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ZAMBIA CONSTITUTION
Adopted on: 24 Aug 1991

An Act to provide for a new Constitution of the Republic of Zambia and to repeal the
Constitution of Zambia Act, 1973, and the Constitution scheduled there to, and to
provide for matters connected with or incidental to the foregoing.
S
ECTION 1 S HORT TITLE
This Act may be cited as the Constitution of Zambia Act, 1991.
S
ECTION 2 I NTERPRETATION
(1) In this Act, unless the context otherwise requires “Constitution” means the
Constitution set out in the Schedule to this Act; “the existing Constitution” means the
Constitution of Zambia, 1973, in force immediately before the commencement of this
Act; “existing law” means all law, whether a rule of law or a provision of an Act of
Parliament or of any other enactment or instrument whatsoever (including any Act of
Parliament of the United Kingdom or Order of Her Majesty in Council), having effect
as part of the law of Zambia or party thereof immediately before the commencement
of this Act, and includes any Act of Parliament or statutory instrument made before
such commencement and coming into force on such commencement or thereafter. (2)
Except where the context requires, words and expressions used in this Act have the
same meaning as in the Constitution.
S
ECTION 3 R EPEAL OF CONSTITUTION OF ZAMBIA ACT , 1973, AND SCHEDULE
THERETO

(1) The Constitution of Zambia Act, 1973, and the Constitution in the schedule
thereto, except for Part VI, are repealed in so far as they form part of the laws of
Zambia. (2) Part VI of the existing Constitution shall stand repealed on the date set for
the holding of elections to the office of the President and the National Assembly
under the Constitution.
S
ECTION 4 C OMMENCEMENT OF THE CONSTITUTION
Subject to the other provisions of this Act, the Constitution set out in the Schedule to
this Act shall come into operation on the commencement of this Act.
S
ECTION 5 P RINTING AND PUBLICATION OF THE CONSTITUTION
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

2 printed shall be prima facie in all courts and for all purposes whatsoever of the
Constitution and its provisions.
S
ECTION 6 E XISTING LAWS
(1) Subject to the other provisions of this Act, and so far as they are not inconsistent
with the Constitution, the existing laws shall continue in force after the
commencement of this Act as they had been made in pursuance of the Constitution,
but shall be construed with such modifications, adaptations, qualifications and
exceptions as may be necessary to bring them into conformity with the Constitution.
(2) The President may be statutory instrument at any time within two years of the
commencement of this Act, make such amendment to any existing law as may appear
to him to be necessary or expedient for bringing that law into conformity with the
provisions of this Act or the Constitution or otherwise for giving effect or enabling
effect to be given to those provisions. (3) Where any matter that fails to be prescribed
or otherwise provided for under the Constitution by Parliament or by any other
authority or person is prescribed or provided for by or under any existing law,
including any amendment to any such law made under this section, or is otherwise
prescribed or provided for immediately before the commencement of the Act by or
under the law repealed by Section 3, that prescription or provision shall, as from the
commencement of this Act, have effect as if it had been made under the Constitution
by Parliament or, as the case may be, the other authority or person. (4) This section
shall be without prejudice to any powers conferred by this Act or the Constitution
upon any person or authority to make provision for any matter, including the
amendment or repeal of any existing law.
S
ECTION 7 P REROGATIVES AND PRIVILEGES OF THE PRESIDENT
Where under the existing law any prerogatives or privileges are vested in the
President these prerogatives or privileges shall, after the announcement of this Act,
continue to vest in the President.
S
ECTION 8 C ONTINUATION IN OFFICE OF PRESIDENT
The person holding the office of President immediately before the commencement of
this Act shall, unless he ceases to hold office by virtue of the provisions of Article 34
or 35 of the Constitution or resigns, continue in office and shall exercise the executive
powers of the President under the existing Constitution until the person elected at the
first election to the office of President under the Constitution assumes office.
S
ECTION 9 E XISTING OFFICES
(1) Where any office has been established by or under the law repealed by Section 3
and the Constitution establishes a similar or an equivalent office, any person who
immediately before the commencement of this Act holds or is acting in the former
office shall, so far as is consistent with the Constitution, be deemed to have been
appointed, elected or designated as from the commencement of this Act to hold or to
act in the latter office in accordance with the Constitution and to have taken the oath
of allegiance and any other necessary oath under the Constitution: Provided that any
person who, under the law repealed under Section 3 or any other existing law, would
have been required to vacate his office at the expiration of any period or on the
attainment of any age shall vacate his office at the expiration of that period or upon
the attainment of that age. (2) Any person holding the office of Prime Minister,
Secretary of State for Defence and Security, Minister, Minster of State and
Parliamentary Secretary under the existing Constitution immediately before the

3 commencement of the Constitution shall continue in office and shall exercise the
powers conferred on them by the existing Constitution until the new office bearers in
the new Government under the Constitution assume office. (3) Subject to the
provision of the Constitution relating to persons in public employment, any person
who is a public officer and who immediately before the commencement of this Act
holds any office in, or is seconded to, the United National Independence Party shall
continue to be a public officer in the Civil Service of the Government after the
commencement of this Act. (4) The President may, at any time after the
commencement of this Act, require any person who continues in office by virtue of
this section to take an oath of allegiance and any oath for the due execution of his
office that is prescribed by or under any Act of Parliament. (5) This section shall be
without prejudice to: (a) the provisions of Section 10; and (b) any powers conferred
by or under the Constitution upon any person or authority to make provision for the
abolition of offices or the removal of any person holding or acting in any office.
S
ECTION 10 T HE NATIONAL ASSEMBLY
(1) Subject to subsection (2), the National Assembly constituted under the law
repealed by Section 3 (hereinafter referred to as “the existing National Assembly”)
shall be the National Assembly during the period beginning on the commencement of
this Act and ending on the date set for the holding of elections to the office of
President and the National Assembly under the Constitution. (2) The persons who
immediately before the commencement of this Act are the elected or nominated
members of the existing National Assembly shall continue to be members of the
National Assembly during the period beginning on the Commencement of this Act
and ending on the date set for the holding of elections to the office of President and
the National Assembly under the Constitution, and, in the case of elected members,
shall be deemed to have been elected to the National Assembly to represent the same
constituencies as the constituencies for which they were respectively elected. (3) The
persons who immediately before the commencement of this Act are the Speaker and
the Deputy Speaker of the existing National Assembly shall continue to be
respectively the Speaker and the Deputy Speaker of the National Assembly during the
period beginning on the commencement of this Act and ending on the date set for the
holding of elections to the office of the National Assembly under the Constitution. (4)
As the functions and powers vested in Parliament by the existing Constitution shall be
exercised, during the period beginning on the commencement of this Act and ending
on the date set for the holding of elections to the office of President and Parliament,
by the existing Parliament in accordance with the existing Constitution. (5) The rules
and orders of the existing National Assembly as in force immediately before the
commencement of this Act shall, until it is otherwise provided for under Article 86 of
the Constitution, be the rules of procedure of the National Assembly but shall be
construed with such modifications, adaptations, qualifications and exceptions as may
be necessary to bring them into conformity with the Constitution. (6) Any person who
under this section continued to be the Speaker, Deputy Speaker or a member of the
National Assembly after the commencement of this act shall be deemed to have taken
the necessary oath under the Constitution. (7) All moneys granted, voted or
appropriated by the existing National Assembly in respect of the services of the
Republic for the current financial year shall be deemed to have been granted, voted or
appropriated by the National Assembly established by Part V of the Constitution, and
in accordance with the Constitution.

4 S
ECTION 11 S UCCESSION TO PROPERTY AND ASSETS
(1) Subject to this Act and the Constitution, all property of every nature and kind
whatsoever and all assets that immediately before the commencement of this Act were
vested in, or held in trust for, the President or in any other person in right of or for the
purposes of the Government of Zambia shall after the commencement of this Act
continue to be so vested or held in trust, as the case may be. (2) The transfer and
vesting of all rights, liabilities and obligations to or in the President on behalf of the
Government of Zambia by virtue of section 20 of the Zambia Independence Order,
1964, Appendix I of the Revised Edition, is, for avoidance of any doubt, hereby
confirmed. (3) Any property which, immediately before the commencement of this
Act, was liable to escheat or to be forfeited to the President for the purposes of the
Government of Zambia shall, after the commencement of this Act, be liable to escheat
or to be forfeited to the President on behalf of the Government of Zambia.
S
ECTION 12 R IGHTS , L IABILITIES AND OBLIGATIONS
All rights, liabilities and obligations of the President or any public officer on behalf of
the Government of Zambia before the commencement of this Act shall, on and after
the commencement of this Act, be rights, liabilities and obligations of the President or
such public officer, as the case may be, on behalf of the Government of Zambia.
S
ECTION 13 L EGAL PROCEEDINGS
(1) All proceedings
that, immediately before the commencement of this Act, are
pending before any court established by or under the law repealed by Section 3 may
be continued and concluded before the corresponding court established by or under
the Constitution. (2) Any decision given before the commencement of this Act by any
court as aforesaid shall, for the purpose of its enforcement or for the purpose of any
appeal therefrom have effect, after the commencement of this Act as if it were a
decision of the corresponding court established by or under the Constitution.
S
ECTION 14 T RANSITIONAL PROVISIONS
(1) All rights and obligations under conventions, treaties or agreements which were
exercisable by or binding upon the Government of Zambia immediately before the
commencement of this Act shall continue to be so exercisable and binding. (2) All
functions which immediately before the commencement of this Act were vested in the
President or in any other authority shall, as far as the same continue in existence and
are capable of being exercised after the commencement of this Act, be vested in the
President or the authority exercising similar functions under the Constitution, as the
case may be, except such functions as are by this Act or any other law vested in some
other authority.
S
ECTION 15 C ONTINUATION OF DECLARATION UNDER ARTICLE 30 OR 31 OF
EXISTING CONSTITUTION
Any declaration made under Article 30 of the existing constitution shall continue in
force until the first sitting of the National Assembly under the Constitution and shall
be deemed to be a declaration made under Article 30 or 31 of the Constitution.
S
ECTION 16 A PPEALS IN RESPECT OF CERTAIN DECISIONS AFFECTING PENSIONS
AND
LIKE BENEFITS
(1) The following provisions of this section shall have effect for the purpose of
enabling any officer to whom this section applies or his personal representatives to
appeal against a decision to which this section applies, that is to say a decision within

5 the following clauses: (a) a decision of the appropriate Commission to give such
concurrence as is required by Article 134 of the existing Constitution in relation to the
refusal, withholding, reduction in amount or suspension of any benefits in respect of
such an officer’s service as a public officer; (b) a decision by any authority to remove
such an officer from office if the consequence of the removal is that benefits cannot
be granted in respect of the officer’s service as a public officer; (c) a decision by any
authority to take some other disciplinary action in relation to such an officer if the
consequence of the action is to reduce the amount of any benefits that may be granted
in respect of the officer’s service as a public officer. (2) Where any decision such as is
referred to in subsection (1) is taken by any authority, the authority shall cause to be
delivered to the officer concerned, or his personal representatives, a written notice of
that decision stating the time, not being less than twenty-eight days from the date on
which the notice is delivered, within which he, or his personal representatives, may
apply to the authority for the case to be referred to an Appeals Board. (3) If
application is duly made to an authority within the time stated in such a notice as is
mentioned in subsection (2) for a case to be referred to an Appeals Board, the
authority shall notify the President in writing of that application and the President
shall appoint an Appeals Board for that purpose consisting of: (a) one member
selected by the President; (b) one member selected by an association representative of
public officers or a professional body, nominated in either case by the applicant; and
(c) one member selected by the two other members jointly (or, in default of agreement
between those members, by the Chief Justice) who shall be the Chairman of the
Board. (4) Such an Appeals Board shall inquire into the facts of the case that is
referred to it, and for that purpose the Board: (a) shall, if the applicant so requests in
writing, hear the applicant either in person or by a legal representative of his choice,
according to the terms of the request; (b) may hear any other person who, in the
opinion of the Board, is able to give the Board information on the case; and (c) shall
have access to, and shall consider, all documents that were available to the authority
concerned and shall also consider any further document relating to the case that may
be produced by or on behalf of the applicant or the authority. (5) When such an
Appeals Board has completed its consideration of the case, then: (a) if the decision
that is the subject of the reference to the Board is a decision such as is mentioned in
paragraph (a) of subsection (1), the Board shall advise the appropriate Commission
whether the decision should be affirmed, reversed or modified and the Commission
shall act in accordance with that advice; (b) if the decision that is the subject of the
reference to the Board is a decision such as is mentioned in paragraph (b) or (c) of
subjection (1), the Board shall not have power to advise the authority responsible for
making the decision to affirm, reverse or notify the decision but the Board may advise
the authority responsible for granting the benefits in question: (i) where the officer has
been removed from office, to grant all or part of the benefits for which the officer
concerned would have been eligible under any law if he had retired voluntarily at the
date of the dismissal; or (ii) where some other disciplinary action has been taken in
relation to the officer, that on the grant of any benefits under any law in respect of the
officer’s service such benefits shall be increased by such amount, or shall be
calculated in such manner, as the Board may specify in order to offset all or any part
of the reduction in the amount of such benefits that, in the opinion of the Board,
would or might otherwise be a consequence of the action; and that authority shall act
in accordance with that advice the provisions of that law shall have effect accordingly.
(6) In this section: “the appropriate Commission” has the meaning assigned to it in
clause (3) of Article 134 of the existing Constitution or after the commencement of

6 this Constitution, under this Constitution; “pensions benefits” has the meaning
assigned to it in clause (5) of Article 143 of the existing Constitution. (7) This section
applies to any officer who on the 24 Oct 1964, was on pensionable conditions of
service and: who (a) was designated under the Overseas Service Aid Scheme; or (b)
was immediately before the 24 Oct 1964, a member of Her Majesty’s Overseas Civil
Service or Her Majesty’s Overseas Judiciary; or (c) whose conditions of service
included an entitlement to free overseas passages from Zambia for the purpose of
leave of absence upon the completion of a tour of duty; or (d) was not a citizen of
Zambia.
S
ECTION 17 C OMPULSORY RETIREMENT OF NON -C ITIZENS
Notwithstanding anything to the contrary contained in this Act or the Constitution the
President may, with a view to securing the appointment of citizens of Zambia to
public offices direct retirement from public office of any person who is not a citizen
of Zambia. Provided that no person shall be retired under the provisions of this section
unless notice in writing is given to him specifying the date of retirement which shall
not be earlier than six months from the date on which such notice is received by him.

PREAMBLE

We, the people of Zambia, by our representatives assembled in our Parliament, having
solemnly resolved to constitute Zambia into a Sovereign Democratic Republic; In
Pursuance of our determination to uphold our inherent and inviolable right to decide,
appoint and proclaim the means and style whereby we shall govern ourselves as a
united and indivisible Sovereign State; Proceedings from the premise that all men
have the right freely to determine and build their own political, economic and social
system by ways and means of their own free choice; Determined to ensure the rights
of all men to participate fully and without hindrance in the affairs of their own
government and in shaping the destiny of their own mother land; Recognizing that
individual rights of citizens including freedom, justice, liberty and quality are founded
on the realization of the rights and duties of all men in the protection of life, liberty
and property, freedom of conscience, expression and association within the context of
our National Constitution; Recognizing the right to work, to free choice of
employment, to just and favourable conditions of work and to protection against
unemployment; Pledging to all citizens the right to equal access to social, economic
and cultural services and facilities provided by the State or by public authorities;
Recognizing that the family is the natural and fundamental unit of society and should
be protected by the State; Pledging to every citizen the right to education; Pledging
further to all citizens the bounden duty of the State to respect the rights and dignity of
all members of the human family, to uphold the laws of the State and to conduct the
affairs of the state in such manner that its resources are preserved, developed and
enjoyed for the benefit of its citizens as a whole; do hereby enact and give to
ourselves this Constitution.

7

P
ART I N ATIONAL SOVEREIGNTY AND STATE
Article 1 Declaration of Republic
(1) Zambia is a sovereign Republic. (2) This Constitution is the Supreme Law of
Zambia and if any other law is inconsistent with this Constitution, that other law shall,
to the extent of the inconsistency, be void; (3) The official language of Zambia shall
be English.
Article 2 Public Seal
The Public Seal of the Republic shall be such as may be prescribed by and under an
Act of Parliament.
Article 3 National Anthem and National Emblem
The National Anthem and the National Emblem shall be such as may be prescribed by
or under an Act of Parliament.

