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Constitution POLICY MONITORING AND RESEARCH CENTRE CONSTITUTION ANALYSIS OF THE CONSTITUTION AMENDMENT ACT NO.2 OF 2016 Unlocking Zambia's Potential www.pmrczambia.com | facebook.com | youtube: pmrczambia | twitter: @pmrczambia | linkedin.com JUNE 2016 Prepared by: Salim Kaunda (Head of Research and Analysis) with the support of Bernadette Deka (Executive Director), Sambo Mwila (Communications Specialist), Miselo Bwalya (Researcher) and Chileshe Chaunga (Researcher). This document and trademark(s) contained herein are protected by the laws of The Republic of Zambia. This electronic representation of PMRC intellectual property is provided for non- commercial use only. Unauthorized posting of PMRC electronic documents to a non-PMRC website is prohibited. PMRC electronic documents are protected under copyright law. Permission is required from PMRC to reproduce, or reuse in another form, any of our research documents for commercial use. For information on reprint and linking permissions, please see PMRC Permissions . (www.pmrczambia.com/copyright). The PMRC is a nonprofit institution that helps improve policy and decision-making through research and analysis. PMRC’s publications do not necessarily reflect the opinions of its research clients and sponsors. ® is a registered trademark. INTRODUCTION The Constitution (Amendment) Act No. 2 of 2016 came into effect on Tuesday 5 January 2016, when President Edgar Lungu assented to it at the Heroes Stadium in Lusaka. The Constitution was signed into a presidential candidate must have a th law with some amendments that largely “running mate” in a presidential election, border on the electoral process. Some who will become the Vice President for of the new provisions in the amended the Republic. The provision is progressive Constitution include, “Dual Citizenship”, as it guarantees that Zambia will not be which allows Zambians who obtain subjected to Presidential by-elections in citizenship in another country to maintain the event that the sitting president dies, their Zambian citizenship. It also contains as the vice president would immediately the “50% + 1” clause which requires that a assume office. The Constitution has also presidential candidate win an election by made provision for the establishment 50% or more of the total votes cast. Further, of a “Constitutional Court” to preside the amended Constitution stipulates that over constitutional disputes. Under the amended Constitution, the minimum requirement for people who are contesting in elections is set at “Grade 12 qualification”. Constitution of Zambia (Amendment) [No. 2 of 2016 9 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 10 No. 2 of 2016] Constitution of Zambia (Amendment) GOVERNMENT OF ZAMBIA our affairs and resources sustainably in a devolved system of governance; RECOGNISE AND UPHOLD the multi-ethnic, multi-racial, multi-religious and multi-culturalR characterESOLVE that of Zambia our Nation shall and remain our right a unitary, to manage multi-party and our affairs anddemocratic resources sovereign sustainably State; in a devolved system of governance; RECOGNISE AND HONOUR the freedom fighters who fought for the ACT RESOLVE thatindependence Zambia shall ofremain our Nation a unitary, in order multi-party to achieve and liberty, justice democratic sovereignand unity State; for the people of Zambia; No. 2 of 2016 RECOGNISE ANDAHONOURND DIRECT the that freedom all State fightersDate organs who andof fought State Assent: forinstitutions the 5th abide January, by 2016 independence ofand our respect Nation our in sovereign order to achieve will; liberty, justice and unity for the people of Zambia; DO HEREBY SOLEMNLY ADOPT AND GIVE TO OURSELVES THIS AND DIRECT that all State organs and State institutionsAn abide Act by to amend the Constitution of Zambia. and respect our sovereign will; 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 PartsDO IHEREBY SOLEMNLY ADOPT AND GIVE TO OURSELVES THIS [ 5th January, 2016 and II CONSTITUTIONENACTED: by the Parliament of Zambia. PART I Repeal and 3. The Constitution is amended by the repeal of Parts I and II SUPREMACY OF CONSTITUTION replacement and the substitution therefor of the following1. Parts: of Parts I Supremacy 1. (1) This Constitution is the supremeThis lawAct of the may Republic be of cited as the Constitution of Zambia and II of (Amendment) Act, 2016, and shall be read as one with the Constitution Zambia and anyPART other I written law, customary law and customary practice that is inconsistent with its provisions is void to the extent Enactment SUPREMACY OF CONSTITUTIONConstitution of Zambia, in this Act referred to as the Constitution. of the inconsistency. Supremacy 1. (1) This Constitution is the supreme law of the Republic of of Zambia and any other(2) writtenAn act law,or omission customary that law contravenes and customary this Constitution is Short title Constitution 2. practice that is illegal.inconsistent with its provisions isThe void to Constitution the extent is amended by the repeal of the Preamble of the inconsistency.(3) This Constitutionand shallthe bindsubstitution all persons in Zambia, therefor State of the following: (2) An actorgans or omission and State that institutions. contravenes this Constitution is Cap. 1 illegal. (4) The validity or legality of this Constitution is not subject to (3) This Constitutionchallenge by shall or before bind alla State persons organ in Zambia,or other forum.State Repeal and organs and State institutions.(5) A matter relating to this Constitution shall be heard by the replacement WE PREAMBLE (4) The validityConstitutional or legality Court. of this Constitution, THE is PnotEOPLE subject to of Preamble OF ZAMBIA challengeDefence of by or before2. Every a State person organ has or theother right forum. and duty to— : Constitution ACKNOWLEDGE (5) A matter relating(a) defend to this thisConstitution Constitution; shall and be heard by the Constitutional Court. the supremacy of God Almighty; (b) resist or preventDECLARE a person from overthrowing, suspending Defence of 2. Every person has theor illegally right and abrogating duty to— this Constitution.the Republic a Christian Nation while upholding a Constitution Continuous(a) defend this3. Constitution;The operationperson’s and of this Constitution right to shall freedom not be affected of byconscience, belief or religion; effect of Constitution(b) resist anor preventunlawful a personact to fromoverthrow, overthrowing, suspend suspending or illegally abrogate its provisions. or illegally abrogating thisU PHOLDConstitution. the human rights and fundamental freedoms of every Continuous 3. The operation of this Constitution shall not be affected by effect of person; Constitution an unlawful act to overthrow, suspend or illegally abrogate its provisions. 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 WHAT IS A NATIONAL CONSTITUTION? The National constitution (highest law of the nation) is the set of fundamental rules (written or un-written) that control how a government can exercise public power and authority. The Constitution establishes the mandate of a government by defining the basic principles to which a society must conform; by describing the organization of the government and regulation, distribution, and limitations of the functions of different government departments; and by prescribing the extent and manner in which sovereign powers can be exercised. SUPREMACY OF THE ZAMBIAN CONSTITUTION (EXTRACT) 1. (1) This Constitution is the supreme law of the Republic of Zambia and any other written law, customary law and customary practice that is inconsistent with its provisions is void to the extent of the inconsistency. DEFENSE OF THE CONSTITUTION 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 NATIONAL VALUES AND PRINCIPLES National 8. The national values and principles are — values and a. morality and ethics; principles b. patriotism and national unity; c. democracy and constitutionalism; d. human dignity, equity, social justice, equality and nondiscrimination; e. good governance and integrity; and f. sustainable development. 4 | ANALYSIS OF THE CONSTITUTION AMENDMENT ACT NO.2 OF 2016 BASIS OF ECONOMIC POLICIES National 10. 1. The Government shall create an economic environment, values and which encourages individual initiative and self-reliance among the principles 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
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