The Constitution of Zambia Act, 2016

Link to law: http://www.parliament.gov.zm/node/4831

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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