PART II C ITIZENSHIP
Article 4 Citizens of Zambia
(1) Every person who immediately before the commencement of this Constitution was
a citizen of Zambia shall continue to be a citizen of Zambia after the commencement
of this Constitution. (2) A person who was granted citizenship of Zambia before the
commencement of this Constitution subject to the performance of any conditions
following the happening of a future event, shall become a citizen upon the
performance of such conditions.
Article 5 Children of Zambia
A person born in or outside Zambia after the commencement of this Constitution shall
become a citizen of Zambia at the date of his birth if on that date at least one of his
parents is a citizen of Zambia.
Article 6 Registration as Citizens
(1) Any person who: (a) has attained the age of twenty-one years or is or has been
married to a citizen of Zambia; and (b) has been ordinarily resident in Zambia for a
continuous period of not less than ten years immediately preceding that person’s
application for registration; or (c) is a woman who has been married to a citizen of
Zambia for a period of more than three years preceding 24 July 1988; shall be entitled
to apply to the Citizenship Board, in such manner as may be prescribed by or under an
Act of Parliament, to be registered as a citizen of Zambia. (2) An application for
registration as a citizen under this Article shall not be made by or on behalf of any
person who, under any law in force in Zambia, is adjudged or otherwise declared to be
of unsound mind. (3) Parliament may provide that any period during which a person
has the right to reside in Zambia by virtue of a permit issued under the authority of
any law relating to immigration shall not be taken into account in computing the
period of ten years referred to in paragraph (b) of clause (1).
Article 7 Powers of Parliament
Parliament may make provision for: (a) the acquisition of citizenship of Zambia by
persons who are not eligible to become citizens of Zambia under this Part; (b)
depriving any person of his citizenship of Zambia: Provided that a person who is a

8 citizen: (i) by virtue of Article 5 and was citizen of Zambia before the commencement
of this Constitution otherwise than by registration or naturalization; or (ii) by virtue of
Article 6, shall not be deprived of his citizenship except upon the ground that he is a
citizen of a country other than Zambia; and (c) the renunciation by any person of his
citizenship of Zambia.
Article 8 Citizenship Board
Parliament may make provision for the establishment of a Citizenship Board to deal
with any of the matters falling under the provisions of Articles 6 or 7.
Article 9 Cession of Citizenship
(1) A Citizen of Zambia shall cease to be such a citizen if at any time he acquires the
citizenship of a country other than Zambia by a voluntary act other than marriage or
does any act indicating his intention to adopt or make use of such citizenship. (2) A
person who: (a) becomes a citizen of Zambia by registration; and (b) is, immediately
after he becomes a citizen of Zambia, also a citizen of some other country; shall,
subject to clause (4), cease to be a citizen of Zambia at the expiration of three months
after he becomes a citizen of Zambia unless he has renounced the citizenship of that
other country, taken the oath of allegiance and made and registered such declaration
of his intention concerning residence as may be prescribed by or under an Act of
Parliament. (3) For the purpose of this Article, where, under the law of a country other
than Zambia, a person cannot renounce his citizenship of that other country he need
not make such renunciation but he may instead be required to make such declaration
concerning that citizenship as may be prescribed by or under an Act of Parliament. (4)
Provision may be made by or under an Act of Parliament for extending the period
within which any person may make a renunciation of citizenship, take oath or make or
register a declaration for the purpose of this Article, and if such provision is made that
person shall cease to be a citizen of Zambia only if at the expiration of the extended
period he has not then made the renunciation, taken the oath or made or registered the
declaration, as the case may be.
Article 10 Interpretation
(1) For the purpose of this Part, a person born aboard a registered ship or aircraft, or
aboard an unregistered ship or aircraft of the Government of any country, shall be
deemed to have been born in the place in which the ship or aircraft was registered or,
as the case may be, in that country. (2) Any reference in this Part to the national status
of the parent of a person at the time of the birth of that person shall, in relation to a
person born after the death of his parent, be construed as a reference to the national
status of the parent at the time of the parent’s death. (3) For the avoidance of doubt, it
is hereby declared that a person born in Zambia before the 1st of April, 1986, whose
father was an established resident shall continue to enjoy the rights and privileges, and
shall remain subject to the law prevailing immediately before that date. (4) For the
purposes of this Part “Citizenship Board” means the Citizenship Board established by
or under an Act of Parliament; “established resident” means a person who,
immediately before the 1st April, 1986, qualified for that status in accordance with the
law then prevailing.

9
PART III P ROTECTION OF FUNDAMENTAL R IGHTS AND
FREEDOM OF THE INDIVIDUAL
Article 11 Fundamental Rights and Freedoms
It is recognized and declared that every person in Zambia has been and shall continue
to be entitled to the fundamental rights and freedoms of the individual, that is to say,
the right, whatever his race, place of origin, political opinions, colour, creed, sex or
marital status, but subject to the limitations contained in this Part, to each and all of
the following, namely: (a) life, liberty, security of the person and the protection of the
law; (b) freedom of conscience, expression, assembly, movement and association; (c)
protection of young persons from exploitation; (d) protection for the privacy of his
home and other property and from deprivation of property without compensation; and
the provisions of this Part shall have effect for the purpose of affording protection to
those rights and freedoms subject to such limitations designed to ensure that the
enjoyment of the said rights and freedoms by any individual does not prejudice the
rights and freedoms of others or the public interest.
Article 12 Right to Life
(1) No person shall be deprived of his life intentionally except in execution of the
sentence of a court in respect of a criminal offence under the law in force in Zambia
of which he has been convicted. (2) No person shall deprive an unborn child of life by
termination of pregnancy except in accordance with the conditions laid down by an
Act of Parliament for that purpose. (3) Without prejudice to any liability for a
contravention of any other law with respect to the use of force in such cases; as are
hereinafter mentioned, a person shall not be regarded as having been deprived of his
life in contravention of this Article if he dies as a result of the use of force to such
extent as is reasonably justifiable in the circumstances of the case: (a) for the defence
of any person from violence or for the defence of property; (b) in order to effect a
lawful arrest or to prevent the escape of a person lawfully detained; (c) for the purpose
of suppressing a riot, insurrection, mutiny or if he dies as a result of a lawful act of
war; (d) in order to prevent the commission by that person of a criminal offence.
Article 13 Personal Liberty
(1) No person shall be deprived of his personal liberty except as may be authorized by
law in any of the following cases: (a) in execution of a sentence or order of a court,
whether established for Zambia or some other country, in respect of a criminal
offence or which he has been convicted; (b) in execution of an order of a court of
record punishing him for contempt of that court or of a court inferior to it; (c) in
execution of an order of a court made to secure the fulfilment of any obligation
imposed on him by law; (d) for the purpose of bringing him before a court in
execution of an order of a court; (e) upon reasonable suspicion of his having
committed, or being about to commit, a criminal offence under the law in force in
Zambia; (f) under an order of a court or with the consent of his parent or guardian, for
his education or welfare during any period ending not later than the date when he
attains the age of eighteen years; (g) for the purpose of preventing the spread of an
infectious or contagious disease; (h) in the case of a person who is, or is reasonably
suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the
purpose of this care or treatment or the protection of the community; (i) for the
purpose of preventing the unlawful entry of that person into Zambia, or for the
purpose of effecting the expulsion, extradition or other lawful removal of that person

10 from Zambia or for the purpose of restricting that person while he is being conveyed
through Zambia in the course of his extradition or removal as a convicted prisoner
from one country to another; or (j) to such extent as may be necessary in the execution
of a lawful order requiring that person to remain within a specified area within
Zambia or prohibiting him from being within such area, or to such extent as may be
reasonably justifiable for the taking of proceedings against that person relating to the
making of any such order, or to such extent as may be reasonably justifiable for
restraining that person during any visit that he is permitted to make to any part of
Zambia in which, in consequence of any such order, his presence would otherwise be
unlawful. (2) any person who is arrested or detained shall be informed as soon as
reasonably practicable, in a language that he understands, of the reasons for his arrest
or detention. (3) Any person who is arrested or detained: (a) for the purpose of
bringing him before a court in execution of an order of a court; or (b) upon reasonable
suspicion of his having committed, or being about to commit, a criminal offence
under the law in force in Zambia; and who is not released, shall be brought without
undue delay before a court; and if any person arrested or detained under paragraph (b)
is not tried within a reasonable time, then, without prejudice to any further
proceedings that may be brought against him, he shall be released either
unconditionally or upon reasonable conditions, including in particular such conditions
as are reasonably necessary to ensure that the appears at a later date for trial or for
proceedings preliminary to trial. (4) Any person who is unlawfully arrested or
detained by any other person shall be entitled to compensation therefore from that
other person.
Article 14 Protection from Slavery and Forced Labour
(1) No person shall be held in slavery or servitude. (2) No person shall be required to
perform forced labour. (3) For the purpose of this Article, the expression “force
labour” does not include: (a) any labour required in consequence of a sentence or
order of a court; (b) labour required of any person while he is lawfully detained that,
though not required in consequence of a sentence or order of a court, is reasonably
necessary in the interests of hygiene or for the maintenance of the place at which he is
detained; (c) any labour required of a member of a disciplined force in pursuance of
his duties as such or, in the case of a person who has conscientious objections to
service as a member of a naval, military or air force, any labour that that person is
required by law to perform in place of such service; (d) any labour required during
any period when the Republic is at war or a declaration under Article 30 or 31 is in
force or in the event of any other emergency or calamity that threatens the life and
well-being of the community, to the extent that the requiring of such labour is
reasonably justifiable in the circumstances of any situation arising or existing during
that period, or as a result of that other emergency or calamity, for the purpose of
dealing with that situation; or (e) any labour reasonably required as part of reasonable
and normal communal or other civic obligation.
Article 15 Protection from Inhuman Treatment
No person shall be subjected to torture, or to inhuman or degrading punishment or
other like treatment.
Article 16 Protection from Deprivation of Property
(1) Except as provided in this Article, no property of any description shall be
compulsorily taken possession of, and no interest in or right over property of any
description shall be compulsorily acquired, unless by or under the authority of an Act

11 of Parliament which provides for payment of adequate compensation for the property
or interest or right to be taken possession of or acquired. (2) Nothing contained in or
done under the authority of any law shall be held to be inconsistent with or in
contravention of clause (1) to the extent that it is shown that such law provides for the
taking possession or acquisition of any property or interest therein or right there over:
(a) in satisfaction of any tax, rate or due; (b) by way of penalty for breach of any law,
whether under civil process or after conviction of an offence; (c) in execution of
judgements or orders of courts; (d) upon the attempted removal of the property in
question out of or into Zambia in contravention of any law; (e) as an incident of a
contract including a lease, tenancy, mortgage, charge, pledge or bill of sale or of a title
deed to land; (f) for the purpose of its administration, care or custody on behalf of and
for the benefit of the person entitled to the beneficial interest therein; (g) by way of
the vesting of enemy property or for the purpose of the administration of such
property; (h) for the purpose of: (i) the administration of the property of a deceased
person, a person of unsound mind or a person who has not attained the age of eighteen
years, for the benefit of the persons entitled to the beneficial interest therein; (ii) the
administration of the property of a person adjudged bankrupt or a body corporate in
liquidation, for the benefit of the creditors of such bankrupt or body corporate and,
subject thereto, for the benefit of other persons entitled to the beneficial interest in the
property; (iii) the administration of the property of a person who has entered into a
deed of arrangement for the benefit of his creditors; or (iv) vesting any property
subject to a trust in persons appointed as trustees under the instrument creating the
trust or by a court or, by order of a court, for the purpose of giving effect to the trust;
(i) in consequence of any law relating to the limitation of actions; (j) in terms of any
law relating to abandoned, unoccupied, unutilised or undeveloped land, as defined in
such law; (k) in terms of any law relating to absent or non-resident owners, as defined
in such law, of any property; (l) in terms of any law relating to trusts or settlements;
(m) by reason of the property in question being in a dangerous state or prejudicial to
the health or safety of human beings, animals or plants; (n) as a condition in
connection with the granting of permission for the utilization of that or other property
in any particular manner; (o) for the purpose of or in connection with the prospecting
for or exploitation of, minerals belonging to the Republic on terms which provide for
the respective interests of the persons affected; (p) in pursuance of a provision of the
marketing of property of that description in the common interests of the various
persons otherwise entitled to dispose of that property; (q) by way of the taking of a
sample for the purposes of any law; (r) by way of acquisition of the shares, or a class
of shares, in a body corporate on terms agreed to by the holders of not less than nine-
tenths in value of those shares or that class of shares; (s) where the property consists
of an animal, upon its being found trespassing or straying; (t) for so long as may be
necessary for the purpose of any examination, investigation, trial or inquiry or, in the
case of the land, the carrying out thereon: (i) of work for the purpose of the
conservation of natural resources or any description; or (ii) of agricultural
development or improvement which the owner or occupier of the land has been
required, and has without reasonable and lawful excuse refused or failed, to carry out;
(u) where the property consists of any license or permit; (v) where the property
consists of wild animals existing in their natural habitat or the carcasses of wild
animals; (w) where the property is held by a body corporate established by law for
public purposes and in which no moneys have been invested other than moneys
provided by Parliament; (x) where the property is any mineral, mineral oil or natural
gases or any rights accruing by virtue of any title or license for the purpose of

12 searching for or mining any mineral, mineral oil or natural gases: (i) upon failure to
comply with any provision of such law relating to the title or license or to the exercise
of the rights accruing or to the development or exploitation of any mineral, mineral oil
or natural gases; or (ii) in terms of any law vesting any such property or rights in the
President; (y) for the purpose of the administration or disposition of such property or
interest or right by the President in implementation of a comprehensive land policy or
of a policy designed to ensure that the statute law, the Common Law and the doctrines
of equity relating to or affecting the interest in or rights over land, or any other
interests or right enjoyed by Chiefs and persons claiming through and under them,
shall apply with substantial uniformity throughout Zambia; (z) in terms of any law
providing for the conversion of titles to land from freehold to leasehold and the
imposition of any restriction on subdivision, assignment or sub-letting; (aa) in terms
of any law relating to: (i) the forfeiture or confiscation of the property of a person who
has left Zambia for the purpose or apparent purpose, of defeating the ends of justice;
(ii) the imposition of a fine on, and the forfeiture or confiscation of the property of, a
person who admits a contravention of any law relating to the imposition or collection
of any duty or tax or to the prohibition or control of dealing or transactions in gold,
currencies, or securities. (3) An Act of Parliament such as is referred to in clause (1)
shall provide that in default of agreement, the amount of compensation shall be
determined by a court of competent jurisdiction.
Article 17 Privacy of Home and Other Property
(1) Except with his own consent, no person shall be subjected to the search of his
person or his property or the entry by others on his premises. (2) Nothing contained in
or done under the authority of any law shall be held to be inconsistent with or in
contravention of this Article to the extent that it is shown that the law in question
makes provision: (a) that is reasonably required in the interests of defence, public
safety, public order, public morality, public health, town and country planning, the
development and utilization of mineral resources, or in order to secure the
development or utilization of any property for a purpose beneficial to the community;
(b) that is reasonably required for the purpose of protecting the rights or freedoms of
other persons; (c) that authorizes an officer or agent of the Government, a local
government authority or a body corporate established by law for a public purpose to
enter on the premises or anything thereon for the purpose of any tax, rate or due or in
order to carry out work connected with any property that is lawfully on those premises
and that belongs to that Government, authority, or body corporate, as the case may be;
or (d) that authorizes, for the purpose of enforcing the judgement or order of a court in
any civil proceedings, the search of any person or property by order of a court or entry
upon any premises by such order; and except so far as that provision or, as the case
may be, anything done under the authority thereof is shown not to be reasonably
justified in a democratic society.
Article 18 Protection of Law
(1) If any person is charged with a criminal offence, then, unless the charge is
withdrawn, the case shall be afforded a fair hearing within a reasonable time by an
independent and impartial court established by law. (2) Every person who is charged
with a criminal offence: (a) shall be presumed to be innocent until he is proved or has
pleaded guilty; (b) shall be informed as soon as reasonably practicable, in a language
that he understands and in detail, of the nature of the offence charged; (c) shall be
given adequate time and facilities for the preparation of his defence; (d) shall unless
legal aid is granted him in accordance with the law enacted by Parliament for such

