F:\Constitution of Zambia Act 2016 .pmd
THE CONSTITUTION OF ZAMBIA ACT,
2016
ARRANGEMENT OF SECTIONS
Section
1. Short title
2. Interpretation
3. Amendment of Constitution of Zambia Act, 1991, and
Schedule thereto
4. Commencement of Constitution as amended
5. Printing and publication of Constitution
6. Existing laws
7. Executive
8. Prerogative of mercy
9. Rights, duties and obligations of Government
10. Succession of institutions, offices, assets and liabilities
11. Existing offices
12. Pensions, gratuities and other benefits
13. Legislature
14. By elections
15. Judicature
16. Judicial and tribunal proceedings and pending matters
17. Local government
18. Political parties
19. Commissions
20. Currency
21. Transitional provisions
Constitution of Zambia [No. 1 of 2016 1
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K 32.00 each.
An Act to provide for the printing and publication of the
Constitution; to provide for the savings and transitional
provisions of existing State organs, State institutions,
administrations, offices, institutions and laws; to provide
for the savings of succession to assets, rights, liabilities,
obligations and legal proceedings; and to provide for
matters connected with, or incidental to, the foregoing.
[5th January, 2016
ENACTED by the Parliament of Zambia.
1. This Act may be cited as the Constitution of Zambia Act,
2016.
2. (1) In this Act, unless the context otherwise requires—
“Constitution” means the Constitution of Zambia, 1991, in
force immediately before the effective date;
“effective date” means the date of the commencement of
this Act and the Constitution as amended as provided in
section four; and
“existing laws” means the Laws of Zambia as they exist
immediately before the effective date, including any
statutory instrument issued or made before that date which
is to come into force on, or after, the effective date.
(2) Except where the context otherwise requires, words and
expressions used in this Act have the same meaning as in the
Constitution as amended.
Enactment
Short title
Interpretation
Cap. 1
Constitution of Zambia [No. 1 of 2016 3
GOVERNMENT OF ZAMBIA
ACT
No. 1 of 2016
Date of Assent: 5th January, 2016
3. Except as provided under this Act, the Constitution of
Zambia Act, 1991, and the Constitution in the Schedule to thatAct
are amended in so far as they form part of the laws of Zambia.
4. Subject to this Act, the Constitution as amended in Act No.
2 of 2016 shall come into operation on the commencement of this
Act.
5. The Constitution may be printed and published by the
Government Printer separately from this Act, and the production
of a copy of the Constitution purporting to be so printed shall be
prima facie evidence in courts and for all purposes in connection
with the Constitution as its provisions.
6. (1) Subject to the other provisions of this Act, and so far
as they are not inconsistent with the Constitution as amended,
existing laws shall continue in force after the commencement of
this Act as if they had been made in pursuance of the Constitution
as amended, but shall be construed with such modifications,
adaptations, qualifications and exceptions as may be necessary to
bring them into conformity with the Constitution as amended.
(2) Parliament shall, within such period as it shall determine,
make amendments to any existing law to bring that law into
conformity with, or to give effect to, this Act and the Constitution
as amended.
7. (1) The President shall continue to serve as President for
the unexpired term of that office as specified by the Constitution in
accordance with the Constitution.
(2) A person holding the post of Vice-President, Minister or
Deputy Minister shall continue to hold that position under the
Constitution until that appointment is terminated by the President in
accordance with the Constitution.
8. The prerogative of mercy bestowed on the President under
the Constitution as amended may be exercised in respect of any
criminal offence committed before the effective date.
9. Rights, duties and obligations of the Government subsisting
immediately before the effective date shall continue as rights, duties
and obligations of the Government under the Constitution as
amended.
4 No. 1 of 2016] Constitution of Zambia
Amendment
of
Constitution
of Zambia
Act, 1991,
and Schedule
thereto
Cap. 1
Commence-
ment of
Constitution
as amended
Act No. 2 of
2016
Printing and
publication
of
Constitution
Existing laws
Executive
Cap. 1
Cap. 1
Prerogative
of mercy
Rights,
duties and
obligations
of
Government
Cap. 1
Cap. 1
Cap. 1
10. (1) Where a provision of the Constitution as amended has
altered the name of an office or institution existing immediately
before the effective date, the office or institution as known by the
new name shall be the legal successor of the first named office or
institution.
(2) Liabilities, property and other assets that were incurred or
vested in the President, the State, Government or the Republic
immediately before the effective date shall continue to be so incurred
or vested after the effective date.
(3) Any property that was liable to escheat or to be forfeited
to the State, Government or the Republic immediately before the
effective date shall be liable to escheat or to be so forfeited after
the effective date.
11. (1) Aperson who is holding or acting in an office established
by the Constitution immediately before the effective date shall
continue to hold or act in that office as if appointed to that office
under the Constitution as amended and shall be considered as having
taken any necessary oath required to be taken under the Constitution
as amended, unless the President requires that person to take any
oath specified by the Constitution as amended or any other law.
