The constitution is amended by the repeal of articles 101, 102, 103 and 104 and the substitution. Constitution of zambia amendment 2016act no 2 as you can see from the title and provisions, this is not a new constitution. Here is the amended constitution signed by edgar lungu on january 5, 2016. Constitution of zambia amendment bill plots against the. This constitution shall bind all persons in the republic of zambia and all legislative, executive and judicial organs of the state at all levels. Constitution as amended or otherwise for giving effect or enabling effect to be given to those provisions. Zambias parliament has approved a motion to amend the recently amended constitution with resounding numbers. 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. The constitution is amended by the repeal of the preamble and the substitution therefor of the following. This amended constitution is a trap for the opposition. The constitution of zambia amendment bill, 2019 the. The convention was attended by over 257 participants from a crosssection of the zambian population.
Please download the pdf in attachment directly above. Constitution of zambia, constitution of zambia 1996, constitution of zambia 1996 act, zambian constitution, zambian constitution 1996, zambian constitution 1996 act about the zambian editor im the curator of all things on the zambian. The 2019 constitution of zambia amendment bill should be. For me and many zambians, the zambian constitution amendment. The constitution of zambia act, 1991 and the constitution in the schedule to that act, are repealed in so far as they form part of the laws of zambia. Training manual regulating the zambian construction industry. Jan 29, 2016 the 1991 constitution, as amended by act 18 of 1996, therefore remained in place leaving a general sense of dissatisfaction not only on the part of government but also on the part of civil society, the general public and the opposition political parties, who increasingly called for a fully people driven process as the only route to a legitimate. Please note that the constitution is not necessarily a new constitution but is an amendment of the 1991 constitution. This is just an act of parliament that has made amendments changes to the 1991 constitution. The constitution is amended bythe repeal of the preamble.
A referendum is when citizens are requested to vote in deciding whether to accept or reject a particular proposal or the constitution. Constitution of the republic of zambia 1991, as amended to. Download zambias new constitution as amended elias. Constitution of zambia amendment national assembly of zambia. On this page you can read or download zambian constitution 2018 pdf in pdf format. Provisions with respect to amendment to constitution. Child marriage, the marriage of a person below the age of 18. The constitutional amendments were adopted without the participation of the major opposition party in parliament, unip, whose members walked out of parliament in protest at the. Preamble we the members of the zambia library association zla met at, the 2012 annual general meeting at wasawange lodge, livingstone determined to form a consolidated. If you dont see any interesting for you, use our search form on bottom v. History of zambian constitutionpart v zambia daily nation. Amended constitution of the zambia library association this amended constitution of 2012 supersedes the one that was amended and adopted at the general assembly of 2002. The 1991 constitution, as amended by act 18 of 1996, therefore remained in place leaving a general sense of dissatisfaction not only on the part of government but also on the part of civil society, the general public and the opposition political parties, who increasingly called for a fully people driven process as the only route to a legitimate. Zambian context, leaving it open to be interpreted in a manner that could serve the interests of any ruling party, and leaving the voter in a position of uncertainty.
He indicated that one such positive stride was made with the creation of the technical committee on drafting the zambian constitution tcdzc in november 2011. The university of zambia law association, co school of law, the university of zambia, great east road campus, p. Act, 2015, and shall be read as one with the constitution of zambia, in this act referred to as the constitution. Article 63 2 of the constitution is amended by the deletion of paragraphs d and e. To ensure that customary marriage law is consistent with the constitution, there is a. Zambias constitution of 1991 with amendments through 2016. The constitution of zambia act, 1996 by the zambian for. Constitution of zambia amendment act, 2015 5 january. This act may be cited as the constitution of zambia amendment no. According to the 2014 zdhs, child marriage affects more girls than boys child marriage in zambia. Parliament approves motion to amend constitution zambia. Jan 08, 2016 constitution of zambia amendment act, no.
Download pdf constitution of zambia amendment act, 2015 5 january 2016 download pdf constitution of zambia amendment act, 2015 5 january 2016. Constitution of zambia amendment act, 2015 5 january 2016. 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. 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. The constitution is amended by the repeal of part iv and the substitution therefor of the following part. An act or omission that contravenes this constitution is illegal. Nov 24, 2015 on this page you can read or download zambian constitution 2018 pdf in pdf format.
Some of the provisions, such as the ones relating to pensions article 187, natural resources, article 253 and environmental protection article 255 do not belong to a constitution and are better dealt with in ordinary legislation. 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. Amendment of constitution of zambia act, 1991, and. As the constitution currently stands, therefore, the state is expected to consider these rights. Zambias amended constitution was not people driven law. This constitution shall bind all persons in zambia, state organs and state institutions. Two constitutional law experts have observed that the proposed constitution amendment bill number 10 of 2019 is illegal. A referendum is when citizens are requested to vote in deciding whether to accept or reject a particular proposal or. A number of commentators have criticised this part of the preamble of the draft constitution and pushed for two alternative options. Article 7d of the amended constitution recognises customary law as long as it is consistent with 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. Jul 10, 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.