13 purpose be permitted to defend himself before the court in person, or at his own
expense, by a legal representative of his own choice; (e) shall be afforded facilities to
examine in person or by his legal representative the witnesses called by the
prosecution before the court, and to obtain the attendance and carry out the
examination of witnesses to testify on his behalf before the court on the same
conditions as those applying to witnesses called by the prosecution; and (f) shall be
permitted to have without payment the assistance of an interpreter if he cannot
understand the language used at the trial of the charge; and except with his own
consent the trial shall not take place in his absence unless he so conducts himself as to
render the continuance of the proceedings in his presence impracticable and the court
has ordered him to be removed and the trial to proceed in his absence. (3) When a
person is tried for any criminal offence, the accused person or any person authorized
by him in that behalf shall, if he so requires and subject to payment of such reasonable
fee as may be prescribed by law, be given within a reasonable time after judgment a
copy for the use of the accused person of any record of the proceedings made by or on
behalf of the court. (4) No person shall be held to be guilty of a criminal offence on
account of any act or omission that did not, at the time it took place, constitute such an
offence, and no penalty shall be imposed for any criminal offence that is severer in
degree or description that the maximum penalty that might have been imposed for that
offence at the time it was committed. (5) No person who shows that he has been tried
by a competent court for a criminal offence and either convicted or acquitted shall
again be tried for that offence or for any other criminal offence of which he could
have been convicted at the trial for that offence, except upon the order of a superior
court in the course of appeal or review proceedings relating to the conviction or
acquittal. (6) No person shall be tried for a criminal offence if he shows that he has
been pardoned for that offence. (7) No person who is tried for a criminal offence shall
be compelled to give evidence at the trial. (8) No person shall be convicted of a
criminal offence unless that offence is defined and the penalty is prescribed in a
written law: Provided that nothing in this clause shall prevent a court of record from
punishing any person for contempt of itself notwithstanding that the act or omission
constituting the contempt is not defined in written law and the penalty therefore is not
so prescribed. (9) Any court or other adjudicating authority prescribed by law for the
determination of the existence or extent of any civil right or obligation shall be
established by law and shall be independent and impartial; and where proceedings for
such a determination are instituted by any person before such a court or other
adjudicating authority, the case shall be given a fair hearing within a reasonable time.
(10) Except with the agreement of all the parties thereto, all proceedings of every
court and proceedings for the determination of the existence or extent of any civil
right or obligation before any other adjudicating authority, including the
announcement of the decision of the court or other authority, shall be held in public.
(11) Nothing in clause (10) shall prevent the court or other adjudicating authority
from excluding from the proceedings persons other than the parties thereto and their
legal representatives to such extent as the court or other authority: (a) may consider
necessary or expedient in circumstances where publicity would prejudice the interest
of justice or in interlocutory proceedings; or (b) may be empowered by law to do in
the interest of defence, public safety, public order, public morality, the welfare of
persons under the age of eighteen years or the protection of the private lives of
persons concerned in the proceedings. (12) Nothing contained in or done under the
authority of any law shall be held to be inconsistent with or in contravention of : (a)
paragraph (a) of clause (2) to the extent that it is shown that the law in question

14 imposes upon any person charged with a criminal offence the burden of proving
particular facts; (b) paragraph (d) of clause (2) to the extent that it is shown that the
law in question prohibits legal representation before a subordinate court in
proceedings for an offence under Zambian customary law, being proceedings against
any person who, under that law, is subject to that law; (c) paragraph (e) of clause (2)
to the extent that it is shown that the law in question imposes reasonable conditions
that must be satisfied if witnesses called to testify on behalf of an accused person are
to be paid their expenses out of public funds; (d) clause (2) to the extent that it is
shown that the law provides that: (i) where the trial of any person for any offence
prescribed by or under the law has been adjourned and the accused, having pleaded to
the charge, fails to appear at the time fixed by the court for the resumption of his trial
after the adjournment, the proceedings may continue notwithstanding the absence of
the accused if the court, being satisfied that, having regard to all the circumstances of
the case, it is just and reasonable so to do, so orders; and (ii) the court shall set aside
any conviction or sentence pronounced in the absence of the accused in respect of that
offence if the accused satisfies the court without undue delay that the cause of his
absence was reasonable and that he had a valid defence to the charge; (e) clause (2) to
the extent that it is shown that the law provides that a trial of a body corporate may
take place in the absence of any representative of the body corporate upon a charge in
respect of which a plea of not guilty has been entered by the court; (f) clause (5) to the
extent that it is shown that the law in question authorizes a court to try a member of a
disciplined forced for a criminal offence notwithstanding any trial and conviction or
acquittal of that member under the disciplinary law of that force, so, however, that any
court so trying such a member and convicting him shall in sentencing him to any
punishment take into account any punishment awarded him under that disciplinary
law. (13) In the case of any person who is held in lawful detention, clause (1),
paragraphs (d) and (e) of clause (2) and clause (3) shall not apply in relation to his
trial for a criminal offence under the law regulating the discipline of persons held in
detention. (14) In its application to a body corporate clause (2) shall have effect as if
the words “in person or” were omitted from paragraph (d) and (e). (15) In this Article
“criminal offence” means a criminal offence under the law in force in Zambia.
Article 19 Freedom of Conscience
(1) Except with his own consent, no person shall be hindered in the enjoyment of his
freedom of conscience, and for the purposes of this Article the said freedom includes
freedom of thought and religion, freedom to change his religion or belief, and
freedom, either alone or in community with others, and both in public and in private,
to manifest and propagate his religion or belief in worship, teaching, practice and
observance. (2) Except with his own consent, or, if he is a minor, the consent of his
guardian, no person attending any place of education shall be required to receive
religious instruction or to take part in or attend any religious ceremony or observance
if that instruction, ceremony or observance relates to a religion other than his own. (3)
No religious community or denomination shall be prevented from providing religious
instruction for persons of that community or denomination in the course of any
education provided by the community or denomination or from establishing and
maintaining institutions to provide social services for such persons. (4) No person
shall be compelled to take any oath which is contrary to his religion or belief or to
take any oath in a manner which is contrary to his religion or belief. (5) Nothing
contained in or done under the authority of any law shall be held to be inconsistent
with or in contravention of this Article to the extent that it is shown that the law in

15 question makes provision which is reasonably required: (a) in the interests of defence,
public safety, public order, public morality or public health; or (b) for the purpose of
protecting the rights and freedoms of other persons, including the right to observe and
practice any religion without the unsolicited intervention of members of any other
religion; and except so far as that provision or, the thing done under the authority
thereof as the case may be, is shown not to be reasonably justified in a democratic
society.
Article 20 Freedom of Expression
(1) Except with his own consent, no person shall be hindered in the enjoyment of his
freedom of expression, that is to say, freedom to hold opinions without interference,
freedom to receive ideas and information without interference, freedom to impart and
communicate ideas and information without interference, whether the communication
be to the public generally or to any person or class of persons, and freedom from
interference with his correspondence. (2) Subject to the provisions of this Constitution
no law shall make any provision that derogates from freedom of the press. (3) Nothing
contained in or done under the authority of any law shall be held to be inconsistent
with or in contravention of this Article to the extent that it is shown that the law in
question makes provision: (a) that is reasonably required in the interests of defence,
public safety, public order, public morality or public health; or (b) that is reasonably
required for the purpose of protecting the reputations, rights and freedoms of other
persons or the private lives of persons concerned in legal proceedings, preventing the
disclosure of information received in confidence, maintaining the authority and
independence of the courts, regulating educational institutions in the interests of
persons receiving instruction therein, or the registration of, or regulating the technical
administration or the technical operation of, newspapers and other publications,
telephony, telegraphy, posts, wireless broadcasting or television; or (c) that imposes
restrictions on public officers; and except so far as that provision or, the thing done
under the authority thereof as the case may be, is shown not to be reasonably
justifiable in a democratic society.
Article 21 Freedom of Assembly and Association
(1) Except with his own consent, no person shall be hindered in the enjoyment of his
freedom of assembly and association, that is to say, his right to assemble freely and
associate with other persons and in particular to form or belong to any political party,
trade union or other association for the protection of his interests. (2) Nothing
contained in or done under the authority of any law shall be held to be inconsistent
with or in contravention of this Article to the extent that it is shown that the law in
question makes provision: (a) that is reasonably required in the interests of defence,
public safety, public order, public morality or public health; (b) that is reasonably
required for the purpose of protecting the rights or freedoms of other persons; (c) that
imposes restrictions upon public officers; or (d) for the registration of political parties
or trade unions in a register established by or under a law and for imposing reasonable
conditions relating to the procedure for entry on such register including conditions as
to the minimum number of persons necessary to constitute a trade union qualified for
registration; and except so far as that provision or, the thing done under the authority
thereof as the case may be, is shown not to be reasonably justifiable in a democratic
society.

16 Article 22 Freedom of Movement
(1) Subject to the other provision of this Article and except in accordance with any
other written law, no citizen shall be deprived of his freedom of movement, and for
the purposes of this Article freedom of movement means: (a) the right to move freely
throughout Zambia; (b) the right to reside in any part of Zambia; and (c) the right to
leave Zambia and to return to Zambia. (2) Any restrictions on a person’s freedom of
movement that relates to his lawful detention shall not be held to be inconsistent with
or in contravention of this Article. (3) Nothing contained in or done under the
authority of any law shall be held to be inconsistent with or in contravention of this
Article to the extent that it is shown that the law in question makes provision: (a) for
the imposition of restrictions that are reasonably required in the interests of defence,
public safety, public order, public morality or public health or the imposition or
restrictions on the acquisition or use by any person of land or other property in
Zambia, and except so far as that provision or, the thing done under the authority
thereof, as the case may be, is shown not be reasonably justifiable in a democratic
society; (b) for the imposition of restrictions on the freedom of movement of any
person who is not a citizen of Zambia; (c) for the imposition of restrictions upon the
movement or residence within Zambia of public officers; or (d) for the removal of a
person from Zambia to be tried outside Zambia for a criminal offence or to undergo
imprisonment in some other country in execution of the sentence of a court in respect
of a criminal offence under the law in force in Zambia of which he has been
convicted.
Article 23 Protection from Discrimination
(1) Subject to clauses (4), (5) and (7), no law shall make any provision that is
discriminatory either of itself or in its effect. (2) Subject to clauses (6), (7) and (8), no
person shall be treated in a discriminatory manner by any person acting by virtue of
any written law or in the performance of the functions of any public office or any
public authority. (3) In this Article the expression “discriminatory” mean, affording
different treatment to different persons attributable, wholly or mainly to their
respective descriptions by race, tribe, sex, place of origin, marital status, political
opinions color or creed whereby persons of one such description are subjected to
disabilities or restrictions to which persons of another such description are not made
subject or are accorded privileges or advantages which are not accorded to persons of
another such description. (4) Clause (1) shall not apply to any law so far as that law
makes provision: (a) for the appropriation of the general revenues of the Republic; (b)
with respect to persons who are not citizens of Zambia; (c) with respect to adoption,
marriage, divorce, burial, devolution of property on death or other matters of personal
law; (d) for the application in the case of members of a particular race or tribe, of
customary law with respect to any matter to the exclusion of any law with respect to
that matter which is applicable in the case of other persons; or (e) whereby persons of
any such description as is mentioned in clause (3) may be subjected to any disability
or restriction or may be accorded any privilege or advantage which, having regard to
its nature and to special circumstances pertaining to those persons or to persons of any
other such description, is reasonably justifiable in a democratic society. (5) Nothing
contained in any law shall be held to be inconsistent with or in contravention of clause
(1) to the extent that it is shown that it makes reasonable provision with respect to
qualifications for service as a public officer or as a member of a disciplined force or
for the service of a local government authority or a body corporate established directly
by any law. (6) Clause (2) shall not apply to anything which is expressly or by

17 necessary implication authorized to be done by any such provision or law as is
referred to in clause (4) or (5). (7) No thing contained in or done under the authority
of any law shall be held to be inconsistent with or in contravention of this Article to
the extent that it is shown that the law in question makes provision whereby persons
of any such description as is mentioned in clause (3) may be subjected to any
restriction on the rights and freedoms guaranteed by Articles 17, 19, 20, 21 and 22,
being such a restriction as is authorized by clause (2) of Article 17, clause (5) of
Article 19, clause (2) of Article 20, clause (2) of Article 21 or clause (3) of Article 22,
as the case may be. (8) Nothing in clause (2) shall affect any discretion relating to the
institution, conduct or discontinuance of civil or criminal proceedings in any court
that is vested in any person by or under this Constitution or any other law.
Article 24 Protection of Young Persons from Exploitation
(1) No young person shall be employed and shall in no case be caused or permitted to
engage in any occupation or employment which would prejudice his health or
education or interfere with his physical, mental or moral development: Provided that
an Act of Parliament may provide for the employment of a young person for a wage
under certain conditions. (2) All young persons shall be protected against physical or
mental ill-treatment, all forms of neglect, cruelty or exploitation. (3) No young person
shall be the subject of traffic in any form. (4) In this Article “young person” means
any person under the age of fifteen years.
Article 25 Derogation from Fundamental Rights and Detention
Nothing contained in or done under the authority of any law shall be held to be
inconsistent with or in contravention of Articles 13, 16, 17, 19, 20, 21, 22, 23, or 24 to
the extent that it is shown that the law in question authorizes the taking, during any
period when the Republic is at war or when a declaration under Article 30 is in force,
or measures for the purpose of dealing with any situation existing or arising during
that period; and nothing done by any person under the authority of any such law shall
be held to be in contravention of any of the said provisions if it is shown that the
measures taken were, having due regard to the circumstances prevailing at the time,
reasonably required for the purpose of dealing with the situation in question.
Article 26 Restriction and Detention
(1) where a person’s freedom of movement is restricted, or he is detained, under the
authority of any such law as is referred to in Article 22 or 25, as the case may be, the
following provisions shall apply: (a) he shall, as soon as reasonably practicable and in
any case not more than fourteen days after the commencement of his detention or
restriction, be furnished with a statement in writing in a language that he understands
specifying in detail the grounds upon which he is restricted or detained; (b) not more
than fourteen days after the commencement of his restriction or detention a
notification shall be published in the Gazette stating that he has been restricted or
detained and giving particulars of the place of detention and the provision of law
under which his restriction or detention is authorized; (c) if he so requests at any time
during the period of such restriction or detention not earlier than three months after
the commencement thereof or after he last made such a request during that period, as
the case may be, his case shall be reviewed by an independent and impartial tribunal
established by law and presided over by a person, appointed by the Chief Justice, who
is or is qualified to be a judge of the High Court; (d) he shall be afforded reasonable
facilities to consult a legal representative of his own choice who shall be permitted to
make representations to the authority by which the restriction or detention was

