LAWSF O ZAMBIA THE C ONSTITUTION Printed a nd Published by the Government Printer Lusaka 2 C onstitution of Zambia *THE C ONSTITUTION OF ZAMBIA Arrangement of Sections CHAPTER I T he Republic Section 1 . D eclaration of Republic 2. P ublic Seal CHAPTER I I Citizenship 3. P ersons who become citizens on 24th October, 1964 4. P ersons entitled to be registered as citizens by virtue of connection w ith Northern Rhodesia 5. P ersons born in Zambia after 23rd October, 1964 6. P ersons born outside Zambia after 23rd October, 1 964 7. M arriage to Zambia citizen after 23rd October, 1964 8. P ersons entitled to be registered as Zambia citizens by v irtue of connection with Zambia 9. C ommonwealth citizens 10. ( Repealed by Act No. 33 of 1969) 1 1 . P owers of Parliament 12. I nterpretation CHAPTER I II Protection o f Fundamental Rights and Freedoms of the Individual 13. F undamental rights and freedoms of the individual 14. P rotection of right to life 15. P rotection of right to personal liberty 16. P rotection from slavery and forced labour 1 7 . P rotection from inhuman treatment * T he Constitution appears also in its context as Schedule 2 to the Zambia Independence Order, 1964, together with subsidiary legislation made or deemed to be made thereunder, in Appendix 1 to the Laws of Zambia. Constitution o f Zambia 3 Section 1. 8 Protection from deprivation of property 19. P rotection for privacy of home and other property 20. P rovisions to secure protection of law 2 1 . P rotection of freedom of conscience 22. P rotection of freedom of expression 23. P rotection of freedom of assembly and association 24 . P rotection of freedom of movement 25. P rotection from discrimination on the grounds of race, e tc. 26. D erogation from fundamental rights and freedoms 26A. Provisions relating to restriction and detention 27. R eference of certain matters to special tribunal 28. E nforcement of protective provisions 29. D eclarations relating to emergencies or threatened emergencies 30. I nterpretation and savings CHAPTER I V The Executive Part 1 The P resident and the Vice-President 31 . T he office of President 32. F irst President 33. E lection of President after dissolution of Parliament 34. T enure of office of President 35. R emoval of President on grounds of incapacity 36. R emoval of President for violation of Constitution or gross m isconduct 37. V acancy in office of President 38. D ischarge of functions of President during absence, illness, e tc. 39. O ath of President 40. R eturning officer at elections of President 4 C onstitution of Zambia Section 4t 1 . V ice-President 42. S alary and allowances of President 43. P rotection of President in respect of legal proceedings Part 2 T he Cabinet 44. M inisters and Junior Ministers 45. C abinet 46. O aths to be taken by Ministers and Junior Ministers 47. S ecretary-General to the Government Part 3 Executive F unctions 48. F unctions of President 49. C ommand of armed forces 50. F unctions of Vice-President 51. F unctions of Cabinet, Ministers and Junior Ministers 52. A ttorney-General 53. D irector of Public Prosecutions 64. Prerogative of mercy 55. A dvisory committee 56. C onstitution of offices CHAPTER V P arliament Part 1 Composition 57. L egislative power 58. C omposition of National Assembly 59. E lected members 60. N ominated members 61. Q ualifications for election to National Assembly Constitution o f Zambia 6 Section 62. D isqualifications for election to National Assembly 63. S peaker 64. D eputy Speaker 65. T enure of office of members of National Assembly 66. T he franchise 67. E lectoral Commission 68. C onstituencies and elections 69. D etermination of questions as to membership of National A ssembly 70. C lerk and staff of National Assembly Part 2 Legislation a nd Procedure in National Assembly 7 1 . E xercise of legislative power of Parliament 72. A lteration of Constitution 73. S tatutory instruments 74. R estriction with regard to certain financial measures 75. P resident may address National Assembly 76. O aths to be taken by Speaker and members 77 . P residing in National Assembly 78. Q uorum in National Assembly 79. V oting in National Assembly 80. U nqualified persons sitting or voting 8 1 . P rocedure in National Assembly Pabt 3 Summoning, P rorogation and Dissolution of Parliament 82. S ummoning of Parliament 83. P rorogation and dissolution of Parliament 84 . S ittings of National Assembly 6 C onstitution of Zambia CHAPTER V I The House op Chiefs Section 85. C omposition of House of Chiefs 86. F unctions of House of Chiefs 87. E lection of members to represent provinces I 88. P resident of House of Chiefs 89. D eputy President