The mvunga commissions draft constitution was enacted in august 1991. Zambian constitution info page download the zambia constitution oct 2014, 2nd draft pdf file, 1. The expenses of drafting and introducing a bill in the national assembly shall be. Commission presented its final report which resulted in the transformation of zambia. Constitutional reform processes and political parties nimd. The first and final drafts constitution of the republic of zambia. Zambias constitution of 1991 with amendments through. In august of 2010 the national constitutional conference presented its final report. Review of the draft constitution for the republic of zambia. This act may be cited as the constitution of zambia act, 200. Constitutionmaking in southern africa freedom house.
Technical committee drafting the zambian constitution was mandated to. Zambia makes progress on draft constitution zambia reports. According to article 107 clause one in the draft constitution, there shall be a vicepresident for the republic of zambia who shall be elected as a running mate to a presidential. Zambian constitution info page zambia, africa at zambian. Article 34 of the 1996 zambian constitution provides that anyone who wishes to contest the office of president of zambia has to prove that both parents were zambian citizens by birth or descent. Government has finally released the long awaited final draft constitution. Constitution of zambia preamble as amended by act no. It aims to please everyone rather than offer an intellectually sound position.
To download the pdf file of this publication or other publications, please visit. The quest for a people driven constitution in zambia constitutionnet. A draft constitution for zambia released last month by a governmentappointed technical committee has drawn criticism from an eminent lawyer because of insufficient debate and the absence of. Not surprisingly, the document proclaims zambia a christian nation, but qualifies this by upholding a persons right to freedom of conscience, belief or religion. National flag of the republic of zambia including white the emblem of 5 faz is a fish eagle standing on a football. Ministry of justice release of the draft constitution national. He said the consultation period on the draft constitution would last for 40 days. Hitherto, successive zambian governments had exercised a selective acceptance of constitution recommendations through the white paper, thereby defying popular sovereignty and. Constitution of zambia 1996 ace electoral knowledge. 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. History of zambian constitutionpart v zambia daily nation. The current zambian constitution clearly states that similar provisions are not justiciable. An analysis of the copac final draft constitution of 1. 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.
The abbreviation of 6 the football association of zambia is faz. I participated in the printing and distribution of the final document and we worked with the foundation for democratic process to distribute the draft to all the districts in zambia. History of zambian constitution zambia daily nation. What transpired in parliament during the second reading of the bill, which took place on 10 december 2015 however brought major changes. Adequate checks and balances are an important aspect of. In the light of the foregoing, the section of the independence constitution corresponding to section 15 of the present constitution would be suitably amended to make it clear that its provisions did not extend to draft legislation. Zambias final draft constitution released lusaka voice. Kaunda, a zambian citizen, from contesting the elections having been duly nominated by unip, a legitimate political party. Draft constitution online national assembly of zambia pdf of draft doc. Subject to this act, the constitution shall come into operation on the date of assent by the president. Designing a process around intervening national elections is a choice worthy of note, in particular in how it provides democratic upstream and downstream constraints on the constitutionmaking process. Constitution of zambia act, 1991 and the constitution in the schedule to that act.
The final draft has some positive provisions for persons with disabilities. The final draft constitution, as leaked, has taken a position on some of the debates which raged during the constitutionmaking process. A final draft was released in october 2014 but is still not adopted and reports indicate that it may still be debated. General provisions article 1 name, headquarters, legal form 1 faz is a legal entity, registered under the national sports council act, chapter 142 of the laws of zambia with perpetual.
Final draft constitution will not be doctoredmalila. The south african constitutional court sits as the final arbiter in. First impression is that there are certainly some interesting additions, but overall this looks to be a popular but not well thought through draft. There have been varying voices on the document with some sections of society expressing doubt while others have embraced the process with confidence. The 1996 constitution provides for an executive president, who is head of state and commanderinchief of the armed forces.
