President edgar lungu has unveiled the longawaited peopledriven republican constitution as he promised. Observers have pointed out that zambias numerous attempts to draft a lasting constitution has been elusive largely due to lack of constitutional legitimacy for. It then turns to a detailed discussion of the work of the constitutional assembly in drafting and adopting the final constitution, and the extensive and from a comparative perspective pathbreaking public consultation process undertaken by. A new constitution for zambia must provide important safeguards to ensure public. Technical committee on drafting the zambian constitution 2011.
The chona commission was appointed in 1972 to consider and recommend changes to the constitution of the republic and that of unip that were necessary to bring about a. Constitution is the supreme law of zambia and that if any other law is inconsistent with it, that other law shall, to the extent of the inconsistency, be void. Enacted by the king and the parliament of swaziland. The government has now published the draft constitution of zambia after persistent demands by civil society and other members of public. This is why it is called the constitution of zambia amendment act of 2016. In many respects, the 1963 colonial constitution became a model for its zambian successors. Constitution of zambia preamble as amended by act no. The truncation of the constitutiondrafting process precluded the real possibility that the confidence of sunni arab iraqis might have. On may 8, 1996, the constitutional assembly completed two years of work on a draft of a final constitution, intended to replace the interim constitution of 1993 by the year 1999.
The northern rhodesia independence conference took place at marlborough house in london from 5 may, 1964 to 19 may 1964 and was chaired by the secretary of state for commonwealth relations and the colonies mr. The constitution of zambia act, 1991 and the constitution in the schedule to that act, are repealed in so far as they form part of the laws of zambia. Zambia s constitution of 1991 with amendments through 2016. Tanzania united republic ofs constitution of 1977 with. Constitution of zambia 1996 ace electoral knowledge. Stanford libraries official online search tool for books, media, journals, databases, government documents and more. The chairperson of the technical committee on drafting the zambian constitution tcdzc, justice annel silungwe, sc will today launch the period for public consultations on the contents of the. Ministry of justice release of the draft constitution. I wrote about the history of our constitution from 1924.
The south african constitution was drafted in terms of chapter 5 of the interim constitution act 200 of 1993. Download the zambian constitution 2016 pdf document. African countries have been in the process of drafting constitutions and some. Under clause 118 2 of the constitution, in exercising judicial authority, the courts shall be guided by the following principles. This is the fifth and final part of the history of the zambian constitution. Botswanas constitution of 1966 with amendments through. Laws of zambia part iii national values, principles and. Leading the delegation was mr musa mwenye, minister of justice of zambia, who highlighted the important constitutional reform process that the state is going through. This act may be cited as the constitution of zambia. Please note that the constitution is not necessarily a new constitution but is an amendment of the 1991 constitution. The constitution of zambia was formally adopted in 1991 and amended in 2009 and last amended in 2016 references. The drafting of the constitution of swaziland, 2005 thulani maseko attorney of the courts of swaziland summary swaziland gained independence from the united kingdom on 6 september 1968, under a written, westminstertype constitution the independence constitution. This constitution was unlawfully repealed by his majesty.
Botswanas constitution of 1966 with amendments through 2005. This act may be cited as the constitution of zambia act, 2016. The constitution is amended by the repeal of the preamble. Zambian leader edgar lungu signed into law constitutional changes setting new rules for general elections on aug. The final drafting and acceptance of the constitution. Constitutional development in zambia can be traced back to the british colonial times, especially from the beginning of the 1950s. What is clear is that we are not going to have a new constitution before 2016 because the time has run out. An account of the process of drafting nepals new democratic constitution, which was finally promulgated in november 1990, with an analysis of its content and of the roles played by various actors. Review of the draft constitution for the republic of zambia july 11, 2012 muna ndulo professor of law, cornell university law school director, cornell institute for african development honorary professor of law, cape town university extra ordinary professor of law, free state university, south africa 1. Alteration of constitution part v summoning, prorogation and dissolution 90.
The constitution of the united states preamble we the people of the united states, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do. The drafting of the constitution of swaziland, 2005. History of zambian constitutionpart v zambia daily nation. National flag of the republic of zambia including white the emblem of 5 faz is a fish eagle standing on a football. The 264 page document was leaked the night of wednesday, january 14, 2014 and has since gone viral with members of the public whom president sata did not want to give the document at least for now accessing it. The technical committee drafting the zambian constitution has disclosed that the soft copy of both the draft constitution and the report of the technical committee are kept at the ministry of. The university of zambia law association, co school of law, the university of zambia, great east road campus, p. Distribute copies and engage students with page one of.
Republic of zambia first draft constitution of the republic of zambia 30 the secretariat technical committee on drafting the zambian constitution government complex conference centre p. Download zambias new constitution as amended elias. The quest for a people driven constitution in zambia constitutionnet. The abbreviation of 6 the football association of zambia is faz. Subject to this act, the constitution shall come into operation on the date of assent by the president. Votes of twothirds of the assembly chapter vi the judicature part i the high court 95. It is a promise he made to the zambian people on january 24, 2015, when he was sworn in as zambias sixth head of state and he returned to. Ministry of justice release of the draft constitution national.
Sittings of national assembly part vi interpretation 94. Zambia has been engaged in several efforts to try and develop a new constitution in the context of both demands for a more democratic constitution and the need to rebuild. Thirdly, the paper outlines the normative roles that the media can play in zambia. I would therefore like to refresh the minds of the readers of what has been written in the previous four parts. The overall conclusion is that while the media operate in a tangled web of regulatory restrictions, there is. Creating the birth certificate of a new south africa. By virtue of being supreme, the constitution sits at the top of the hierarchy of zambias material laws. Politically and constitutionally, zambia achieved a first in 1964 by becoming the first country in anglophone subsahara africa, to attain independence as a republic within the british commonwealth.
The judiciary of zambia is an independent arm of the government. 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. Mandela visited the anc committee entrusted with drafting a proposed constitution for. This act may be cited as the constitution of zambia amendment act, 2019, 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. Zambias constitution of 1991 with amendments through. Constitution of zambia amendment national assembly of zambia. History of zambian constitution zambia daily nation. During the interactive dialogue, many states applauded zambias initiative to improve human rights and the balance of power. Continuous effect of constitution part ii sovereignty 4. Determined to uphold and exercise our inherent and inviolable right as a people to decide, appoint and.
An act to provide for the constitution of the kingdom of swaziland, 2005. Perhaps the most important difference, however, is that in. Zambian constitution info page download the zambia constitution oct 2014, 2nd draft pdf file, 1. 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.
Struggle for a legitimate and democratic constitution in zambia. There is a striking degree of continuity between the last constitution of northern rhodesia and the constitutions of independent zambia. Zambias constitution of 1991 with amendments through 2016. Constitution of zambia, in this act referred to as the constitution. 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. By the zambian editor on january 5, 2016 in politics and government. Examination of the content of zambias draft constitution and its. Review of the draft constitution for the republic of zambia. 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. Approaches to developing a new constitution for zambia muna ndulo cornell university and chaloka beyani london school of economics and political science i. Republic of zambia first draft report of the technical committee on drafting the zambian constitution the secretariat technical committee on drafting the zambian constitution government complex conference centre kamwala lusaka june, 2012.
251 1192 1015 1428 651 206 848 1416 104 241 192 478 1167 774 1048 777 638 834 1072 837 212 1450 364 1355 1350 1045 18 762 1064 1389 673 937 510 1205 1355 208 853 361 991 1358 125