Simone Lawson
The Zambian Constitution was first adopted in 1991, replacing the 1964 Independence Constitution. It has since undergone several amendments, with the most recent revision taking place in 2016. This latest amendment was signed by President Edgar Lungu on January 5, 2016. The constitution outlines the structure of the government, separation of powers, and guarantees fundamental human rights and freedoms. It also defines electoral systems and the functions of constitutional offices. The process of amending the Zambian Constitution has been a topic of discussion, with various proposals and plans presented by different stakeholders, including President Mwanawasa's 14-step roadmap for constitutional change in 2006 and the establishment of the National Constitutional Conference (NCC) to draft a new constitution in 2007.
| Characteristics | Values |
|---|---|
| Year of the last amendment | 2016 |
| Date of the last amendment | 5 January 2016 |
| President who signed the last amendment | Edgar Lungu |
| Previous amendment | 1996 |
| Year of formal adoption | 1991 |
| President under whose presidency the constitution was formally adopted | Kenneth Kaunda |
| Previous constitution | 1964 Independence constitution |
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What You'll Learn
The 1991 Constitution of Zambia
Zambia's Constitution of 1991, which replaced the 1964 Independence Constitution, was formally adopted under the presidency of Kenneth Kaunda. It was later amended in 2009 and 2016. The 2016 amendment was signed by President Edgar Lungu on 5 January 2016.
Part II (Articles 8–10) of the 1991 Constitution sets out Zambia's national values and principles, including morality and ethics, patriotism, democracy, human dignity, equality, good governance, and sustainable development (Article 8). These principles guide the interpretation of the Constitution, the making and interpretation of laws, and the implementation of state policy. The President is required to report annually to the National Assembly on progress in applying these values (Article 9). Article 10 establishes the basis of economic policy, requiring the government to promote a self-reliant economic environment, support citizen economic empowerment, and encourage both local and foreign investment.
Parts IX–XIII of the 1991 Constitution contain information about constitutional offices and commissions, such as the Electoral Commission of Zambia (ECZ), the Human Rights Commission, the Anti-Corruption Commission, and the Public Protector, among others. Part XIV outlines the Public Service, including appointments, discipline, and terms of public officers, while Part XV addresses the Defence and Security services, including the Zambia Army, Air Force, Police, and intelligence services.
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Amendments in 2009 and 2016
The Zambian Constitution, first adopted in 1991, was amended in 2009 and again in 2016. The 2009 amendment states that the Constitution is the supreme law of Zambia, and any other law inconsistent with it is void. It also asserts that the official language of Zambia is English.
In terms of citizenship, the 2009 amendment states that anyone who was a Zambian citizen before the commencement of the Constitution will remain a citizen after it takes effect. A person who was entitled to Zambian citizenship before the Constitution came into force will become a citizen once they have fulfilled the necessary conditions. Additionally, individuals born inside or outside Zambia after the commencement of the Constitution will become citizens at birth if at least one parent is a Zambian citizen. Furthermore, those who have resided in Zambia continuously for at least ten years can apply to the Citizenship Board to be registered as citizens.
The 2009 amendment also addresses legal representation and witness expenses in court proceedings. It ensures that no law shall prohibit legal representation before a subordinate court in proceedings under Zambian customary law. Regarding witness expenses, the law imposes reasonable conditions that must be met for witnesses called to testify on behalf of an accused person to have their expenses covered by public funds.
The Constitution was further amended in 2016, with the latest changes signed by President Edgar Lungu on January 5, 2016. This amendment builds upon the previous one by outlining 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.
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Zambia's fifth constitutional review
Zambia's constitution, the supreme law of the Republic of Zambia, was formally adopted in 1991 by the National Assembly of Zambia, replacing the 1964 Independence constitution. It was later amended in 2009 and then again in 2016.
In 2006, President Mwanawasa presented a 14-step roadmap for Zambia's fifth constitutional review process, which was expected to take 5 years. This was justified by the argument that, under the current constitution, only parliament was empowered to adopt a new constitution. Thus, the existing constitution would have to be amended to provide for an alternative method, such as an agreed-upon constituent assembly. This alternative method would have to be decided by a national referendum, which would be preceded by a national census to determine the number of eligible voters.