Drafting the zambian constitution tcdzc for releasing the final draft document to the public. Zambias constitutionmaking exercise initiated in 2011 is at a critical crossroads because of ambiguities over the modes of validating the draft document, and eventually adopting and. Technical committee on drafting the zambian constitution 2011. What is clear is that we are not going to have a new constitution before 2016 because the time has run out. Zambias draft constitution fails scrutiny the mail. A person with disability is entitled to the right to. 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. An analysis of the copac final draft constitution of 1 february 20 c reserved, zimbabwe lawyers for human rights, february 20 citizenship and immigration board appointed by president with power to grant or revoke citizenship by registration, more functions can be specified in law passed by parliament. The president is limited to a maximum of two fiveyear terms.
In the final draft, the only exception given for the deprivation for life is a capital offence the sentence of which is death. He said the draft constitution has incorporated social, economic,cultural,religious and environmental rights. The implications of zambias draft constitution for. The release of the all vital document is seen as a jubilee gift to the zambian people as the nation celebrates its 50th independence anniversary. Ecuador, ghana, kenya, malawi, tanzania, zambia and zimbabwe. Keeping to this promise, president sata appointed a technical committee to draft a new constitution on 16. Zambian leader edgar lungu signed into law constitutional changes setting new rules for general elections on aug. 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. The government has now published the draft constitution of zambia after persistent demands by civil society and other members of public. Zambia draft constitution of the republic of zambia. Download zambias new constitution as amended elias.
The draft constitution was praised by all stakeholders and zambians hoped that they would at last get a constitution that would last the test of time. Zambian draft constitution for android apk download. One of president satas promises in the runup to his election in 2011 was the adopt. The tcdzc final draft constitution now renamed the constitution amendment bill of 2015 was presented to parliament in late 2015 unchanged, other than to exclude entrenched provisions subject to a referendum. The first draft of the constitution was made public on the 30th of april 2012 for the purposes of allowing 40 days for public consultations. On the 15th of january 2014 the zambian watchdog and lusaka times released a leaked copy of the final draft constitution which was reportedly handed to president sata.
Constitution of the united states of america bill of. Guiding principles for this final phase specifically aim to promote. Government of zambia act national assembly of zambia. In this constitution, unless the context indicates otherwise, a word or expression to which a meaning is attached in the cooperatives act, 2005. On the 15 th of january 2014 the zambian watchdog and lusaka times released a leaked copy of the final draft constitution which was reportedly handed to president sata one of president satas promises in the runup to his election in 2011 was the adoption of a new constitution. A guiding question for each lesson is included below each section. Determined to uphold and exercise our inherent and inviolable right as a people to decide, appoint and. Approaches to developing a new constitution for zambia muna ndulo cornell university. Resources guide explore the links in the text of the constitution below to discover a variety of relevant, classroom ready, lessons and activities from the bill of rights institute. They are a reminder of salient issues advocated for, and positions taken for the betterment of the future zambian constitution. The final draft constitution cannot be a consensus document pf miyandas final say before the president assents to the draft constitution president lungu has not taken any position on the. Comparative constitutions project, and distributed on. Laws of zambia part iii national values, principles and. 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.
This is the constitution of a business undertaking formed as a primary cooperative with limited liability in terms of the provisions of the co operatives act, 2005 act 14 of 2005. To this effect, the minimum standards will assist in checking the anticipated final draft of the constitution and the extent to which it would have integrated these issues. The constitution contains what are termed national values. However, it is unfortunate that the articles in the draft constitution exemplify the extent to which the president can dominate affairs of the state and government. The first draft constitution of zambia has been released for a 40 day consultation. The most controversial of the recommendations of the draft report of the national constitutional. Constitution in the schedule to that act, are repealed in so far as they form part of the laws of zambia. The constitution of zambia was formally adopted in 1991 and amended in 2009 and last amended in 2016 references. In the draft it is stated that the constitutional rights do not apply to those that are repugnant to the morals and values of the people of zambia and also states that everybody. Muna ndulo the executive the presidency is by definition a dominant feature of a presidential system of government. Constitution amendment act 2016 national assembly of zambia. Constitution drafting assembly cda, to draft a new constitution for libya.
The draft constitution that came out of the process sought to amend parts of the. Acting justice minister ngosa simbyakula announced this in parliament saying the launch of the final draft. The constitution establishes the mandate of a government by defining the basic principles to which a society must conform. Prospective zambian members of the committee of experts should be scrutinized and. There is no clause in the constitution that states that. Deliberation on constitutional content and its actual drafting are at the core of the entire.
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