(2) A public officer shall continue to hold or act in that office
as if appointed to that position under the Constitution as amended
and shall be considered as having taken any necessary oath required
to be taken under the Constitution as amended, unless the President
requires the public officer to take any oath specified by the
Constitution as amended or any other law.
(3) This section shall not—
(a) affect the powers conferred on any person or authority
under the Constitution as amended to abolish offices or
remove persons from those offices; or
(b) apply to any person who, under the existing law or the
Constitution, would have been required to vacate an
office at the expiry of any period or on the attainment
of any age.
(4) The process of appointing persons to fill vacancies arising
after the effective date shall begin on the effective date and in
accordance with the Constitution as amended.
Succession
of
institutions,
offices,
assets and
liabilities
Existing
offices
Cap. 1
Constitution of Zambia [No. 1 of 2016 5
12. The law applicable to pensions, gratuities or emoluments
in respect of public officers shall be the law that was in force at
the date on which those benefits were granted or any law in force
at a later date that is not less favourable to the public officers.
13. (1) The National Assembly existing immediately before
the effective date shall continue as the National Assembly for the
purposes of the Constitution as amended and the members of the
National Assembly shall continue as members until the expiry of
their term of office as specified by the Constitution.
(2) The persons holding the offices of Speaker and Deputy
Speaker of the NationalAssembly immediately before the effective
date shall continue as Speaker and Deputy Speaker until another
Speaker and Deputy Speakers are elected under the Constitution
as amended and shall be considered as having taken any oath
specified by the Constitution as amended.
(3) The functions and powers vested in Parliament by the
Constitution shall be exercised after the effective date by that
Parliament for the unexpired term of that Parliament in accordance
with the Constitution.
(4) The rules and orders of the National Assembly existing on
the effective date shall be the rules and orders of the National
Assembly after the effective date but shall be construed with such
modifications, adaptations, qualifications and exceptions as are
necessary to bring them into conformity with the Constitution as
amended.
(5) The National Assembly shall, within such period as it shall
determine, revise the Standing Orders of the National Assembly in
accordance with the Constitution as amended.
(6) Moneys granted, voted or appropriated by the Parliament
existing immediately before the effective date, for the current
financial year, shall be deemed to have been granted, voted or
appropriated in accordance with the Constitution as amended.
(7) The boundaries of a constituency existing immediately
before the effective date shall be the boundaries of the constituency
until the next delimitation is done in accordance with the Constitution
as amended.
14. A by-election held after the effective date shall be held in
accordance with the Constitution as amended.
Pensions,
gratuities
and other
benefits
Cap. 1
Cap. 1
Legislature
By-elections
6 No. 1 of 2016] Constitution of Zambia
15. (1) Subject to this section, a judge or judicial officer who
held office immediately before the effective date shall continue to
hold office as if appointed to that office under the Constitution as
amended but may opt to retire, in accordance with subsection (2),
within twelve months of the effective date.
(2) A judge who has attained the age of sixty-five years
immediately before or on the effective date may retire and shall be
entitled on retirement to the benefits that person would have been
entitled to at the date of retirement as specified in the Constitution.
16. (1) Unless otherwise provided under the Constitution as
amended, proceedings pending before court or tribunal shall continue
to be heard and determined by the same court or tribunal or may
be transferred to a corresponding court or tribunal established under
the Constitution as amended.
(2) Unless otherwise provided under the Constitution as
amended, a matter or proceeding that, immediately before the
effective date, is pending before a commission, office or authority
shall continue before the same commission, office or authority or
corresponding commission, office or authority established under
the Constitution as amended.
17. (1) Local authorities shall continue to exist after the
effective date until the implementation of the new structure under
the Constitution as amended and as provided by an Act of
Parliament.
(2) Parliament shall enact legislation for the local government
system as provided by the Constitution as amended.
(3) Councillors of district councils shall continue as councillors
after the effective date until general elections are held in accordance
with the Constitution as amended.
(4) The boundaries of a province, district or ward existing
immediately before the effective date shall be the boundaries of
that province, district or ward until the next delimitation is done in
accordance with the Constitution as amended.
18. (1) A political party in existence immediately before the
effective date shall, within twelve months of the effective date,
comply with the Constitution as amended and any legislation enacted
by Parliament in accordance with the Constitution as amended.
Judicature
Cap. 1
Cap. 1
Judicial and
tribunal
proceedings
and pending
matters
Local
government
Political
parties
Constitution of Zambia [No. 1 of 2016 7
(2) If on the expiry of the period of twelve months, a political
party has not complied with the Constitution as amended and any
legislation enacted under subsection (1), the political party shall
forthwith cease to exist as a political party.
19. The Commissions existing immediately before the effective
date shall continue to exist as if established under the Constitution
as amended.
20. Nothing in the Constitution as amended affects the validity
of notes and coins issued immediately before the effective date.
21. Subject to section six, where an Act of Parliament is
required to give effect to an Article of the Constitution as amended,
that Article shall come into effect upon the publication of the Act
of Parliament or such other date as may be prescribed by, or under,
the Act of Parliament.
8 No. 1 of 2016] Constitution of Zambia
Commissions
Currency
Transitional
provisions