18 ordered or to any tribunal established for the review of his case; and (e) at the hearing
of his case by such tribunal he shall be permitted to appear in person or by a legal
representative of his own choice. (2) On any review by a tribunal under this Article,
the tribunal shall advise the authority by which it was ordered on the necessity or
expediency of continuing his restriction or detention and that authority shall be
obliged to act in accordance with any such advice. (3) The President may at any time
refer to the tribunal the case of any person who has been or is being restricted or
detained pursuant to any restriction or detention order. (4) Nothing contained in
paragraph (d) or (e) of clause (1) shall be construed as entitling a person to legal
representation at public expense. (5) Parliament may make or provide for the making
of rules to regulate the proceedings of any such tribunal including but without
derogating from the generality of the foregoing, rules as to evidence and the
admissibility thereof, the receipt of evidence including written reports in the absence
of the restricted or detained person and his legal representative, and the exclusion of
the public from the whole or any portion of the proceedings. (6) Clauses (11) and (12)
or Article 18 shall be read and construed subject to the provisions of this Article.
Article 27 Reference of Certain Matters to Special Tribunal
(1) Whenever: (a) a request is made in accordance with clause (2) for a report on a bill
or statutory instrument; or (b) the Chief Justice considers it necessary for the purpose
of determining claims for legal aid in respect of proceedings under Article 30 or 31;
the Chief Justice shall appoint a tribunal which shall consist of two persons selected
by him from amongst persons who hold or have held the office of a judge of the
Supreme Court or the High Court. (2) A request for a report on a bill or a statutory
instrument may be made by not less than thirty members of the National Assembly by
notice in writing delivered: (a) in the case of a bill, to the Speaker within three days
after the final reading of the bill in the Assembly. (b) in the case of a statutory
instrument, to the authority having power to make the instrument within fourteen days
of the publication of the instrument in the Gazette. (3) Where a tribunal is appointed
under this Article for the purpose of reporting on a bill or a statutory instrument, the
tribunal shall, within the prescribed period, submit a report to the President and to the
Speaker of the National Assembly stating: (a) in the case of a bill, whether or not in
the opinion of the tribunal any, and if so which, provisions of the bill are inconsistent
with this Constitution; (b) in the case of a statutory instrument, whether or not in the
opinion of the tribunal any, and if so which, provisions of the instrument are
inconsistent with this Constitution; and, if the tribunal reports that any provision
would be or is inconsistent with this Constitution, the grounds upon which the tribunal
has reached that conclusion. Provided that if the tribunal considers that the request for
a report on a bill or statutory instrument is merely frivolous or vexatious, it may so
report to the President without entering further upon the question whether the bill or
statutory instrument would be or is inconsistent with this Constitution. (4) In
determining any claim for legal aid as referred to in clause (2), the tribunal may grant
to any person who satisfies it that: (a) he intends to bring or is an applicant in
proceedings under clause (1) or (4) of Article 28; (b) he has reasonable grounds for
bringing the application; and (c) he cannot afford to pay for the cost of the
application; a certificate that the application is a proper case to be determined at
public expenses: Provided that paragraph (c) shall not apply in any case where the
application relates to the validity or a provision of law in respect of which the tribunal
has reported that it would be or is inconsistent with this Constitution or where it
appears to the tribunal that issues are or will be raised in the application which are of

19 general importance. (5) Where a certificate is granted to any person by the tribunal in
pursuance of clause (4), there shall be paid to that person out of the general revenues
of the Republic such amount as the tribunal, when hearing the application, may assess
as the costs incurred by that person in connection with the application; and the sums
required for making such payment shall be a charge on the general revenue of the
Republic. (6) For the purposes of clause (5): (a) the costs incurred in an application
shall include the cost of obtaining the advice of a legal representative and, if
necessary, the cost of representation by a legal representative in any court in steps
preliminary or incidental to the application; (b) in assessing the costs reasonably
incurred by a person in an application regard shall be had to costs awarded against
that person or recovered by him in those proceedings. (7) In this Article, “prescribed
period” means: (a) in relation to a bill, the period commencing from the appointment
of the tribunal to report upon the bill and ending thirty days thereafter or if the
Speaker, on the application of the tribunal considers that owing to the length or
complexity of the bill thirty days is insufficient for consideration of the bill, ending on
such later day as the Speaker may determine; (b) in relation to a statutory instrument,
the period of forty days commencing with the day on which the instrument is
published in the Gazette. (8) Nothing in clause (1), (2) or (3) shall apply to a bill for
the appropriation of the general revenues of the Republic or a bill containing only
proposals for expressly altering this Constitution or the Constitution of Zambia Act,
1991.
Article 28 Enforcement of Protective Provisions
(1) Subject to clause (5), if any person alleges that any of the provisions of Articles 11
to 26 inclusive has been, is being or is likely to be contravened in relation to him,
then, without prejudice to any other action with respect to the same matter which is
lawfully available, that person may apply for redress to the High Court which shall:
(a) hear and determine any such application; (b) determine any question arising in the
case of any person which is referred to it in pursuance of clause (2); and which may,
make such order, issue such writs and give such directions as it may consider
appropriate for the purpose of enforcing, or securing the enforcement of, any of the
provisions of Articles 11 to 26 inclusive. (2)(a) If in any proceedings in any
subordinate court any question arises as to the contravention of any of the provisions
of Articles 11 to 26 inclusive, the person presiding in that court may, and shall if any
party to the proceedings so requests, refer the question to the High Court unless, in his
opinion the raising of the question is merely frivolous or vexatious. (b) Any person
aggrieved by any determination of the High Court under this Article may appeal
therefrom to the Supreme Court: Provided that no appeal shall lie from a
determination of the High Court under this Article dismissing an application on the
ground that it is frivolous and vexatious. (3) No application shall be brought under
clause (1) on the grounds that the provisions of Articles 11 to 26 (inclusive) are likely
to be contravened by reason of proposals contained in any bill which, at the date of
the application, has not become a law. (4) Parliament may confer upon the Supreme
Court or High Court such jurisdiction or powers in addition to those conferred by this
Article as may appear to be necessary or desirable of the purpose of enabling that
Court more effectively to exercise the jurisdiction conferred upon it by this Article or
of enabling any application for redress to be more speedily determined.
Article 29 Declaration of War
(1) The President may, in consultation with Cabinet, at any time, by Proclamation
published in the Gazette declare war. (2) A declaration made under clause (1) shall

20 continue in force until the cessation of hostilities. (3) An Act of Parliament shall
provide for the conditions and circumstances under which a declaration may be made
under clause (1).
Article 30 Declaration of Public Emergency
(1) The President may, in consultation with Cabinet, at any time, by Proclamation
published in the Gazette declare that a State of public emergency exists. (2) A
declaration made under clause (1) of this Article shall cease to have effect on the
expiration of a period of seven days commencing with the day on which the
declaration is made unless, before the expiration of such period, it has been approved
by a resolution of the National Assembly supported by a majority of all the members
thereof not counting the Speaker. (3) In reckoning any period of seven days for the
purposes of clause (2) no account shall be taken of any time during which Parliament
is dissolved. (4) A declaration made under clause (1) may, at any time before it has
been approved by a resolution of the National Assembly, be revoked by the President
by Proclamation published in the Gazette. (5) Subject to clause (6) a resolution of the
National Assembly under clause (2) will continue in force until the expiration of a
period of three months commencing with the date of its being approved or until
revoked at such earlier date of its being so approved or until such earlier date as may
be specified in the resolution. Provided that the National Assembly may, by majority
of all the members thereof, not counting the Speaker extend the approval of the
declaration for periods of not more than three months at a time. (6) The National
Assembly may, by resolution, at any time revoke a resolution made by it under this
Article. (7) Whenever an election to the office of President results in a change of the
holder of that office, any declaration made under this Article and in force immediately
before the day on which the President assumes office shall cease to have effect on the
expiration of seven days commencing with that day. (8) The expiration or revocation
of any declaration or resolution made under this Article shall not affect the validity of
anything previously done in reliance on such declaration.
Article 31 Declaration Relating to Threatened Emergency
(1) The President may at any time by the Proclamation published in the Gazette
declare that a situation exists which, if it is allowed to continue may lead to a state of
public emergency. (2) A declaration made under clause (1) of this Article shall cease
to have effect on the expiration of a period of seven days commencing with the day on
which the declaration is made unless, before the expiration of such period, it has been
approved by a resolution of the National Assembly supported by a majority of all the
members thereof not counting the Speaker. (3) In reckoning any period of seven days
for the purpose of clause (2) no account shall be taken of any time during which
Parliament is dissolved. (4) A declaration made under clause (1), may, at any time
before it has been approved by a resolution of the National Assembly, be revoked by
the President by Proclamation published in the Gazette. (5) Subject to clause (6) a
resolution of the National Assembly under clause (2) shall continue in force until the
expiration of a period of three months commencing with the date of its being
approved or until revoked on an earlier date of its being so approved or until such
earlier date as may be specified in the resolution. (6) The National Assembly may by
resolution, at any time revoke a resolution made by it under this Article. (7) Whenever
an election to the office of President results in a change in the holder of that office,
any declaration made under this Article and in force immediately before the day on
which the President assumes office, shall cease to have effect on the expiration of
seven days commencing with that day. (8) The expiration or revocation of any

21 declaration or resolution made under this Article shall not affect the validity of
anything previously done in reliance on such declaration.
Article 32 Interpretation and Savings
(1) In this Part, unless the context otherwise requires: “contravention”, in relation to
any requirement, includes a failure to comply with that requirement and cognate
expressions shall be construed accordingly; “court” means any court of law having
jurisdiction in Zambia, other than a court established by a disciplinary law, and in
Articles 12 and 14 includes a court established by a disciplinary law; “disciplinary
law” means a law regulating the disciplined force; “disciplined force” means: (a) a
naval, military or air force; (b) the Zambia Police Force; or (c) any other force
established by or under an Act of Parliament; “legal representative” means a person
entitled to practice in Zambia as an advocate; “member”, in relation to a disciplined
force, includes any person who, under the law regulating the discipline of that force is
subject to that discipline. (2) In relation to any person who is a member of a
disciplined force raised under the law of Zambia, nothing contained in or done under
the authority of the disciplinary law of that force shall be held to be inconsistent with
or in contravention of any of the provisions of this Part other than Articles 12, 14, and
15. (3) In relation to any person who is a member of a disciplinary force raised
otherwise than as aforesaid and lawfully present in Zambia, nothing contained in or
done under the authority of the disciplinary law of that force shall be held to be
inconsistent with or in contravention of any of the provisions of this part.

P
ART IV T HE E XECUTIVE
Article 33 The office of President
(1) There shall be a President of the Republic of Zambia who shall be the Head of
State and of the Government and the Commander-in-Chief of the Defence Forces. (2)
The executive power of the Republic of Zambia shall vest in the President and,
subject to the other provisions of this Constitution, shall be exercised by him either
directly or through officers subordinate to him.
Article 34 Election of President
(1) The election of the President shall be direct by universal adult suffrage and by
secret ballot and shall be conducted in accordance with this Article and as may be
prescribed by or under an Act of Parliament. (2) An election to the office of President
shall be held whenever the National Assembly is dissolved and otherwise as provided
by Article 38. (3) A person shall be qualified to be a candidate for election as
President if he: (a) is a citizen of Zambia; (b) has attained the age of thirty-five years;
(c) is a member of, or is sponsored by, a political party; and (d) is otherwise qualified
to be elected as a member of the National Assembly. (4) A candidate for election as
President (hereinafter referred to as a Presidential candidate) shall deliver his
nomination papers to the returning officer in such manner, on such day, at such time
and at such place as may be prescribed by or under an Act of Parliament. (5) A
Presidential candidate shall not be entitled to take part in an election unless: (a) he has
paid such election fee as may be prescribed by or under an Act of Parliament on or
before the date fixed by the Electoral Commission in that behalf; and: (b) he makes,
by statutory declaration which shall be open to public inspection at such time and at
such place as may be prescribed by or under an Act of Parliament, a full declaration of
his assets and liabilities; and: (c) his nomination is supported by not less than 200

22 registered voters. (6) At an election to the office of President: (a) all persons
registered in Zambia as voters for the purposes of elections to the National Assembly
shall be entitled to vote in the election; (b) the poll shall be taken by a secret ballot on
such day, at such time, in such places and in such manner as may be prescribed by or
under an Act of Parliament; and (c) after the expiration of the time fixed for polling,
the votes cast shall be counted and the returning officer shall declare the result. (7) If,
at the initial poll, a Presidential candidate receives more than fifty per cent of the valid
votes cast, the returning officer shall declare him to be elected as President. (8) If, at
the initial poll, no Presidential candidate receives more than fifty per cent of the valid
votes cast, a further poll shall be taken in accordance with clause (6). (9) If, at the
second poll, there is still no Presidential candidate who has received more than fifty
per cent of the valid votes cast or there are two Presidential candidates who have an
equal number of votes, the returning officer shall so report to the President who shall
summon Parliament to elect the new President. (10) The President shall submit to the
National Assembly the names of those candidates who received the highest and the
next highest number of valid votes cast, or the names of the Presidential candidates
who have received an equal number of votes, and a session of the National Assembly
shall then be held for the purpose of electing the President. (11) At the session held in
accordance with clause (10), the Presidential candidate who receives the greatest
number of the valid votes cast by the members of the National Assembly present and
voting shall be declared President. (12) Where there is only one qualified Presidential
candidate nominated for election, that candidate shall be declared as elected without
an election taking place. (13) A person elected to the office of President under this
Article shall assume that office on the day upon which he is elected and sworn in.
Article 35 Tenure of Office of President
(1) Subject to clause (2) and (4) every President shall hold office for a period of five
years. (2) After the commencement of this Constitution no person who holds or has
held office as President for two terms of five years each, shall be eligible for re-
election to that office. (3) For the purposes of clause (2) the period of two terms of
five years each shall be computed from the commencement of this Constitution. (4)
The President may, at any time by writing under his hand addressed to the Speaker of
the National Assembly resign his office. (5) A person assuming the office of the
President in accordance with this Constitution shall unless: (a) he resigns his office; or
(b) he ceases to hold office by virtue of Article 36 or 37 (c) the National Assembly is
dissolved; continue in office until the person elected at the next election to the office
of President assumes office.
Article 36 Removal of President on Grounds of Incapacity
(1) If it is resolved by a majority of all the members of the Cabinet that the question of
the physical or mental capacity of the President to discharge the functions of his office
ought to be investigated, and they so inform the Chief Justice, then the Chief Justice
shall appoint a board consisting of not less than three persons selected by him from
among persons who are qualified as medical practitioners under the law of Zambia or
under the law of any other country in the Commonwealth, and the board shall inquire
into the matter and report to the Chief Justice on whether or not the President is, by
reason of any infirmity of body or mind, incapable of discharging the functions of his
office. (2) If the board reports that the President is incapable of discharging the
functions of his office, the Chief Justice shall certify in writing accordingly and
thereupon the President shall cease to hold office. (3) Where the Cabinet resolve that
the question of the physical or mental capacity of the President to discharge the

23 functions of his office shall be investigated, the President shall, until another person
assumes the office of President or the board appointed under clause (1) reports that
the President is not incapable of discharging the functions of his office, whichever is
earlier, cease to perform the functions of his office and those functions shall be
performed by: (a) the Vice-President; or (b) in the absence of the Vice-President or if
the Vice-President is unable, by reason of physical or mental infirmity, to discharge
the functions of his office, by such member of the Cabinet as the Cabinet shall elect:
Provided that any person performing the functions of the office of President under this
clause shall not dissolve the National Assembly nor, except on the advice of the
Cabinet, revoke any appointment made by the President. (4) A motion for the
purposes of clause (1) may be proposed at any meeting of the Cabinet. (5) For the
purposes of this Article, a certificate of the Chief Justice that the President is, by
reason of physical or mental infirmity, unable to discharge the functions of this office
shall be conclusive and shall not be questioned in any court.
Article 37 Impeachment of President for Violation of Constitution
(1) If notice in writing is given to the Speaker of the National Assembly signed by not
less than one-third of all the members of the Assembly of a motion alleging that the
President has committed any violation of the Constitution or any gross misconduct
and specifying the particulars of the allegations and proposing that a tribunal be
established under this Article to investigate those allegations, the Speaker shall: (a) if
Parliament is then sitting or has been summoned to meet within five days, cause the
motion to be considered by the Assembly within seven days of the notice; (b) if
Parliament is not then sitting (and notwithstanding that it may be prorogued) summon
the Assembly to meet within twenty-one days of the notice and cause the motion to be
considered at that meeting. (2) Where a motion under this Article is proposed for
consideration by the National Assembly, the Assembly shall not debate the motion but
the person presiding in the Assembly shall forthwith cause a vote to be taken on the
motion and if the motion is supported by the votes of not less than two-thirds of all
the members of the Assembly, shall declare the motion to be passed. (3) If the motion
is declared to be passed under clause (2): (a) the Chief Justice shall appoint a tribunal
which shall consist of a Chairman and not less than two other members selected by
the Chief Justice from among persons who hold or have held high judicial office; (b)
the tribunal shall investigate the matter and shall report to the National Assembly
whether it finds the particulars of the allegations specified in the motion to have been
substantiated; (c) the President shall have the right to appear and be represented
before the tribunal during its investigation of the allegations against him. (4) If the
tribunal reports to the National Assembly that the tribunal finds that the particulars of
any allegation against the President specified in the motion have not been
substantiated no further proceedings shall be taken under this Article in respect of that
allegation. (5) If the tribunal reports to the National Assembly that the tribunal finds
that the particulars of any allegation specified in the motion have been substantiated,
the Assembly may, on a motion supported by the votes of not less than three-quarters
of all members of the Assembly, resolve that the President has been guilty of such
violation of the Constitution or, as the case may be such gross misconduct as it is
incompatible with his continuance in office as President and, if the Assembly so
resolves, the President shall cease to hold office upon the third day following the
passage of the resolution. (6) No proceedings shall be taken or continued under this
Article at any time when Parliament is dissolved.