of House of Chiefs 90. O aths of members of House of Chiefs 9 1 . P residing in House of Chiefs 92. Q uorum in House of Chiefs 93. M eetings of House of Chiefs 94. A ttendance of President and other persons at House of C hiefs 95. P rocedure in House of Chiefs 96. P resident may make regulations CHAPTER V II The Judicature Part 1 I The C ourt of Appeal and High Court 97 . C ourt of Appeal 98. H igh Court 99. A ppointment of judges of Court of Appeal 99A. A ppointment of judges of High Court 99B. A cting judge to act until appointment expires or is revoked 99C. Q ualifications for appointment as judge 100. T enure of office of judges of Court of Appeal and High C ourt 101. O aths to be taken by judges Constitution o f Zambia 7 Part 2 Appeals t o the Judicial Committee Section 102. J udicial Committee may be appeal court for the Republic 103. S upplementary Part 3 J udicial Service Commission 14 0 . J udicial Service Commission 105. A ppointment, etc., of judicial officers CHAPTER V III Finance 106. I mposition of taxation 107. W ithdrawal of moneys from general revenues 108. S upplementary estimates in respect of expenditure authorisedy b warrant 109. A ppropriation and Supplementary Appropriation Acts 109A. P ower to ratify and confirm expenditure of a total of Kl,880,626 expended in financial years 1965-1966 and 1966-1967 109B. P ower to ratify and confirm expenditure of a total of K.939,322 expended in financial year 1968 1 1 0. Financial report 111. R emuneration of certain officers 112. P ublic debt 1A. 1 2 Defence and special expenditure 113. A uditor-General 113A. Construction CHAPTERX I The Public Service 1 1 4. Public Service Commission 115. A ppointment, etc. , of public officers 1 ISA. Teaching Service Commission 115B. A ppointment, etc., of officers in teaching service 8 C onstitution of Zambia Section 116. A ppointment, etc., of subordinate police officers 117. A ppointment, etc., of subordinate prison service officers 118. T enure of office of Director of Public Prosecutions 119. T enure of office of Auditor-General 120. P ensions laws and protection of pensions rights 121. P ower of Commissions in relation to pensions, etc. CHAPTER X Miscellaneous 122. P erformance of functions of Commissions 123. R esignations 124. R eappointments and concurrent appointments 125. I nterpretation The S chedule to the Constitution —Election of Members of House of Chiefs to represent provinces Constitution o f Zambia 9 CONSTITUTION O F ZAMBIA CHAPTER I The Republic 1 . Z ambia is a sovereign Republic. Declaration o f Republic 2. T he Public Seal of the Republic shall be such device as Publio S eal may be prescribed by or under an Act of Parliament. CHAPTER I I Citizenship 3. ( 1) Every person who, having been born in the former Persons who Protectorate of Northern Rhodesia, is on 23rd October, 1964, a oa British protected person shall become a citizen of Zambia on 24th Octo- 24th October, 1964. ber, 1964 (2) E very person who, having been born outside the former Protectorate of Northern Rhodesia, is on 23rd October, 1964, a British protected person shall, if his father becomes, or would but for his death have become, a citizen of Zambia in accordance with the provisions of subsection (1) of this section, become a citizen of Zambia on 24th October, 1964. 4. ( 1) Subject to the provisions of this section, any woman Persons e ntitled to be who, on 23rd October, 1964, is or has been married to a person — registered as citizens by (a) w ho becomes a citizen of Zambia by virtue of section 3 virtue of of this Constitution ; or connection with (6) w ho, having died before 24th October, 1964, would, Northern but for his death, have become a citizen of Zambia R hodesia by virtue of that section ; shalle b entitled, upon making application in such manner as may be prescribed by or under an Act of Parliament, to be registered as a citizen of Zambia. (2) S ubject to the provisions of this section, any person who, on 23rd October, 1964, is a citizen of the United Kingdom and Colonies, having become such a citizen by virtue of his having been naturalised or registered in the former Protectorate of Northern Rhodesia under the British Nationality Act, 1948, shall be entitled, upon making application before such date and in such manner as may be prescribed by or under an Act of Parliament, to be registered as a citizen of Zambia : Provided t hat any person who is under the age of twenty- one years (other than a woman who is or has been married) shall not be competent to make an application for registration under this subsection, but an application may be made on behalf of that person by his parent or guardian.