundsPublic placesRefuse removal, refuse dumps and solid waste disposalStreet tradingStreet lightingTraffic and parkingGardens and landscapingHistory of this document
05 January 2016 this version
Amended by
Constitution of Zambia (Amendment) Act, 2016
31 August 2009
31 December 1996
Consolidation
Read this version
30 August 1991
Commenced
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