24 Article 38 Vacancy in Office of President
(1) An election to fill a vacancy in the office of President caused by expiration of the
period of five years referred to in clause (1) of Article 35 shall be completed in
accordance with Article 34 before the expiration of that period. (2) If the office of the
President becomes vacant by reason of his death or resignation or by reason of his
ceasing to hold office by virtue of Article 36, 37, or 88, an election to the office of
President shall be held in accordance with Article 34 within six months from the date
of the office becoming vacant. (3) Whenever the office of President becomes vacant,
the Vice-President or, in the absence of the Vice-President or if the Vice-President is
unable, by reason of physical or mental infirmity, to discharge the functions of his
office, a member of the Cabinet elected by the Cabinet shall perform the functions of
the office of President until a person elected as President in accordance with Article
34 assumes office. (4) The Vice-President or, the member of the Cabinet as the case
may be, performing the functions of the office of the President under clause (3) shall
not dissolve the National Assembly nor, except on the advice of the Cabinet, revoke
any appointment made by the President.
Article 39 Discharge of Functions of President During Absence or Illness
(1) Whenever the President is absent from Zambia or considers it desirable so to do by
reason of illness or for any other cause, he may by direction in writing, authorize the
Vice-President, or where the Vice-President is absent from Zambia or incapable of
discharging the functions of the office of President, any other person, to discharge
such functions of the office of President as he may specify, and the Vice-President or
such other person may discharge those functions until his authority is revoked by the
President. (2) If the President is incapable by reason of physical or mental infirmity of
discharging the functions of his office and the infirmity is of such a nature that the
President is unable to authorize another person under this Article to perform those
functions: (a) the Vice-President; or (b) during any period when the Vice-President is
absent from Zambia or is himself, by reason of physical or mental infirmity, unable to
perform the functions of his office, such member of the Cabinet as the Cabinet shall
elect; shall perform the functions of the office of President. Provided that any person
performing the functions of the office of President under this clause shall not dissolve
the National Assembly nor, except on the advice of the Cabinet, revoke any
appointment made by the President. (3) Any person performing the functions of the
office of President by virtue of clause (2) shall cease to perform those functions if he
is notified by the President that the President is about to resume those functions or if
another person is elected as, and assumes the office of, President. (4) For the purpose
of sub clause (2), a certificate of the Chief Justice that (a) the President is incapable by
reason of physical or mental infirmity of discharging the functions of his office and
that the infirmity is of such a nature that the President is unable to authorize another
person under this Article to perform those functions; or (b) the Vice-President is by
reason of physical or mental infirmity unable to discharge the functions of his office:
shall be conclusive and shall not be questioned in any court: Provided that any such
certificate as is referred to in paragraph (a) shall cease to have effect if the President
notifies any person under clause (3) that he is about to resume the functions of the
office of the President or if another person is elected as, and assumes the office of,
President.

25 Article 40 Oath of President
Person assuming the office of President, shall before entering the office, take and
subscribe such oaths as may be prescribed by or under an Act of Parliament.
Article 41 Returning Officer at Elections of President
(1) The Chief Justice shall be the returning officer for the purpose of elections to the
office of President. (2) Any question which may arise as to whether: (a) any
provisions of this Constitution or any law relating to the election of a President has
been complied with; or (b) any person has been validly elected as President under
Article 34; shall be referred to and determined by the Supreme Court.
Article 42 Salary and Allowances of President
(1) The President shall receive such salary and allowances as may be prescribed by an
Act of Parliament; and they shall be a charge on the general revenues of the Republic.
(2) The salary and allowances of the President shall not be altered to his disadvantage
during his term of office. (3) A person who has held the office of President shall
receive such pension and such gratuity as may be prescribed by an Act of Parliament,
and that pension and gratuity shall be a charge on the general revenues of the
Republic.
Article 43 Protection of President in Respect of Legal Proceedings
(1) No civil proceedings shall be instituted or continued against the person holding the
office of President or performing the functions of that office in respect of which relief
is claimed against him in respect of anything done or omitted to be done in his private
capacity. (2) No person holding the office of President or performing the functions of
that office shall be charged with any criminal offence or be amenable to the criminal
jurisdiction of any court in respect of any act done or omitted to be done during his
tenure of that office or as the case may be, during his performance of the functions of
that office. (3) No person who has held, but no longer holds, the office of President
shall be charged with a criminal offence or be amenable to the criminal jurisdiction of
any court in respect of any act done or omitted to be done by him in his personal
capacity while he held office of President, unless the National Assembly has, by
resolution, determined that such proceedings would not be contrary to the interests of
the State. (4) Where provision is made by law limiting the time within which
proceedings of any description may be brought against any person, the term of any
person in the office of President shall not be taken into account in calculating any
period of time prescribed by that law which determines whether any such proceedings
as are mentioned in clause (1) and (3) may be brought against that person.
Article 44 Functions of President
(1) As the Head of the State, the President shall perform with dignity and leadership
all acts necessary or expedient for, or reasonably incidental to, the discharge of the
executive functions of government, subject to the overriding terms of this Constitution
and the Laws of Zambia which he is constitutionally obliged to protect, administer
and execute. (2) Without prejudice to the generality of clause (1), the President may
preside over meetings of the Cabinet and shall have the power, subject to this
Constitution, to: (a) dissolve the National Assembly as provided in Article 88; (b)
accredit, receive and recognize ambassadors, and to appoint ambassadors,
plenipotentiaries, diplomatic representatives and consuls; (c) pardon or reprieve
offenders, either unconditionally or subject to such conditions as he may consider fit;
(d) negotiate and sign international agreements and to delegate the power to do so; (e)

26 establish and dissolve such Government Ministries and Departments subject to the
approval of the National Assembly; (f) confer such honours as he considers
appropriate on citizens, residents and friends of Zambia in consultation with interested
and relevant persons and institutions; and (g) appoint such persons as are required by
this Constitution or any other law to be appointed by him. (3) Subject to the
provisions of this Constitution dealing with assent to laws passed by Parliament and
the promulgation and publication of such laws in the Gazette, the President shall have
power to: (a) sign and promulgate any proclamation which by law he is entitled to
proclaim as President; and (b) initiate, in so far as he considers it necessary and
expedient, laws for submission and consideration by the National Assembly. (4)
When any appointment to an office to be made by the President is expressed by any
provision of this Constitution to be subject to ratification by the National Assembly:
(a) the National Assembly shall not unreasonably refuse or delay such ratification but
the question whether the Assembly has so acted unreasonably shall not be enquired
into by any court; (b) if such ratification is refused the President may appoint another
person to the office in question and shall submit the appointment for ratification; (c) if
the National Assembly refused to ratify the second appointment it shall be invited to
ratify an appointment for the third time but the third appointment shall take effect
irrespective of whether such ratification is refused, or is delayed for a period of more
than fourteen days. (5) Subject to the other provisions of this Constitution and any
other law, any person appointed by the President under this Constitution or that other
law may be removed by the President. (6) In the exercise of any functions conferred
upon him under this Article, the President shall, unless it is otherwise provided, act in
his own deliberate judgment and shall not be obliged to follow the advice tendered by
any other person or authority. (7) Nothing in this Article shall prevent Parliament
from conferring functions on persons or authorities other than the President.
Article 45 Vice-President
(1) There shall be an office of Vice-President of the Republic. (2) The Vice-President
shall be appointed by the President from among the members of the National
Assembly. (3) Subject to the provisions of this Constitution the Vice-President shall
cease to hold office upon the assumption by any person of the office of President.
(4) The Vice-President shall perform such functions as shall be assigned to him by the
President. (5) The salary and allowances of the Vice-President shall be such as may be
prescribed by an Act of Parliament, and shall be a charge on the general revenues of
the Republic.
Article 46 Ministers
(1) There shall be such Ministers as may be appointed by the President. (2)
Appointment to the office of Minister shall be made from among the members of the
National Assembly. (3) A Minister shall be responsible, under the directions of the
President, for such business of the Government including the administration of any
Province, Ministry or Department of Government as the President may assign to him.
(4) The salaries and allowances of a Minister shall be such as may be prescribed by an
Act of Parliament, and shall be a charge on the general revenue of the Republic.
Article 47 Deputy Ministers
(1) The President may appoint such Deputy Ministers as he may consider necessary to
assist Ministers in the performance of their functions and to exercise or perform on
behalf of Ministers such of the Ministers functions as the President may authorize in
that behalf. (2) Appoint to the office of Deputy Minister shall be made from among

27 members of the National Assembly. (3) The salaries and allowances of Deputy
Ministers shall be such as may be prescribed by an Act of Parliament, and shall be a
charge on the general revenues of the Republic.
Article 48 Oath Vice-President, Minister and Deputy Minister
A Vice-President, Minister or Deputy Minister shall not enter upon the duties of his
office unless he has taken and subscribed the oath of allegiance and such oath for the
due execution of his office as may be prescribed by or under an Act of Parliament.
Article 49 Cabinet
(1) There shall be a Cabinet which shall consist of the President, the Vice-President
and the Ministers, other than Ministers responsible for the administration of
Provinces. (2) There shall preside at meetings of the Cabinet: (a) the President; and
(b) in the absence of the President, the Vice-President. (3) The Cabinet may act
notwithstanding any vacancy in its membership.
Article 50 Functions of Cabinet
The Cabinet shall formulate the policy of the Government and shall be responsible for
advising the President with respect to the policy of the Government and with respect
to such other matters as may be referred to it by the President.
Article 51 Accountability of Cabinet
The Cabinet shall be accountable collectively to the National Assembly.
Article 52 Code of Conduct
All ministers and Deputy Ministers shall conduct themselves, during their tenure of
office, in accordance with a code of conduct promulgated by Parliament.
Article 53 Secretary to Cabinet
(1) There shall be a Secretary to the Cabinet whose office shall be a public office and
who shall, subject to ratification by the National Assembly, be appointed by the
President. (2) The Secretary to the Cabinet shall: (a) be the Head of the Public Service
and shall be responsible to the President for securing the general efficiency of the
public service, (b) have charge of the Cabinet Office and be responsible in accordance
with the instructions given to him by the President, for arranging the business for, and
keeping the minutes of the Cabinet and for conveying decisions made in Cabinet to
the appropriate authorities; (c) have such other functions as may be prescribed by or
under an Act of Parliament or as the President may direct.
Article 54 Attorney-General
(1) There shall be an Attorney-General of the Republic who shall, subject to
ratification by the National Assembly, be appointed by the President and shall be the
principal legal adviser to the Government. (2) A person shall not be qualified to be
appointed to the office of Attorney-General unless he is qualified for appointment as
Judge of the High Court. (3) The office of the Attorney-General shall become vacant:
(a) if the holder of the office is removed from office by the President; (b) upon
assumption by any person of the office of President. (4) In the exercise of the power
to give directions to the Director of Public Prosecutions conferred by clause (6) of
Article 56, the Attorney-General shall not be subject to the direction or control of any
other person or authority.

28 Article 55 Solicitor-General
(1) There shall be a Solicitor-General of the Republic whose office shall be a public
office and who shall, subject, to ratification by the National Assembly, be appointed
by the President. (2) A person shall not be qualified to be appointed to the office of
Solicitor-General unless he is qualified for appointment as a Judge of the High Court.
(3) Any power or duty imposed on the Attorney-General by this Constitution or any
other written law may be exercised or performed by the Solicitor General: (a)
whenever the Attorney-General is unable to act owing to illness or absence; and (b) in
any case where the Attorney-General has authorized the Solicitor-General to do so.
Article 56 Director of Public Prosecutions
(1) There shall be a Director of Public Prosecutions and who shall, subject to
ratification by the National Assembly, be appointed by the President. (2) The Director
of Public Prosecutions shall have power in any case which he considers it desirable so
to do: (a) to institute and undertake criminal proceedings against any person before
any court, other than a court martial, in respect of any offence alleged to have been
committed by that person; (b) to take over and continue any such criminal
proceedings as have been instituted or undertaken by any other person or authority;
and (c) to discontinue, at any stage before judgement is delivered, any such criminal
proceedings instituted or undertaken by himself or any other person or authority. (3)
The powers of the Director of Public Prosecutions under clause (2) may be exercised
by him in person or by such public officer or class of public officers as may be
specified by him, acting in accordance with his general or special instructions:
Provided that nothing in this clause shall preclude the representation of the Director of
Public Prosecutions before any court by a legal practitioner. (4) The powers conferred
on the Director of Public Prosecutions by paragraphs (b) and (c) of clause (2) shall be
vested in him to the exclusion of any other person or authority: Provided that where
any other person or authority has instituted criminal proceedings, nothing in this
clause shall prevent the withdrawal of those proceedings by or at the instance of that
person or authority and with the leave of the court. (5) For the purposes of this
Article, any appeal from any judgement in any criminal proceedings before any court,
or any case stated or question of law reserved for the purposes of any such
proceedings, to any other court in Zambia shall be deemed to be part of those
proceedings: Provided that the power conferred on the Director of Public Prosecutions
by paragraph (c) of clause (2) shall not be exercised in relation to any appeal by a
person convicted in any criminal proceedings or to any case stated or question of law
reserved at the instance of such person. (6) In the exercise of the powers conferred on
him by this Article, the Director of Public Prosecutions shall not be subject to the
direction or control of any other person or authority: Provided that where the exercises
of any such power in any case may, in the judgement of the Director, involves general
considerations of public policy, the Director shall bring the case to the notice of the
Attorney-General ad shall in the exercise of his powers in relation to that case, act in
accordance with any directions of the Attorney-General.
Article 57 Discharge of Functions of Director of Public Prosecutions During
Illness, etc.
Whenever the Director of Public Prosecutions is absent from Zambia or the President
considers it desirable so to do by reason of the illness of the Director of Public
Prosecutions or for any other cause, he may on the advice of the Judicial Service

29 Commission appoint any person to discharge the functions of the Director of Public
Prosecutions until such appointment is revoked.
Article 58 Tenure of Office of Director of Public Prosecutions
(1) Subject to the provisions of this Article, a person holding the office of Director of
Public Prosecutions shall vacate his office when he attains the age of sixty years. (2)
A person holding the office of Director of Public Prosecutions may be removed from
office only for inability to perform the functions of his office whether arising from
infirmity of body or mind or misbehaviour and shall not be so removed except in
accordance with the provisions of this Article. (3) If the President considers that the
question of removing a person holding the office of Director of Public Prosecution
from office ought to be investigated, then: (a) he shall appoint a tribunal which shall
consist of a Chairman and not less than two other members, who hold or have held
high judicial office; (b) the tribunal shall inquire into the matter and report on the facts
thereof to the President and advise the President whether the person holding the office
of Director of Public Prosecutions ought to be removed from office under this Article
for inability as aforesaid or for misbehaviour. (4) Where a tribunal appointed under
clause (3) advises the President that a person holding the office of Director of Public
Prosecutions ought to be removed from office for inability as aforesaid or for
misbehaviour, the President shall remove such person from office. (5) If the question
of removing a person holding the office of Director of Public Prosecutions from office
has been referred to a tribunal under this Article, the President may suspend that
person from performing the functions of his office, and any such suspension may at
any time be revoked by the President and shall in any case cease to have effect if the
tribunal advises the President that the person ought not to be removed from office.
Article 59 Prerogative of Mercy
The President may: (a) grant to any person convicted of any offence a pardon, either
free or subject to lawful conditions; (b) grant to any person a respite, either indefinite
or for a specified period, of the execution of any punishment imposed on that person
for any offence; (c) substitute a less severe form of punishment for any punishment
imposed on any person for any offence; and (d) remit the whole or part of any
punishment imposed on any person for any offence or any penalty or forfeiture or
confiscation otherwise due to the Government on account of any offence.
Article 60 Advisory Committee
(1) There shall be an advisory committee on the prerogative of mercy which shall
consist of such persons as may be appointed by the President. (2) The President may
appoint different persons to the advisory committee for the purposes of advising him
in relation to persons convicted by courts-martial and for purposes of advising him in
relation to persons convicted by other courts. (3) A member of the advisory
committee shall hold office at the pleasure of the President. (4) Where any person has
been sentenced to death for any offence the President shall cause the question of the
exercise in relation to that person of the powers conferred by Article 59 to be
considered at a meeting of the advisory committee. (5) Subject to the provisions of
clause (4), the President may refer to the advisory committee any questions as to the
exercise of the powers conferred upon him by Article 59. (6) The President, if present,
shall preside at any meeting of the advisory committee. (7) The President may
determine the procedure of the advisory committee.