Civil society groups accused the government of bad faith and a lack of political will, presenting their own 71-week roadmap in April 2007. They argued that there was no need to consider the old rules for establishing a new constitution. This resulted in a deadlock between the government and civil society, which was only resolved in June 2007 when a compromise plan was brokered by political parties under the Zambian Centre for Interparty Dialogue (ZCID). The plan emphasised the need for a popular body to be established to adopt a new constitution or amend the existing one, but this body would not have legislative powers to prevent legal difficulties.
This proposed body, the National Constitutional Conference (NCC), would be tasked with drafting a new constitution that would then be enacted by parliament and presented to Zambian citizens in a referendum. In July 2007, the NCC Bill was presented by the Minister of Justice to stakeholders, and by August the NCC was mandated to draft a new constitution. The NCC's work is still ongoing, with 11 committees reviewing the relevant sections of the Mung’omba draft and making recommendations.
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The National Constitutional Conference
Zambia's constitution-building history can be divided into post-independence and post-Cold War periods. The Constitution of Zambia, formally adopted in 1991, is the supreme law of the Republic of Zambia. It replaced the 1964 Independence Constitution and was later amended in 2009 and 2016.
In December 2006, President Mwanawasa presented a 14-step roadmap for constitutional change, which was to be implemented over 5 years. This plan was met with criticism from civil society, who accused the government of bad faith and a lack of political will. A compromise was reached in June 2007, when both parties agreed to a plan that emphasised the need for a popular body to adopt a new constitution or amend the existing one. This body was to be called the National Constitutional Conference (NCC).
The NCC Bill was presented by the Minister of Justice in July 2007 and was adopted in August of the same year, mandating the NCC to draft a new Zambian Constitution. The NCC does not have legislative powers, and its work is still ongoing. It consists of 11 committees that are tasked with reviewing the relevant sections of the Mung'omba draft and making recommendations. These recommendations become binding when adopted by plenary. There are also three technical committees. When its work is concluded, the NCC can submit the entire draft constitution for submission to a national referendum, submit the draft to the National Assembly for enactment (if it does not contain any provisions to the Bill of Rights), or submit parts of the draft to a national referendum and others to the National Assembly for enactment.
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Zambian Centre for Interparty Dialogue
The Zambian Constitution, formally adopted in 1991, was last amended on 5 January 2016. The Zambia Centre for Interparty Dialogue (ZCID) has acknowledged the need for constitutional reforms, recognising their role in strengthening democracy, governance, and national unity. ZCID has urged caution, however, calling for further consultation to ensure that the reform process is inclusive, well-structured, and carefully considered. With the 2026 general elections approaching, rushed constitutional amendments could create instability and legal uncertainties.
ZCID has played a role in facilitating dialogue and fostering consensus among political parties on critical reforms. In March 2024, ZCID, led by Board Chairperson Ambassador Joyce Musenge, engaged in discussions with President Hakainde Hichilema. These discussions addressed key areas, including electoral reforms, the political parties bill, constitutional review, and the delimitation process, with an emphasis on increasing the participation of women, youth, and persons with disabilities in governance.
In June 2018, ZCID convened a two-day meeting of major political parties, which resulted in the adoption of several resolutions concerning potential constitutional, institutional, and electoral reforms, known as the "Siavonga Resolutions". These resolutions included the separation of powers, judicial independence, freedom of assembly, and the integrity of the electoral process.
ZCID has urged that the reform process be timed appropriately to promote national unity and avoid political tensions. They have called for a temporary halt to allow for deeper consultations and ensure that reforms are carefully crafted for Zambia's long-term stability and democratic growth. ZCID views constitutional reform as establishing a lasting, inclusive system that embodies the aspirations of all Zambians.
The Zambian government's proposed constitutional amendments have faced criticism for lacking inclusivity and popular engagement. There are concerns that the reforms could lead to constitutional regression and undermine democratic gains.
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Frequently asked questions
The Constitution of Zambia was first adopted in 1991 by the National Assembly of Zambia, under the presidency of Kenneth Kaunda.
The Constitution of Zambia was last amended on 5 January 2016, signed by President Edgar Lungu.
The process of amending the constitution of Zambia involves the following steps:
- The National Constitutional Conference (NCC) drafts a new constitution or amends the existing one.
- The NCC's draft is then enacted by parliament.
- The draft is then presented to Zambian citizens in a referendum.
- The final step is the implementation of the amended Constitution, guided by transitional provisions.
