Simone Lawson
The Constitution of Zambia is the supreme law of the Republic of Zambia. It was formally adopted in 1991, replacing the 1964 Independence Constitution, and has since been amended several times, most recently in 2016. The Constitution outlines the structure of the government, the separation of powers, the roles of the executive, legislature, and judiciary, and guarantees fundamental human rights and freedoms. It defines the Republic as a sovereign, unitary, indivisible, multi-ethnic, multireligious, multi-party democratic state, with sovereignty residing in the people. The Constitution also covers various other topics, including the national symbols, sources of law, national values and principles, and the functions of constitutional offices.
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What You'll Learn
Structure of government and separation of powers
The Constitution of Zambia is the supreme law of the Republic of Zambia. It was formally adopted in 1991, replacing the 1964 Independence Constitution, and was later amended in 2009 and 2016. The Constitution is made up of a preamble and 20 parts that outline the structure of government, the separation of powers, and the roles of the executive, legislature, and judiciary.
The Zambian Constitution establishes a multi-party democratic state with sovereignty residing in the people. The people may exercise their power directly or through their elected representatives, including by referendum. The Constitution sets out the national symbols, sources of law, and national values and principles that guide the interpretation of the Constitution, law-making, and policy implementation.
The Constitution defines the roles and responsibilities of various constitutional offices and commissions, including the Electoral Commission of Zambia (ECZ), the Human Rights Commission, the Anti-Corruption Commission, and the Public Protector, among others. It also outlines the structure and independence of the Judiciary, including the Constitutional Court, the Supreme Court, the Court of Appeal, and subordinate courts.
The document details the process of legislative oversight of the executive, requiring the President to report annually to the National Assembly on the progress made in applying the values and principles specified in the Constitution. It also covers the roles of the legislature in areas such as public finance and budget, taxation, and defence and security services.
The Constitution further recognises the roles of chiefs and customary practices in the areas of land, environment, and natural resources, chieftaincy, and traditional affairs. It provides for the decentralisation of governance through provincial and local authorities and outlines the principles of devolved governance.
The separation of powers is evident in the distinct roles and responsibilities of the executive, legislature, and judiciary, with checks and balances in place to ensure accountability and good governance.
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The role of the executive, legislature, and judiciary
The Constitution of Zambia is the supreme law of the Republic of Zambia. It outlines the structure of the government, the separation of powers, and the roles of the executive, legislature, and judiciary, while also guaranteeing fundamental human rights and freedoms.
The Executive
The President of Zambia is the head of the executive branch and is responsible for the day-to-day administration of the government. The President is required to report annually to the National Assembly on progress in applying the national values and principles outlined in the Constitution, such as morality, ethics, patriotism, democracy, human dignity, equality, good governance, and sustainable development. The President's powers include assenting to or vetoing Bills passed by Parliament, issuing statutory instruments, and appointing certain public officers.
The Legislature
The National Assembly of Zambia is the legislative body and is responsible for making laws for the country. It consists of elected members who represent the people of Zambia. The legislature's powers include passing Bills, approving the national budget, and overseeing the work of the executive branch. It also plays a role in amending the Constitution, as any changes must be approved by Parliament and, in some cases, through a national referendum.
The Judiciary
The judiciary in Zambia is independent of the executive and legislative branches. It is responsible for interpreting and applying the laws and ensuring that they are consistent with the Constitution. The judiciary is made up of several courts, including the Constitutional Court, the Supreme Court, the Court of Appeal, and subordinate courts. The Constitutional Court is the highest court and has the power to declare laws or actions of the executive or legislature unconstitutional. The judiciary also protects the rights of accused persons in criminal proceedings, including the right to a fair trial, protection from ex post facto laws, and the prohibition of double jeopardy.
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Fundamental rights and freedoms
The Zambian Constitution, which was formally adopted in 1991 and later amended in 2009 and 2016, guarantees fundamental human rights and freedoms. These rights and freedoms are outlined in Part III of the Constitution, which is dedicated to protecting the fundamental rights and freedoms of individuals.
The Constitution recognises and declares that every person in Zambia is entitled to fundamental rights and freedoms, regardless of race, place of origin, political opinions, colour, creed, sex, or marital status. These rights include the right to life, liberty, security of the person, and protection of the law. It also guarantees freedom of opinion, thought, conscience, movement, assembly, association, and expression. The Constitution protects the privacy of individuals, including the privacy of their homes and property, and ensures that no one is deprived of their property without compensation.
In addition, the Constitution upholds the human rights and fundamental freedoms of every person, including the right to freedom of conscience, belief, or religion. It also confirms the equal worth of women and men and their right to participate in and shape a sustainable political, legal, economic, and social order. The Constitution further recognises and upholds Zambia's multi-ethnic, multi-racial, multi-religious, and multi-cultural character, as well as the right to manage the nation's affairs and resources sustainably in a devolved system of governance.
