Constitution of Zambia (Amendment) [No. 2 of 2016 9 GOVERNMENT OF ZAMBIA ACT No. 2 of 2016 Date of Assent: 5th January, 2016 An Act to amend the Constitution of Zambia. [ 5th January, 2016 ENACTED by the Parliament of Zambia. Enactment 1. This Act may be cited as the Constitution of Zambia Short title (Amendment) Act, 2016, and shall be read as one with the Constitution of Zambia, in this Act referred to as the Constitution. Cap. 1 2. The Constitution is amended by the repeal of the Preamble Repeal and and the substitution therefor of the following: replacement of Preamble PREAMBLE WE, THE PEOPLE OF ZAMBIA: ACKNOWLEDGE the supremacy of God Almighty; DECLARE the Republic a Christian Nation while upholding a person’s right to freedom of conscience, belief or religion; UPHOLD the human rights and fundamental freedoms of every person; COMMIT ourselves to upholding the principles of democracy and good governance; RESOLVE to ensure that our values relating to family, morality, patriotism and justice are maintained and all functions of the State are performed in our common interest; CONFIRM the equal worth of women and men and their right to freely participate in, determine and build a sustainable political, legal, economic and social order; Single copies of this Act may be obtained from the Government Printer P.O. Box 30136, 10101 Lusaka. Price K220.00 10 No. 2 of 2016] Constitution of Zambia (Amendment) RECOGNISE AND UPHOLD the multi-ethnic, multi-racial, multi-religious and multi-cultural character of our Nation and our right to manage our affairs and resources sustainably in a devolved system of governance; RESOLVE that Zambia shall remain a unitary, multi-party and democratic sovereign State; RECOGNISE AND HONOUR the freedom fighters who fought for the independence of our Nation in order to achieve liberty, justice and unity for the people of Zambia; AND DIRECT that all State organs and State institutions abide by and respect our sovereign will; DO HEREBY SOLEMNLY ADOPT AND GIVE TO OURSELVES THIS CONSTITUTION: Repeal and 3. The Constitution is amended by the repeal of Parts I and II replacement and the substitution therefor of the following Parts: of Parts I and II PART I SUPREMACY OF CONSTITUTION Supremacy 1. (1) This Constitution is the supreme law of the Republic of of Zambia and any other written law, customary law and customary Constitution practice that is inconsistent with its provisions is void to the extent of the inconsistency. (2) An act or omission that contravenes this Constitution is illegal. (3) This Constitution shall bind all persons in Zambia, State organs and State institutions. (4) The validity or legality of this Constitution is not subject to challenge by or before a State organ or other forum. (5) A matter relating to this Constitution shall be heard by the Constitutional Court. Defence of 2. Every person has the right and duty to— Constitution (a) defend this Constitution; and (b) resist or prevent a person from overthrowing, suspending or illegally abrogating this Constitution. Continuous 3. The operation of this Constitution shall not be affected by effect of an unlawful act to overthrow, suspend or illegally abrogate its Constitution provisions. Constitution of Zambia (Amendment) [No. 2 of 2016 11 4. (1) Zambia is a sovereign Republic under a constitutional Republic of Zambia form of governance. (2) The Republic consists of the territory defined in an Act of Parliament. (3) The Republic is a unitary, indivisible, multi-ethnic, multi-racial, multi-religious, multi-cultural and multi-party democratic State. (4) The Republic shall not be ceded in whole or in part. (5) The Republic may enter into a union or other form of inter- state organisation, which action shall not be construed as ceding the Republic. 5. (1) Sovereign authority vests in the people of Zambia, which Sovereign may be exercised directly or through elected or appointed authority representatives or institutions. (2) Power that is not conferred by or under this Constitution on any State organ, State institution, State officer, Constitutional office holder or other institution or person is reserved for the people. (3) The people of Zambia shall exercise their reserved power through a referendum, as prescribed. 6. (1) The national symbols of the Republic are the— National symbols (a) National Flag; (b) National Anthem; (c) Coat of Arms; (d) Public Seal; and (e) National Motto. (2) The form, words, description and use of the national symbols shall be as prescribed. 7. The Laws of Zambia consist of— Laws of Zambia (a) this Constitution; (b) laws enacted by Parliament; (c) statutory instruments; (d) Zambian customary law which is consistent with this Constitution; and (e) the laws and statutes which apply or extend to Zambia, as prescribed. 12 No. 2 of 2016] Constitution of Zambia (Amendment) PART II NATIONAL VALUES, PRINCIPLES AND ECONOMIC POLICIES National 8. The national values and principles are— values and principles (a) morality and ethics; (b) patriotism and national unity; (c) democracy and constitutionalism; (d) human dignity, equity, social justice, equality and non- discrimination; (e) good governance and integrity; and (f) sustainable development. Application 9. (1) The national values and principles shall apply to the — of national values and (a) interpretation of this Constitution; principles (b) enactment and interpretation of the law; and (c) development and implementation of State policy. (2) The President shall, once in every year, report to the National Assembly the progress made in the application of the values and principles specified under this Part. Basis of 10. (1) The Government shall create an economic environment economic which encourages individual initiative and self-reliance among the policies people, so as to promote investment, employment and wealth. (2) The Government shall promote the economic empowerment of citizens so that they contribute to