30 Article 61 Offices for Republic
(1) Subject to the other provisions of this Constitution and any other law, the power to
constitute offices for the Republic and the power to abolish any such office shall vest
in the President. (2) Subject to the other provisions of this Constitution and any other
law the power to appoint persons to hold or act in offices constituted for the Republic,
to confirm appointments, to exercise disciplinary control over persons holding or
acting in such offices and to remove any such person from office shall vest in the
President.

P
ART V T HE L EGISLATURE
Article 62 Legislative Power and Membership of Parliament
The legislative power of the Republic of Zambia shall vest in Parliament which shall
consist of the President and the National Assembly.
Article 63 Composition of, and Election to, National Assembly
(1) The National Assembly shall consist of: (a) one hundred and fifty elected
members; (b) not more than eight nominated members; and (c) the Speaker of the
National Assembly. (2) Subject to the provisions of this Constitution, the election of
members of the National Assembly shall be direct, by universal adult suffrage and by
secret ballot and shall be conducted in accordance with the provisions of this
Constitution and as may be prescribed by or under an Act of Parliament.
Article 64 Qualification for Election to National Assembly
Subject to Article 65, a person shall be qualified to be elected as a member of the
National Assembly if, and shall not be qualified to be so elected unless: (a) he is a
citizen of Zambia; (b) he has attained the age of twenty-one years; and (c) he is
literate and conversant with the official language of Zambia.
Article 65 Disqualification for Election to National Assembly
(1) No person shall be qualified to be elected as a member of the National Assembly:
(a) who is under a declaration of allegiance to some country other than Zambia; (b)
who is, under any law in force in Zambia, adjudged or otherwise declared to be of
unsound mind; (c) who is under sentence of death imposed on him by a court in
Zambia or a sentence of imprisonment, by whatever name called, imposed on him by
such a court or substituted by a competent authority for some other sentence imposed
on him by such court; (d) who is an undischarged bankrupt, having been adjudged or
otherwise declared bankrupt under any law in force in Zambia; (e) whose freedom of
movement is restricted, or who is detained, under the authority of law; or (f) who,
within a period of five years before his nomination for election, has served a sentence
of imprisonment for a criminal offence. (2) No person who holds, or is a validly
nominated candidate in an election for, the office of the President shall be qualified
for election as a member of the National Assembly. (3) Parliament may provide that a
person who holds or is acting in any office that is specified by Parliament and the
functions of which involve responsibility for, or in connection with, the conduct of
any election to the National Assembly or the compilation of any register of voters for
the purposes of such an election shall not be qualified to be elected as a member of the
Assembly. (4) Parliament may provide that a person who is convicted by any court of
any offence that is prescribed by Parliament and that is connected with election of the
members of the National Assembly or who is reported guilty of such offence by the

31 court trying an election petition shall not be qualified to be elected as a member of the
Assembly for such period, not exceeding five years following his conviction or the
report of the court, as the case may be, as may be so prescribed. (5) No person holding
or acting in any post, office or appointment: (a) in the Defence Force as defined in the
Defence Act, the Combined Cadet Force, the Zambian National Service, or any other
force or service established for the preservation of security in Zambia; (b) in the
Zambia Police Force, the Zambia Police Reserve, the Zambia Security Intelligence
Service, the Anti-Corruption Commission, the Zambia Prison Service or in any other
force or service established for the preservation of security in Zambia; (c) in the
Public Service including an office to which Article 61 applies; (d) in the Teaching
Service; or (e) prescribed in that behalf or under an Act of Parliament; shall be
qualified for election as a member of the National Assembly. (6) In this Article the
reference to a sentence of imprisonment shall be construed as not including a sentence
of imprisonment the execution of which is suspended or a sentence of imprisonment
in default of payment of a fine.
Article 66 Nomination for Election to National Assembly
(1) Nominations for election to the National Assembly shall be delivered to the
returning officer appointed by the Electoral Commission on such day and at such time
and at such place as may be prescribed by the Electoral Commission. (2) Any
nomination for election to the National Assembly shall not be valid unless: (a) the
candidate has paid the election fee prescribed by or under an Act of Parliament; and
(b) the nomination is supported by not less than nine persons registered in the
constituency in which the candidate is standing as voters for the purpose of elections
to the National Assembly.
Article 67 By-Elections for the National Assembly
(1) When a vacancy occurs in the seat of a member of the National Assembly as a
result of the death or resignation of the member or by virtue of Article 71 a by-
election shall be held within ninety days after the occurrence of the vacancy. (2)
Parliament may by an Act of Parliament prescribe the manner in which a by-election
shall be held.
Article 68 Nominated Members
(1) The President may, at any time after a general election to the National Assembly
and before the National Assembly is next dissolved, appoint such number of persons
as he thinks fit to be nominated members of the National Assembly, so, however, that
there are not more than eight such members as any one time. (2) Subject to the
provisions of this Article, a person may be appointed as a nominated member if he is
qualified under Article 64 and is not disqualified under Article 65 for election as an
elected member. (3) A person may not be appointed as a nominated member if he was
a candidate for election in the last preceding general election or in any subsequent by-
election.
Article 69 Speaker
(1) There shall be a Speaker of the National Assembly who shall be elected by the
members of the Assembly from among persons who are qualified to be elected as
members of the Assembly but are not members of the Assembly. (2) The Speaker
shall vacate his office: (a) if any circumstances arise that, if he were not Speaker,
would disqualify him for election as such; (b) when the National Assembly first sits
after any dissolution of the National Assembly; or (c) if the National Assembly

32 resolves, upon a motion supported by the votes of not less than two-thirds of all the
members thereof, that he shall be removed from office. (3) No business shall be
transacted in the National Assembly, other than an election to the office of Speaker, at
any time when the office of Speaker is vacant.
Article 70 Deputy Speaker
(1) There shall be a Deputy Speaker of the National Assembly who shall be elected by
the members of the Assembly from among members of the Assembly. (2) The
members of the National Assembly shall elect a person to the office of Deputy
Speaker when the Assembly first sits after any dissolution of the National Assembly
and, if the office becomes vacant otherwise than by reason of the dissolution of the
National Assembly, at the first sitting of the Assembly after the office becomes
vacant. (3) The Deputy Speaker shall vacate his office: (a) if he ceases to be a member
of the National Assembly; (b) if he assumes the office of President or becomes the
Vice-President, a Minister, a Deputy Minister or holds or acts in any office prescribed
in that behalf by or under an Act of Parliament; or (c) if the National Assembly
resolves that he should be removed from office.
Article 71 Tenure of Office of Members of National Assembly
(1) Every member of the National Assembly, with the exception of the Speaker, shall
vacate his seat in the Assembly upon the dissolution of the National Assembly. (2) A
member of the National Assembly shall vacate his seat in the Assembly: (a) if he
ceases to be a citizen of Zambia; (b) if he acts contrary to the code of conduct
prescribed by an Act of Parliament; (c) in the case of an elected member, if he
becomes a member of a political party other than the party, of which he was an
authorized candidate when he was elected to the National Assembly or, if having been
an independent candidate, he joins a political party; (d) if he assumes the office of
President; (e) if he is sentenced by a court in Zambia to death or to imprisonment, by
whatever name called, for a term exceeding six months; (f) if any circumstances arise
that, if he were not a member of the Assembly, would cause him to be disqualified for
election as such under Article 65; (g) if, under the authority of any such law as is
referred to in Article 22 or 25 : (i) his freedom of movement has been restricted or he
has been detained for a continuous period exceeding six months; (ii) his freedom of
movement has been restricted and he has immediately thereafter been detained and
the total period of restriction and detention together exceeds six months; or (iii) he has
been detained and immediately thereafter his freedom of movement has been
restricted and the total period of detention and restriction together exceeds six months.
(3) Notwithstanding anything contained in clause (2), where any member of the
National Assembly who has been sentenced to death or imprisonment, adjudged or
declared to be of unsound mind, adjudged or declared bankrupt or convicted or
reported guilty of any offence prescribed under clause (4) of Article 65 appeals
against the decision or applies for a free pardon in accordance with any law the
decision shall not have effect for the purpose of this Article until the final
determination of such appeal or application: Provided that: (i) such member shall not,
pending such final determination, exercise his functions or receive any remuneration
as a member of the National Assembly; and (ii) if, on the final determination of the
member’s appeal or application, his conviction is set aside, or he is granted a free
pardon, or he is declared not to be of unsound mind or bankrupt or guilty of an
offence prescribed under clause (4) of Article 65, he shall be entitled to resume his
functions as a member of the National Assembly unless he has previously resigned,

33 and to receive remuneration as such a member for the period during which he did not
exercise his functions by reason of the provisions of paragraph (i) of this provision.
Article 72 Determination of Questions as to Membership of National Assembly
(1) The High Court shall have power to hear and determine any question whether: (a)
any person has been validly elected or nominated as a member of the National
Assembly or the seat of any member has become vacant; (b) any person has been
validly elected as Speaker or Deputy Speaker of the Assembly, or having been so
elected, has vacated the office of Speaker or Deputy Speaker. (2) The determination
by the High Court on any question under this Article shall not be subject to appeal:
Provided that an appeal shall lie to the Supreme Court from any determination of the
High Court on any question of law including the interpretation of this Constitution.
Article 73 Clerk and Staff of National Assembly
There shall be a Clerk of the National Assembly and such other offices in the
department of the Clerk of the Assembly as may be prescribed by an Act of
Parliament.
Article 74 House of Representatives
The National Assembly may by a resolution passed by two-thirds majority of its
members establish a House of Representatives to perform such functions as may be
prescribed by the Constitution.
Article 75 The Franchise
(1) Every citizen of Zambia who has attained the age of eighteen years shall, unless he
is disqualified by Parliament from registration as a voter for the purposes of elections
to the National Assembly, be entitled to be registered as such a voter under a law in
that behalf, and no other person may be so registered. (2) Every person who is
registered in any constituency as a voter for the purpose of elections to the National
Assembly shall, unless he is disqualified by Parliament from voting in such elections
on grounds of his having been convicted of an offence in connection with elections or
on the grounds of his having been reported guilty of such an offence by the court
trying an election petition or on the grounds of his being in lawful custody at the date
of the election, be entitled so to vote in that constituency in accordance with the
provisions made by or under an Act of Parliament, and no other person may so vote.
Article 76 Electoral Commission
(1) The President shall, in accordance with the provisions of this Article, establish an
Electoral Commission to supervise the registration of voters and the conduct of the
Presidential and Parliamentary elections and to review the boundaries of the
constituencies into which Zambia is divided for the purposes of elections to the
National Assembly. (2) The President shall establish an Electoral Commission: (a)
whenever Parliament is dissolved he otherwise considers it necessary; (b) at such
times, being not less than eight or more than ten years since the boundaries of the
constituencies were last reviewed as he may from time to time appoint; (c) whenever
the number of seats in the National Assembly have been altered; (d) whenever a
census of the population has been held in pursuance of any law. (3) An Act of
Parliament shall provide for the composition and operations of an Electoral
Commission appointed by the President under this Article.

34 Article 77 Constituencies and Elections
(1) Zambia shall be divided into constituencies, for purposes of elections to the
National Assembly so that the number of such constituencies, the boundaries of which
shall be such as an Electoral Commission prescribes, shall be equal to the number of
seats of elected members in the Assembly. (2) In delimiting the constituencies, the
Commission shall have regard to the availability of means of communication and the
geographical features of the area to be divided into constituencies: Provided that the
constituencies shall be so delimited that there shall be at least ten constituencies in
each administrative Province. (3) Each constituency shall return one member only to
the National Assembly. (4) The boundaries of each constituency shall be such that the
number of inhabitants thereof is as nearly equal to the population quota as is
reasonably practicable: Provided that the number of inhabitants of a constituency may
be greater or less than the population quota in order to take account of means of
communication, geographical features and the difference between urban and rural
areas in respect of density of population and to take account of the provision to clause
(2). (5) An Electoral Commission established for purposes of reviewing the
boundaries of the constituencies shall review the boundaries and may, in accordance
with the provision of this Article, alter the constituencies to such extent as it considers
desirable: Provided that a Commission established by reason of the holding of a
census of the population may, if the Commission considers that the changes in the
distribution of population reported in the census do not justify an alteration in the
boundaries, so report to the President without entering upon a review of the
boundaries of the constituencies. (6) Any alteration of the constituencies shall come
into effect upon the next dissolution of Parliament. (7) In this Article “the population
quota” means the number obtained by dividing the number of inhabitants of Zambia
by the number of constituencies into which Zambia is to be divided under this Article.
(8) For the purposes of this Article the number of inhabitants of Zambia shall be
ascertained by reference to the latest census of the population held in pursuance of
any law. (9) During any period when an Electoral Commission is established for
purposes of Presidential and Parliamentary elections, the registration of voters and the
conduct of elections in every constituency shall be subject to the direction and
supervision of the Commission.
Article 78 Exercise of Legislative Power of Parliament
(1) Subject to the provisions of this Constitution, the legislative power of Parliament
shall be exercised by bills passed by the National Assembly and assented to by the
President. (2) No bill (other than such a bill as is mentioned in Article 27 (8)) shall be
presented to the President until after the expiration of three days from the third
reading of the bill by the National Assembly, and where a bill is referred to a tribunal
in accordance with Article 27 that bill shall not be presented to the President for
assent until the tribunal has reported on the bill or the time for making a report has
expired, whichever is the earlier. (3) Where a bill is presented to the President for
assent he shall either assent or withhold his assent. (4) Where the President withholds
his assent to a bill, the bill shall be returned to the National Assembly: Provided that if
the President withholds his assent to a bill in respect of which a tribunal has reported
under Article 27 that it would, if enacted, be inconsistent with Part III, the bill shall be
returned to the Assembly only if the President so directs. (6) Where a bill is again
presented to the President for assent in accordance with the provisions of clause (5)
the President shall assent to the bill within twenty-one days of its presentation, unless
he sooner dissolves Parliament. (7) Where a bill that has been duly passed is assented