The Zambian Constitution also provides specific protections for children and young persons. It prohibits the employment of young people in occupations or jobs that could prejudice their health. It also protects them from exploitation and ensures that they are not subjected to any restriction on the rights and freedoms guaranteed by the Constitution.
Furthermore, the Constitution outlines principles for criminal proceedings, including protection from ex post facto laws and double jeopardy. It ensures that no person shall be punished for an act that was not a criminal offence at the time it was committed, and that no one shall be tried twice for the same offence.
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Electoral systems and functions of constitutional offices
The Zambian Constitution, formally adopted in 1991, outlines the structure of the government, the separation of powers, and the roles of the executive, legislature, and judiciary. It also defines electoral systems and the functions of constitutional offices.
Electoral Systems
Elections in Zambia are organised by the Electoral Commission of Zambia (ECZ), an independent public body. The voting age in the country is 18. Zambia's electoral system is designed to ensure that the winning candidate for president receives more than fifty percent of the valid votes cast. If no candidate achieves this in the initial ballot, a second election is held within thirty-seven days, and only the candidates with the highest and second-highest number of votes from the first round can participate. This system is also used for National Assembly, Mayoral/Council Chairperson, and Councillor elections.
Until 2015, the president was elected in a single round of voting by the first-past-the-post system. However, constitutional reforms in 2015 introduced a two-round system, which was first used in the 2016 elections.
Functions of Constitutional Offices
Parts IX–XIII of the Zambian Constitution outline the functions of constitutional offices and commissions. These include the Electoral Commission of Zambia (ECZ), the Human Rights Commission, the Anti-Corruption Commission, the Public Protector, and other service commissions. The Constitution also establishes the Legislature, specifying the composition and functions of the National Assembly, legislative procedures, and roles of Members of Parliament.
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Principles of governance
The Constitution of Zambia is the supreme law of the Republic of Zambia. It was formally adopted in 1991, replacing the 1964 Independence Constitution, and was later amended in 2009 and 2016. The Constitution defines the Republic as a sovereign, unitary, indivisible, multi-ethnic, multireligious, multi-party democratic state (Article 4), with sovereignty residing in the people (Article 5).
The principles of governance outlined in the Zambian Constitution include:
Part VI: Judiciary
This part of the Constitution covers the structure and independence of the Judiciary, including the Constitutional Court, Supreme Court, Court of Appeal, and subordinate courts. It establishes the judiciary as a separate and independent branch of the government, ensuring the rule of law and providing a system for interpreting and enforcing the Constitution.
Part VII: General Principles of Devolved Governance
This part introduces decentralisation through provincial and local authorities, transferring power and decision-making responsibilities from the central government to regional and local levels. This allows for more responsive and tailored governance, taking into account local needs and priorities.
Parts IX–XIII: Constitutional Offices and Commissions
These sections outline the roles and functions of various constitutional offices and commissions, such as the Electoral Commission of Zambia (ECZ), Human Rights Commission, Anti-Corruption Commission, and Public Protector. These bodies are responsible for overseeing elections, protecting human rights, combating corruption, and ensuring good governance.
Part XIV: Public Service
This part addresses the appointment, discipline, and terms of public officers, including the principles of meritocracy, transparency, and accountability in the public service. It also covers the rights and obligations of public servants, as well as the relationship between the public service and other branches of government.
Part XV: Defence and Security Services
This part of the Constitution covers the Zambia Army, Air Force, Police, and intelligence services. It outlines their roles, responsibilities, and limitations, ensuring that defence and security services act in the interests of national security and the protection of citizens' rights.
The Constitution also includes provisions for the protection of fundamental human rights and freedoms, the separation of powers between different branches of government, and the guarantee of national symbols and values.
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Frequently asked questions
The Constitution of Zambia is the supreme law of the Republic of Zambia. It was formally adopted in 1991, replacing the 1964 Independence Constitution, and was later amended in 2009 and 2016.
The Zambian Constitution is made up of 20 parts that outline the structure of the government, the separation of powers, and the roles of the executive, legislature, and judiciary. It also guarantees fundamental human rights and freedoms, defines electoral systems, and outlines the functions of constitutional offices and the process of constitutional amendment.
The Zambian Constitution defines the Republic as a sovereign, unitary, indivisible, multi-ethnic, multireligious, multi-party democratic state. It also outlines national values and principles, including morality and ethics, patriotism, democracy, human dignity, equality, good governance, and sustainable development. These principles guide the interpretation of the Constitution, the making and interpretation of laws, and the implementation of state policy.
The Zambian Constitution can be amended through a process that requires parliamentary approval and, in some cases, a national referendum. The latest amendment was made in 2016.