sustainable economic growth and social development. (3) The Government shall promote local and foreign investment and protect and guarantee such investment through agreements with investors and other countries. (4) The Government shall not compulsorily acquire an investment, except under customary international law and subject to Article 16 (1). (5) Where the investment compulsorily acquired under clause (4) was made from the proceeds of crime no compensation shall be paid by the Government. Repeal and 4. The Constitution is amended by the repeal of Part IV and replacement the substitution therefor of the following Part: of Part IV Constitution of Zambia (Amendment) [No. 2 of 2016 13 PART IV CITIZENSHIP 33. A person who was a citizen of Zambia, immediately before Existing citizenship the commencement of this Constitution, shall continue to be a citizen of Zambia and shall retain the same citizenship category from the date the citizenship was acquired. 34. Citizenship may be acquired by birth, descent, registration Categories or adoption in accordance with this Part. of citizenship 35. (1) A person born in Zambia is a citizen by birth if, at the Citizenship by birth date of that person’s birth, at least one parent of that person is or was a citizen. (2) A child found in Zambia who is, or appears to be, of not more than eight years of age and whose nationality and parents are not known, shall be presumed to be a citizen by birth. (3) For the purposes of this Part, a person born aboard— (a) a registered ship or aircraft of a country, shall be deemed to have been born in the country of registration of the ship or aircraft; or (b) an unregistered ship or aircraft of a country, shall be deemed to have been born in that country. 36. A person born outside Zambia is a citizen by descent if, at Citizenship the date of that person’s birth, at least one parent of that person is by descent or was a citizen by birth or descent. 37. (1) Subject to clause (2), a person is entitled to apply to Citizenship by the Citizenship Board of Zambia to be registered as a citizen if that registration person has attained the age of eighteen years and— (a) was born in Zambia and has been ordinarily resident in Zambia for a period of at least five years; (b) was born outside Zambia, has or had an ancestor who is, or was, a citizen and has been ordinarily resident in Zambia for a period of at least five years; or (c) has been ordinarily resident in Zambia for a continuous period of at least ten years; immediately preceding that person’s application for registration, as prescribed. 14 No. 2 of 2016] Constitution of Zambia (Amendment) (2) Notwithstanding clause (1), a person who is, or was married to a citizen, for a period of at least five years, is entitled to apply to the Citizenship Board of Zambia, to be registered as a citizen, as prescribed. Citizenship 38. A child who is not a citizen and who is adopted by a citizen by adoption shall be a citizen on the date of the adoption. Dual 39. (1) A citizen shall not lose citizenship by acquiring the citizenship citizenship of another country. (2) A citizen who ceased to be a citizen, before the commencement of this Constitution as a result of acquiring the citizenship of another country, shall be entitled to apply, as prescribed, to the Citizenship Board of Zambia, for citizenship and the Citizenship Board of Zambia shall bestow citizenship on that person. Renunciation 40. (1) A citizen— and deprivation (a) may renounce citizenship as prescribed; or of citizenship (b) shall be deprived of citizenship if that citizenship was acquired by means of fraud, false representation or concealment of a material fact. (2) The process and procedures to be followed by the Citizenship Board of Zambia when granting or depriving a person of citizenship shall be prescribed. Citizenship 41. (1) There is established the Citizenship Board of Zambia. Board of Zambia (2) The composition, appointment and tenure of office of members of, and procedures to be followed by, the Citizenship Board of Zambia shall be prescribed. Entitlements 42. A citizen is entitled to— of citizen (a) the rights, privileges and benefits of citizenship as provided in this Constitution or as prescribed; and (b) a document of identification issued by the State to citizens. Responsibilities 43. (1) A citizen shall — of citizen (a) be patriotic to Zambia and promote its development and good image; (b) pay taxes and duties lawfully due and owing to the State; (c) protect and conserve the environment and utilise natural resources in a sustainable manner; Constitution of Zambia (Amendment) [No. 2 of 2016 15 (d) maintain a clean and healthy environment; (e) provide national, defence and military service when called upon by the State; and (f) co-operate with law enforcement agencies for the maintenance and enforcement of law and order. (2) A citizen shall endeavour to— (a) acquire basic understanding of this Constitution and promote its ideals and objectives; (b) register and vote, if eligible, in national and local government elections and referenda; (c) develop one’s abilities to the greatest possible extent through acquisition of knowledge, continuous learning and the development of skills; (d) foster national unity and live in harmony with others; and (e) understand and enhance Zambia’s place in the international community. 