35 to in accordance with the provisions of this Constitution it shall become law and the
President shall thereupon cause it to be published in the Gazette as a law. (8) No law
made by Parliament shall come into operation until it has been published in the
Gazette, but Parliament may postpone the coming into operation of any such law and
may make laws with retrospective effect. (9) All laws made by Parliament shall be
styled “Acts” and the words of enactment shall be “Enacted by the Parliament of
Zambia”.
Article 79 Alteration of Constitution
(1) Subject to the provisions of this Article, Parliament may alter this Constitution or
the Constitution of Zambia Act, 1991. (2) Subject to cause (3) a bill for the alteration
of this Constitution or the Constitution of Zambia Act, 1991 shall not be passed
unless: (a) not less than thirty days before the first reading of the bill in the National
Assembly the text of the bill is published in the Gazette; and (b) the bill is supported
on second and third readings by the votes of not less than two thirds of all the
members of the Assembly. (3) A bill for the alteration of Part III of this Constitution
or of this Article shall not be passed unless before the first reading of the bill in the
National Assembly it has been put to a National referendum with or without
amendment by not less than fifty per cent of persons entitled to be registered as voters
for the purposes of Presidential and parliamentary elections. (4) Any referendum
conducted for the purposes of clause (3) shall be so conducted and supervised in such
manner as may be prescribed by or under an Act of Parliament. (5) In this Article: (a)
references to this Constitution or the Constitution of Zambia Act, 1991 include
reference to any law that amends or replaces any of the provisions of this Constitution
or that Act; and (b) references to the alteration of this Constitution or the Constitution
of Zambia Act, 1991 or of any Part of Article include references to the amendment,
modification or re-enactment with or without amendment or modification, of any
provision for the time being contained in this Constitution, that Act, Part or Article,
the suspension or repeal or any such provision and the making of different provision
in lieu of such provision, and the addition of new provisions, to this Constitution, that
Act, Part or Article. (6) Nothing in this Article shall be so construed as to require the
publication of any amendment to any such bill as is referred to in clause (2) proposed
to be moved in the National Assembly.
Article 80 Statutory Instruments
(1) Nothing in Article 62 shall prevent Parliament from conferring on any person or
authority power to make statutory instruments. (2) Every statutory instrument shall be
published in the Gazette not later than twenty-eight days after it is made or, in the case
of a statutory instrument which will not have the force of law unless it is approved by
some person or authority other than the person or authority by which it was made, not
later than twenty-eight days after it is so approved, and if it is not so published it shall
be void from the date on which it was made. (3) Where a tribunal appointed under
Article 27 reports to the President that any provision of a statutory instrument is
inconsistent with any provision of this Constitution, the President may, by order annul
that statutory instrument and it shall thereupon be void from the date on which it was
made.
Article 81 Restrictions with Regard to Certain Financial Measures
Except upon the recommendation of the President signified by the Vice President or a
Minister, the National Assembly shall not: (a) proceed upon any bill (including any
amendment to a bill) that, in the opinion of the person presiding, makes provision for

36 any of the following purposes: (i) for the imposition of taxation or the alteration of
taxation otherwise than by reduction; (ii) for the imposition of any charge upon the
general revenues of the Republic or the alteration of any such charge otherwise than
by reduction; (iii) for the payment, issue or withdrawal from the general revenues of
the Republic of any moneys not charged thereon or any increase in the amount of such
payment, issue or withdrawal; or (iv) for the composition or remission of any debt due
to the Government; or (b) proceed upon any motion (including any amendment to a
motion) the effect of which, in the opinion of the person presiding, would be to make
provision for any of those purposes.
Article 82 President may Address National Assembly
(1) The President may, at any time, attend and address the National Assembly. (2) The
President may send messages to the National Assembly and any such message shall
be read, at the first convenient sitting of the Assembly after it is received, by the Vice-
President or by a Minister designated by the President.
Article 83 Presiding in National Assembly
There shall preside at any sitting of the National Assembly: (a) the Speaker of the
Assembly; (b) in the absence of the Speaker, the Deputy Speaker; or (c) in the
absence of the Speaker and of the Deputy Speaker, such member of the Assembly as
the Assembly may elect for that purpose.
Article 84 Voting and Quorum
(1) Except as otherwise provided in this Constitution all questions at any sitting of the
National Assembly shall be determined by a majority of votes of the members present
and voting other than the Speaker or the person acting as Speaker as the case may be.
(2) The Speaker or person acting as such shall not vote in the first instance, but shall
have and exercise a casting vote if there is an equality of votes. (3) The National
Assembly shall have power to act notwithstanding any vacancy in the membership
thereof, and any proceedings in the National Assembly shall be valid notwithstanding
that it is discovered subsequently that some person who was not entitled to do so,
voted or otherwise took part in the proceedings. (4) The quorum for a meeting of the
National Assembly shall be one third of the total number of members of the Assembly
and if at any time during a meeting of the Assembly objection is taken by any member
present that there is no quorum, it shall be the duty of the Speaker or person acting as
such, either to adjourn the Assembly or, as he may think fit, to suspend the meeting
until there is a quorum.
Article 85 Unqualified Persons Sitting or Voting
Any person who sits or votes in the National Assembly knowing or having reasonable
grounds for knowing that he is not entitled to do so shall be liable to a penalty not
exceeding one thousand kwacha or such other sum as may be prescribed by
Parliament for each day on which he so sits or votes, which penalty shall be
recoverable by action in the High Court at the suit of the Attorney-General.
Article 86 Procedure in National Assembly
(1) Subject to the provisions of this Constitution, the National Assembly may
determine its own procedure. (2) The National Assembly may act notwithstanding any
vacancy in its membership (including any vacancy not filled when the Assembly first
meets after any dissolution of Parliament) and the presence or participation of any
person not entitled to be present or to participate in the proceedings of the Assembly

37 shall not invalidate those proceedings. (3) In the selection of members of committees,
the National Assembly shall seek to ensure that equitable representation of the
political parties or groups that are represented in the Assembly as well as of the
members not belonging to any such parties or groups.
Article 87 Privileges and Immunities of National Assembly
The National Assembly and its members shall have such privileges and immunities as
may be prescribed by an Act of Parliament.
Article 88 Meeting, Duration and Dissolution of Parliament and Related Matters
(1) Subject to the provisions of clauses (2) and (8), each session of Parliament shall be
held at such place within Zambia and shall commence at such time as the President
may appoint. (2) There shall be a session of Parliament at least once every year so that
a period of twelve months shall not intervene between the last sitting of the National
Assembly in one session and the commencement of the next session. (3) The
President may at any time summon a meeting of the National Assembly. (4) Subject
to the provisions of clause (1) of Article 37, the sittings of the National Assembly in
any session of Parliament after the commencement of that session shall be held at
such times and on such days as the Assembly shall appoint. (5) The President may at
any time prorogue Parliament. (6) Subject to clause (9) the National Assembly: (a)
shall unless sooner dissolved, continue for five years from the date of its first sitting
after the commencement of this Constitution or after any dissolution and shall then
stand dissolved; (b) may, by a two-thirds majority of the members thereof dissolve
itself; or (c) may be dissolved by the President at any time. (7) Whenever the National
Assembly is dissolved under this Article there shall be Presidential elections and
elections to the National Assembly and the first session of the new Parliament shall
commence within three months from the date of the dissolution. (8) At any time when
the Republic is at war, Parliament may from time to time extend the period of five
years specified in clause (6) for not more than twelve months at a time: Provided that
the life of the National Assembly shall not be extended under this clause for more
than five years. (9) If, after a dissolution of Parliament and before the holding of the
general elections, the President considers that owing to the existence of a state of war
or of a state of emergency in Zambia or any part thereof, it is necessary to recall
Parliament, the President may summon the Parliament that has been dissolved to meet
and that Parliament shall be deemed to be the Parliament for the time being, but the
general election of members of the National Assembly shall proceed and the
Parliament that has been recalled shall, if not sooner dissolved again stand dissolved
on the day appointed for the nomination of candidates in that general election.
Article 89 Oaths to be Taken by Speaker and Members
The Speaker of the National Assembly, before assuming the duties of his office, and
every member of the Assembly before taking his seat therein, shall take and subscribe
before the Assembly the oath of allegiance.
Article 90 Investigator-General
(1) There shall be an Investigator-General of the Republic who shall be appointed by
the President in consultation with the Judicial Service Commission and shall be the
Chairman of the Commission for Investigations. (2) A person shall not be qualified
for appointment as Investigator-General: (a) unless he is qualified to be appointed a
judge of the High Court; or (b) if he holds the Office of President, Vice-President,
Minister or Deputy Minister, is a member of the National Assembly or is a public

38 officer. (2) Subject to the provisions of this section, a person appointed Investigator-
General shall vacate his office on attaining the age of sixty-five years: Provided that
the President may permit a person who has attained that age to continue in office for
such period as may be necessary to complete and submit any report on, or do any
other thing in relation to, any investigation that was commenced by him before the
attained age. (3) A person appointed as Investigator-General shall forthwith vacate
any office prescribed by an Act of Parliament. (4) A person appointed as Investigator-
General may be removed from office for inability to perform the functions of his
office (whether arising from infirmity of body or mind or from any other cause) or
from misbehaviour, but shall not be so removed except in accordance with the
provisions of this Article. (5) If the National Assembly by resolution supported by the
votes of not less than two-thirds of all the members of that House, resolves that the
question of removing the Investigator-General ought to be investigated, the Speaker
of the National Assembly shall send a copy to the Chief Justice who shall appoint a
tribunal consisting of a Chairman and two other persons to inquire into the matter. (6)
The Chairman and one other member of the tribunal shall be persons who hold or
have held high judicial office. (7) The tribunal shall inquire into the matter and report
thereon to the President. (8) Where such a tribunal advises the President that the
Investigator-General ought to be removed from office for inability as aforesaid or for
misbehaviour, the President shall remove the Investigator-General from office. (9) If
the question of removing the Investigator-General from office has been referred to a
tribunal under this Article, the President may suspend him from performing any
functions of his office, and any such suspension may at any time be revoked by the
President and shall in any case cease to have effect if the tribunal shall advise the
President that the Investigator-General ought not to be removed. (10) If there is a
vacancy in the office of the Investigator-General, or if the Investigator-General is
temporarily absent from Zambia or otherwise unable to exercise the functions of his
office, the President may appoint a person qualified to be a Judge of the High Court to
exercise the functions of the office of the Investigator-General under this Article.

PART VI T HE JUDICATURE
Article 91 Courts
(1) The Judicature of the Republic shall consist of: (a) the Supreme Court of Zambia;
(b) the High Court of Zambia; and (c) such other courts as may be prescribed by an
Act of Parliament. (2) The judges of the courts mentioned in clause (1) shall be
independent, impartial and subject only to this Constitution and the law. (3) The
Judicature shall be autonomous and shall be administered in accordance with the
provisions of an Act of Parliament.
Article 92 Supreme Court
(1) There shall be a Supreme Court of Zambia which shall be the final court of appeal
for the Republic and shall have such jurisdiction and powers as may be conferred on it
by this Constitution or any other law. (2) The judges of the Supreme Court shall be:
(a) the Chief Justice; (b) the Deputy Chief Justice; (c) three Supreme Court judges or
such greater number as may be prescribed by an Act of Parliament. (3) The office of
the Chief Justice, Deputy Chief Justice or of a Supreme Court judge shall not be
abolished while there is a substantive holder thereof. (4) The Supreme Court shall be a
superior court of record, and, except as otherwise provided by Parliament, shall have
all the powers of such a court. (5) When the Supreme Court is determining any matter,

39 other than an interlocutory matter, it shall be composed of an uneven number of
judges not being less than three. (6) The Chief Justice may make rules with respect to
the practice and procedure of the Supreme Court in relation to the jurisdiction and
powers of the Supreme Court.
Article 93 Appointment of Judges of Supreme Court
(1) The Chief Justice shall be appointed by the President subject to ratification by the
National Assembly. (2) The judges of the Supreme Court shall, subject to ratification
by the National Assembly, be appointed by the President. (3) If the office of Chief
Justice is vacant or if the Chief Justice is on leave or is for any reason unable to
perform the functions of his office, then, until a person has been appointed to, and has
assumed the functions of, that office or until the person holding that office has
resumed those functions, as the case may be, the President may appoint the Deputy
Chief Justice or a Supreme Court judge to perform such functions. (4) Without
prejudice to the generality of clause (5), if the office of Deputy Chief Justice is vacant
or if the Deputy Chief Justice is appointed to act as Chief Justice or is on leave or is
for any other reason unable to perform the functions of his office, the President may
appoint another judge of the Supreme Court to act as Deputy Chief Justice. (5) If the
office of the Deputy Chief Justice or of a Supreme Court judge is vacant, or if the
Deputy Chief Justice is appointed to act as Chief Justice, or if any Supreme Court
judge is appointed to act as Chief Justice or Deputy Chief Justice, or if the Deputy
Chief Justice or any Supreme Court judge is on leave or is for any reason unable to
perform the functions of his office, the President may appoint a person qualified for
appointment as a judge of the Supreme Court to act as the Deputy Chief Justice or a
Supreme Court judge as the case may be: Provided that a person may act as the
Deputy Chief Justice or a Supreme Court judge notwithstanding that he has attained
the age prescribed by Article 98. (6) A puisne judge appointed to act as the Deputy
Chief Justice or a Supreme Court judge, as the case may be, pursuant to clause (4) or
(5), shall continue to be a judge of the High Court and may continue to perform the
functions of the office of puisne judge.
Article 94 High Court
(1) There shall be a High Court for the Republic which shall have, except as to the
proceedings in which the Industrial Relations Court has exclusive jurisdiction under
the Industrial Relations Act unlimited or original jurisdiction to hear and determine
any civil or criminal proceedings under any law and such jurisdiction and powers as
may be conferred on it by this Constitution or any other law. (2)(a) The Chief Justice
shall be ex-officio a judge of the High Court. (b) The other judges of the High Court
shall be such number of puisne judges as may be prescribed by Parliament. (3) The
office of a puisne judge shall not be abolished while there is a substantive holder. (4)
The High Court shall be a superior court of record and, except as otherwise provided
by Parliament, shall have the powers of such a court. (5) The High Court shall have
jurisdiction to supervise any civil or criminal proceedings before any subordinate
court or any court-martial and may make such orders, issue such writs and give such
directions as it may consider appropriate for the purpose of ensuring that justice is
duly administered by any such court. (6) The Chief Justice may make rules with
respect to the practice and procedure of the High Court in relation to the jurisdiction
and powers conferred on it by clause (5).

40 Article 95 Appointment of Judges and Commissioners of High Court
(1) The puisne judges shall, subject to ratification by the National Assembly, be
appointed by the President on the advice of the Judicial Service Commission. (2) The
President, acting on the advice of the Judicial Service Commission, may, if he
considers that the interests of the administration of justice so require, appoint a person
to be a Commissioner of the High Court for such period as the President may
determine. (3) A person shall not be qualified for appointment as a Commissioner of
the High Court unless he is qualified for appointment as a puisne judge: Provided that
a person may be appointed as Commissioner of the High Court notwithstanding that
he has attained the age prescribed by Article 98. (4) Subject to the terms of his
appointment, a Commissioner of the High Court shall have all the jurisdiction,
powers, and privileges and duties of a puisne judge, and any reference in any law to a
puisne judge shall be construed accordingly.
Article 96 Continuing Offices
(1) Any person appointed under Article 93 to act as a judge of the Supreme Court
shall continue to act for the period of his appointment or, if no such period is
specified, until his appointment is revoked by the President: Provided that the
President may permit a person whose appointment to act as a judge of the Supreme
Court has expired or been revoked to continue to act for such period as may be
necessary to enable that person to deliver judgement or to do any other thing in
relation to proceedings that were commenced before him previously. (2) Any person
appointed under Article 95 to hold office as a Commissioner of the High Court shall
continue to hold office for the period of his appointment or until his appointment is
revoked by the President, acting on the advise of the Judicial Service Commission:
Provided that the President, acting on the advice of the Judicial Service Commission,
may permit a person whose appointment to hold office as a Commissioner of the High
Court has expired or been revoked to continue to hold office for such period as may
be necessary to enable that person to deliver judgement or to do any other thing in
relation to proceedings that were commenced before him previously.
Article 97 Qualifications for Appointment as Supreme Court and Puisne Judges
(1) Subject to clause (2), a person shall not be qualified for appointment as a judge of
the Supreme Court or a puisne judge unless: (a) he holds or has held high judicial
office; or (b) he holds one of the specified qualifications and has held one or other of
those qualifications for a total period of not less than seven years. (2) Where the
President or the Judicial Service Commission, as the case may be, is satisfied that, by
reason of special circumstances, a person who holds one of the specified
qualifications is worthy, capable and suitable to be appointed as a judge of the
Supreme Court or a puisne judge, notwithstanding that he has not held one or other of
those qualifications for a total period of not less than seven years, the President acting
in the case of a puisne judge in accordance with the advice of the Judicial Service
Commission, may dispense with the requirement that such person shall have held one
or other of the specified qualifications for a total period of not less than seven years.
(3) In this Article “the specified qualifications” means the professional qualifications
specified in the Legal Practitioners Act, one of which must be held by any person
before he may apply under that Act to be admitted as a practitioner in the Republic.
(4) For the purposes of this Article and of Articles 93 and 94 “a person qualified for
appointment” as a judge of the Supreme Court or a puisne judge includes a person in