Usbased law professor muna ndulo and locally based constitutional lawyer john sangwa featured on a public discussion at southern sun hotel in lusaka. Constitution of zambia preamble as amended by act no. The constitution is amended by the repeal of the preamble. This clearly means zambian citizens cannot go to a law court and sue the government on the grounds that their right to education, for example, has been denied. Its constitution building history can be divided into post independence and post cold war periods. Comments on the constitution of zambia amendment bill, 2019. 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. This complete constitution has been generated from excerpts of texts from the repository of the. Aug 11, 2019 two constitutional law experts have observed that the proposed constitution amendment bill number 10 of 2019 is illegal. The government has published the constitution of zambia amendment bill 2015 which will take forward the enactment of specific clauses which are not subject to the referendum. Jan 05, 2016 there is no html version of this legislation yet. This constitution is the supreme law of the republic of. The bank of zambia is aware of numerous social media reports suggesting that the.
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. Nov 27, 2015 on this page you can read or download zambian constitution 2016 pdf download in pdf format. The constitution of zambia amendment bill, 2019 has been published as bill 10. The implications of the amended constitution and judiciary in. Aug 12, 2015 the government has published the constitution of zambia amendment bill 2015 which will take forward the enactment of specific clauses which are not subject to the referendum. In todays final part of our constitutional history, i will enumerate the events that have taken place regarding the zambian constitution since 1964.
The constitution of zambia amendment act, 2016 act no. This is why it is called the constitution of zambia amendment act of 2016. The law forbade the amendment of any part of the constitution without going through a referendum. Bill to amend constitution to enhance the bill of rights june 2016 download pdf bill to amend the constitution of zambia to enhance bill of rights, to be submitted to a referendum in 2016. The implications of the amended constitution and judiciary. Constitution of zambia amendment act, 2015 5 january 2016 download pdf constitution of zambia amendment act, 2015 5 january 2016. The zambia independence constitution was protected by a referendum clause.
Jan 09, 2016 here is the amended constitution signed by edgar lungu on january 5, 2016. And civil rights activist brebner changala has praised president edger lungu. Constitution of the republic of zambia 1991, as amended to 2009. 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. Determined to uphold and exercise our inherent and inviolable right as a people to decide, appoint and.
For me and many zambians, the zambian constitution amendment bill, 2019 is a personal matter by elias munshya llm, mba, m. Zambias constitution of 1991 with amendments through. Zambia has a constitution conflict between the concourt. 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. This amended constitution will ensure that the ruling party will continue to rule beyond the next election if the election result is in doubt and it has to be decided by the judiciary. The product of the tcdzc was the 2016 amended constitution, which was assented to on 5 january 2016, kabanda said. Subject to this act, the constitution shall come into operation on the date of assent by the president. 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. We, the people of zambia by our representatives, assembled in our. To say that bill 10 has significant problems is an understatement.
The constitution of zambia was formally adopted in 1991 and amended in 2009 and last amended in 2016 references. The constitution of zambia act, 1996 by the zambian for zambia. Constitution of zambia, 1996 by the zambian for zambia. Although child marriage has declined by 25% from 41. 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. Constitutional development in zambia can be traced back to the british colonial times, especially from the beginning of the 1950s. Constitution in the schedule to that act, are repealed in so far as they form part of the laws of zambia. This constitution is the supreme law of zambia and if any other law is inconsistent with this constitution that other law shall, to the extent of the inconsistency, be void. Constitution of zambia amendment act, 2015 5 january 2016 get the latest. For me and many zambians, the zambian constitution.
On this page you can read or download zambian constitution 2016 pdf download in pdf format. The private member motion moved by mwansabombwe member of parliament rodgers mwewa received massive support with 91 lawmakers voting yes while 52, predominately upnd, rejected the proposal with a no vote. Jul 23, 2019 for me and many zambians, the zambian constitution amendment bill, 2019 is a personal matter by elias munshya llm, mba, m. Very soon, it will be presented to the parliament of zambia for debate, consideration, and possible enactment. Jan 01, 2011 a number of commentators have criticised this part of the preamble of the draft constitution and pushed for two alternative options. That constitution was amended in 1969 following a national referendum to end all referenda. Mar 16, 2016 this amended constitution is a trap for the opposition. Amendment of constitution of zambia act, 1991, and schedule thereto 4. Comparative constitutions project, and distributed on. The constitution is amended by the repeal of parts i and ii i s upremacy f c n, customary law and customary is void to the extent 1.
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