44. A reference in this Part to the citizenship of the parent of Reference to a person at the time of the birth of that person shall, in relation to a citizenship of parent person born after the death of that person’s parent, be construed as a reference to the citizenship of the parent at the time of the parent’s death. PART V REPRESENTATION OF THE PEOPLE Electoral Systems and Process 45. (1) The electoral systems provided for in Article 47 for Principles of the election of President, Member of Parliament or councillor shall electoral systems and ensure— process (a) that citizens are free to exercise their political rights; (b) universal adult suffrage based on the equality of a vote; (c) fair representation of the various interest groups in society; and (d) gender equity in the National Assembly or council. (2) The electoral process and system of administering elections shall ensure— 16 No. 2 of 2016] Constitution of Zambia (Amendment) (a) that elections are free and fair; (b) that elections are free from violence, intimidation and corruption; (c) independence, accountability, efficiency and transparency of the electoral process; (d) a simple and practical system of voting and tabulating votes; and (e) timely resolution of electoral disputes. Franchise 46.A citizen who has attained the age of eighteen years is entitled to be registered as a voter and vote in an election by secret ballot. Electoral 47. (1) Elections to the office of President shall be conducted systems directly, under a majoritarian electoral system, where the winning candidate must receive more than fifty percent of the valid votes cast, and in accordance with Article 101. (2) Elections to the National Assembly shall be conducted under a first-past-the-post electoral system in accordance with Article 68. (3) Elections to councils shall be conducted under a first-past- the-post electoral system, and in accordance with Articles 153 and 154. (4) A constituency and a ward shall return only one member to the National Assembly and council, respectively. Electoral 48. The electoral process for electing a President, Member process of Parliament or councillor shall be prescribed. System for 49. The system of administering elections shall be prescribed. administering elections Access to 50. A political party and a candidate contesting an election media shall have access to the media, especially during election campaigns. Independent 51. A person is eligible for election as an independent candidates candidate for a National Assembly seat if the person— (a) is not a member of a political party and has not been a member of a political party for at least two months immediately before the date of the election; and Constitution of Zambia (Amendment) [No. 2 of 2016 17 (b) meets the qualifications specified in Article 70 for election as a Member of Parliament. 52. (1) A candidate shall file that candidate’s nomination paper Nominations to a returning officer, supported by an affidavit stating that the candidate is qualified for nomination as President, Member of Parliament or councillor, in the manner, on the day, and at the time and place set by the Electoral Commission by regulation. (2) A returning officer shall, immediately on the filing of a nomination paper, in accordance with clause (1), duly reject the nomination paper if the candidate does not meet the qualifications or procedural requirements specified for election to that office. (3) The information contained in a nomination paper and affidavit shall be published by the Electoral Commission, as prescribed. (4) A person may challenge, before a court or tribunal, as prescribed, the nomination of a candidate within seven days of the close of nomination and the court shall hear the case within twenty- one days of its lodgement. (5) The processes specified in clauses (1) to (4) shall be completed at least thirty days before a general election. (6) Where a candidate dies, resigns or becomes disqualified in accordance with Article 70, 100 or 153 or a court disqualifies a candidate for corruption or malpractice, after the close of nominations and before the election date, the Electoral Commission shall cancel the election and require the filing of fresh nominations by eligible candidates and elections shall be held within thirty days of the filing of the fresh nominations. 53. (1) Where only one candidate is nominated for election Unopposed candidates as President, Member of Parliament or councillor, by the date and time set by the Electoral Commission for receiving nominations and at the close of the nomination period, that candidate shall be declared duly elected. 18 No. 2 of 2016] Constitution of Zambia (Amendment) (2) A person may, within seven days of a declaration made in accordance with clause (1), challenge the declaration, as prescribed. (3) The processes specified in clauses (1) and (2) shall be completed at least thirty days before a general election. Electoral 54. A candidate and a political party shall comply with a code of prescribed electoral code of conduct. conduct Losing 55. A candidate who loses an election as a President, Vice- candidate President, Member of Parliament or councillor is not eligible, during not eligible for certain the term of that National Assembly or council, for appointment appointments as— (a) Minister; or (b) Provincial Minister. Election date 56. (1) A general election shall be held, every five years after for general the last general election, on the second Thursday of August. elections (2) The day on which a general election is held shall be a public holiday. By-elections 57. (1) Where a vacancy occurs in the office of Member of Parliament, mayor, council chairperson or councillor, a by-election shall be held within ninety days of the occurrence of the vacancy. (2) A by-election shall not be held within the one hundred-and- eighty day period that precedes a general election. (3) The Electoral Commission shall, by regulation, set the place where, and the date and time when, a by-election is to be held. Constituencies, Wards and Delimitation Constituencies, 58. (1) Zambia shall be divided into constituencies and wards wards and for purposes of elections to the National Assembly and councils, delimitation respectively. (2) The number of constituencies shall be equal to the number of seats of elected members in the National Assembly. (3) The number of wards in a district shall be prescribed. (4) The Electoral Commission shall determine the names and boundaries of constituencies and wards.