41 respect of whom the President, or as the case may be the Judicial Service Commission
is satisfied as provided for in clause (2).
Article 98 Tenure of Office of Judges of Supreme and High Court
(1) Subject to the provisions of this Article, a person holding the office of a judge of
the Supreme Court or the office of a judge of the High Court shall vacate that office
on attaining the age of sixty five year: Provided that the President: (a) may permit a
judge of the High Court in accordance with the advice of the Judicial Service
Commission, or a judge of the Supreme Court, who has attained that age to continue
in office for such period as may be necessary to enable him to deliver judgement or to
do any other thing in relation to proceedings that were commenced before him before
he attained that age: (b) may appoint a judge of the High Court in accordance with the
advice of the Judicial Service Commission or a judge of the Supreme Court, who has
attained the age of sixty-five years for such further period, not exceeding seven years,
as the President may determine. (2) A judge of the Supreme Court or of the High
Court may be removed from office only for inability to perform the functions of his
office, whether or arising from infirmity of body or mind or for misbehaviour, and
shall not be so removed except in accordance with the provisions of this Article. (3) If
the President considers that the question of removing a judge of the Supreme Court or
of the High Court under this Article ought to be investigated, then: (a) he shall appoint
a tribunal which shall consist of a Chairman and not less than two other members,
who hold or have held high judicial office; (b) the tribunal shall inquire into the matter
and report on the facts thereof to the President and advise the President whether the
judge ought to be removed from office under this Article for inability as aforesaid or
for misbehaviour. (4) Where a tribunal appointed under clause (3) advises the
President that a judge of the Supreme Court or of the High Court ought to be removed
from office for inability as aforesaid or for misbehaviour, the President shall remove
such judge from office. (5) If the question of removing a judge of the Supreme Court
or of the High Court from office has been referred to a tribunal under clause (3), the
President may suspend the judge from performing the functions of his office, and any
such suspension may at any time be revoked by the President and shall in any case
cease to have effect if the tribunal advises the President that the judge ought not to be
removed from office. (6) The provisions of this Article shall be without prejudice to
the provisions of Article 96.
Article 99 Oaths to be Taken by Judge
A judge of the Supreme Court or of the High Court shall not enter upon the duties of
his office unless he has taken and subscribed the oath of allegiance and such oath for
the due execution of his office as may be prescribed by or under an Act of Parliament:
Provided that a person who has once taken and subscribed the said oaths may enter
upon the duties of any such office without again taking and subscribing such oaths.

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ART VII F INANCE
Article 100 Imposition of taxation
(1) Subject to the provisions of this Article, no taxation shall be imposed or altered
except by or under an Act of Parliament. (2) Except as provided by clauses (3) and
(4), Parliament shall not confer upon any other person or authority power to impose or
to alter, otherwise than by reduction, any taxation. (3) Parliament may make provision
under which the President or the Vice-President or a Minister may by order provide

42 that, on or after the publication of a bill being a bill approved by the President that it is
proposed to introduce into the National Assembly and providing for the imposition or
alteration of taxation, such provisions of the bill as may be specified in the order shall,
have the force of law for such and subject to such conditions as may be prescribed by
Parliament: Provided that any such order shall, unless sooner revoked, case to have
effect: (i) if the bill to which it relates is not passed within such period from the date
of its first reading in the National Assembly as may be prescribed by Parliament; (ii)
if, after the introduction of the bill to which it relates, Parliament is prorogued or the
National Assembly is dissolved; (iii) if, after the passage of the bill to which it relates
the President refuses his assent thereto; or (iv) at the expiration of a period of four
months from the date on which it came into operation or such longer period from the
date as may be specified in any resolution passed by the National Assembly after the
bill to which it relates has been introduced. (4) Parliament may confer upon any
authority established by law for the purposes of local government power to impose
taxation within the area for which that authority is established and to alter taxation so
imposed. (5) Where the Appropriation Act in respect of a financial year has not come
into force at the expiration of six months from the commencement of that financial
year, the operation of any law relating to the collection or recovery of any tax upon
any income or profits or any duty or customs or excise shall be suspended until that
Act comes into force: Provided that: (i) in any financial year in which the National
Assembly stands dissolved at the commencement of that year the period of six months
shall begin from the day upon which the National Assembly first sits following that
dissolution instead of from the commencement of the financial year; (ii) the
provisions of this clause shall not apply in any financial year in which the National
Assembly is dissolved after the laying of estimates in accordance with Article 103 and
before the Appropriation bill relating to those estimates is passed by Parliament.
Article 101 Withdrawal of Moneys from General Revenues
(1) No moneys shall be expended from the general revenues of the Republic unless:
(a) the expenditure is authorized by a warrant under the hand of the President; (b) the
expenditure is charged by this Constitution or any other law on the general revenues
of the Republic; or (c) the expenditure is of moneys received by a department of
government and is made under the provisions of any law which authorizes that
department to retain and expend those moneys for defraying the expenses of the
department. (2) No warrant shall be issued by the President authorizing expenditure
from the general revenues of the Republic unless: (a) the expenditure is authorized by
an Appropriation Act; (b) the expenditure is necessary to carry on the services of the
Government in respect of any period, not exceeding four months, beginning at the
commencement of a financial year during which the Appropriation Act for that
financial year is not in force; (c) the expenditure has been proposed in a
supplementary estimate approved by the National Assembly; (d) no provision exists
for the expenditure and the President considers that there is such an urgent need to
incur the expenditure that it would not be in the public interest to delay the
authorization of the expenditure until such time as a supplementary estimate can be
laid before and approved by the National Assembly; or (e) the expenditure is incurred
on capital projects continuing from the previous financial year and is so incurred
before commencement of the Appropriation Act for the current financial year. (3) the
President shall, immediately after he signs any warrant authorizing expenditure from
the general revenues of the Republic, cause a copy of the warrant to be transmitted to
the Auditor-General. (4) The issue of warrants under paragraph (d) of clause (2) the

43 investment of moneys forming part of the general revenues of the Republic and the
making of advances from such revenues shall be subject to such limitations and
conditions as Parliament may from time to time prescribe. (5) For the purposes of this
Article the investment of moneys forming part of the general revenues of the Republic
or the making of recoverable advances therefrom shall not be regarded as expenditure,
and the expression “investment of moneys” means investment in readily marketable
securities and deposits with a financial institution approved by the Minister
responsible for finance.
Article 102 Supplementary Estimates in Respect of Expenditure Authorized by
Warrant
Where in any financial year any expenditure has been authorized by a warrant issued
by the President under paragraph (d) of clause (2) Article 101, the Minister
responsible for finance shall cause a supplementary estimate relating to that
expenditure to be laid before the National Assembly for its approval before the
expiration of a period of four months from the issue of the warrant or, if the National
Assembly is not sitting at the expiration of that period, at the first sitting of the
National Assembly thereafter.
Article 103 Appropriation Acts and Supplementary Appropriation Acts
(1) The minister responsible for finance shall cause to be prepared and shall lay before
the National Assembly within three months after the commencement of each financial
year estimates of the revenues and expenditure of the Republic for that financial year.
(2) When the estimates of expenditures have been approved by the National
Assembly, the heads of the estimates together with the amount approved in respect of
each shall be included in a bill to be known as an appropriation bill which shall be
introduced in the Assembly to provide for the payment of those amounts for the
purposes specified out of the general revenues of the Republic. (3) Nothing in this
Article shall be construed as requiring the approval of the National Assembly for that
part of any estimates which relate to, or as requiring the inclusion in an Appropriation
Bill of provisions authorizing the expenditure of, sums which are charged on the
general revenues of the Republic by this Constitution or any other by law. (4) Where
any supplementary expenditure has been authorized in respect of any financial year
for any purpose and: (a) no amount has been appropriated for that purpose under any
head of expenditure by the Appropriation Act for that financial year; or (b) the
amount of the supplementary expenditure is such that the total amount expended for
the purposes of the head of expenditure in which expenditure for that purpose was
included is in excess of the amount so appropriated under that head; the Minister
responsible for finance shall introduce in the National Assembly not later than fifteen
months after the end of that financial year or, if the National Assembly is not sitting at
the expiration of that period, within one month of the first sitting of the National
Assembly thereafter, a bill, to be known as a Supplementary Appropriation bill,
confirming the approval of Parliament of such expenditure, or excess of expenditure,
as the case may be. (5) Where in any financial year, expenditure has been incurred
without the authorization of Parliament, the Minister responsible for finance shall, on
approval of such expenditure by the appropriate committee of the National Assembly,
introduce in the National Assembly, not later than thirty months after the end of that
financial year or, if the National Assembly is not sitting at the expiration of that
period, within one month of the first sitting of the National Assembly thereafter, a bill
to be known as the Excess Expenditure Appropriation bill, for the approval by
Parliament of such expenditure.

44 Article 104 Financial Report
(1) The Minister responsible for finance shall cause to be prepared and shall lay
before the National Assembly not later than nine months after the end of each
financial year a financial report in respect of that year. (2) A financial report in respect
of the financial year shall include accounts showing the revenue and other moneys
received by the Government in that financial year, the expenditure of the Government
in that financial year other than expenditure charged by this Constitution or any other
law on the general revenues of the Republic, the payments made in the financial year
otherwise than for the purposes of expenditure, a statement of the financial position of
the Republic at the end of the financial year and such other information as Parliament
may prescribe.
Article 105 Remuneration of Certain Officers
(1) There shall be paid to the holders of the offices to which this Article applies such
salary and such allowances as may be prescribed by or under an Act of Parliament. (2)
The salaries and any allowances payable to the holders of the offices to which this
Article applies shall be a charge on the general revenues of the Republic. (3) The
salary payable to the holder of any office to which this Article applies and his terms of
office, other than allowances, shall not be altered to his disadvantage after his
appointment. (4) Where a person’s salary or terms of office depend upon his option,
the salary or terms for which he opts shall, for the purposes of clause (3), be deemed
to be more advantageous to him than any others for which he might have opted. (5)
This Article applies to the offices of judge of the Supreme Court, Attorney-General,
judge of the High Court, Investigator-General, Solicitor-General, Director of Public
Prosecutions and Auditor-General and to such other offices as may be prescribed by
an Act of Parliament.
Article 106 Public Debt
(1) There shall be charged on the general revenues of the Republic all debt charges for
which the Government is liable. (2) For the purposes of the Article, debt charges
include interest, sinking fund charges, the repayment or amortisation of debt, and all
expenditure in connection with the raising of loans on the security of the revenues of
the former Protectorate of Northern Rhodesia or the Republic and on the service and
redemption of debt thereby created.
Article 107 Auditor-General
(1) There shall be an Auditor-General for the Republic whose office shall be a public
office and who shall, subject to ratification by the National Assembly, be appointed
by the President. (2) It shall be the duty of the Auditor General: (a) to satisfy himself
that the provisions of this Part are being complied with; (b) to satisfy himself that the
moneys expended have been applied to the purposes for which they were appropriated
by the Appropriation Act or in accordance with the approved supplementary
estimates, or in accordance with the Excess Expenditure Appropriation Act, as the
case may be, and that the expenditure conforms to the authority that governs it; (c) to
audit the accounts relating to the general revenues of the Republic and the expenditure
of moneys appropriated by Parliament, the National Assembly, the accounts relating
to the stocks and stores of the Government and the accounts of such other bodies as
may be prescribed by or under any law; (d) to audit the accounts relating to any
expenditure charged by this Constitution or any other law on the general revenues of
the Republic and to submit a report thereon to the President not later than twelve
months after the end of each financial year. (3) The Auditor-General and any officer

45 authorized by him shall have access to all books, records, reports and other documents
relating to any of the accounts referred to in clause (2). (4) The Auditor-General shall,
not later, than twelve months after the end of each financial year, submit a report on
the accounts referred to in paragraph (c) of clause (2) in respect of that financial year
to the President who shall, not later than seven days after the first sitting of the
National Assembly next after the receipt of such report, cause it to be laid before the
Assembly; and if the President makes default in laying the report before the
Assembly, the Auditor-General shall submit the report to the Speaker of the
Assembly, or if the office of Speaker is vacant or if the Speaker is for any reason
unable to perform the functions of his office, to the Deputy Speaker, who shall cause
it to be laid before the Assembly. (5) The Auditor-General shall perform such other
duties and exercise such other powers in relation to all accounts of the Government or
the accounts of other public authorities or other bodies as may be prescribed by or
under any law. (6) In the exercise of his functions under clauses(2), (3) and (4), the
Auditor-General shall not be subjected to the direction or control of any person or
authority.
Article 108 Tenure of Office of Auditor General
(1) Subject to the provisions of this Article, a person holding the office of Auditor-
General shall vacate his office when he attains the age of sixty years. (2) A person
holding the office of Auditor-General may be removed from office only for inability
to perform the functions of his office, whether arising from infirmity of body or mind,
or for misbehaviour and shall not be so removed except in accordance with the
provisions of this Article. (3) If the National Assembly resolves that the question of
removing a person holding the office of Auditor-General from office under this
Article ought to be investigated then (a) the Assembly shall, by resolution, appoint a
tribunal which shall consist of a Chairman and not less than two other members, who
hold or have held high judicial office; (b) the tribunal shall inquire into the matter and
report on the facts thereof to the Assembly; (c) the Assembly shall consider the report
of the tribunal at the first convenient sitting of the Assembly after it is received and
may, upon such consideration, by resolution, remove the Auditor-General from office.
(4) If the question of removing a person holding the office of Auditor-General from
office has been referred to a tribunal under this Article, the National Assembly may,
by resolution, suspend that person from performing the functions of his office, and
any such suspension may at any time be revoked by the Assembly by resolution and
shall in any case cease to have effect if, upon consideration of the report of the
tribunal in accordance with the provisions of this Article, the Assembly does not
remove the Auditor-General from office. (5) A person who holds or has held the
office of Auditor-General shall not be appointed to hold or to act in any other Public
Office.

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ART VIII S ERVICE C OMMISSIONS
Article 109 Commissions
(1) There shall be established for the Republic a Judicial Service Commission which
shall have the functions conferred on it by this Constitution and such other functions
and powers relating to the public service, or to judicial or legal service, other than in
the public service, as may be prescribed by or under an Act of Parliament. (2)
Parliament may establish for the Republic other Commissions which, together with
the Judicial Service Commission, are hereafter collectively referred to as Service

46 Commissions which shall have such functions and powers in relation to the public
service, or in relation to persons in public employment other than public officers, as
may be prescribed by or under an Act of Parliament. (3) Commissions other than
Service Commissions may be established for the Republic by or under an Act of
Parliament and shall have such functions and powers as may be prescribed by or
under such an Act. (4) Nothing in the foregoing precludes provision being made by or
under an Act of Parliament to confer on a Service Commission functions and powers
in relation to matters other than public employment.
Article 110 Pension Laws and Protection
(1) The law to be applied with respect to any pension benefits that were granted to any
person before the commencement of this Constitution 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 that person. (2) The law to be applied with respect to
any pensions benefits not being benefits to which clause (1) applies, shall: (a) in so far
as those benefits are wholly in respect of a period of service as a public officer, as any
officer in the department of the Clerk of the National Assembly, or as a member of the
armed forces, that commenced before the commencement of this Constitution, be the
law that was in force immediately before that date; and (b) in so far as those benefits
are wholly or partly in respect of a period of service as a public officer, as any officer
in the department of the Clerk of the National Assembly, or as a member of the armed
forces, that commenced after the commencement of this Constitution, be the law in
force on the date on which that period of service commenced; or any law in force at a
later date that is not less favourable to that person. (3) Where a person is entitled to
exercise an option as to which of two or more laws shall apply in his case, the law for
which he opts shall, for the purposes of this Article, be deemed to be more favourable
to him than the other law or laws. (4) All pensions benefits shall, except to the extent
to which they are a charge on a fund established by or under any law and have been
duly paid out of that fund to the person or authority to whom payment is due, be a
charge on the general revenues of the Republic. (5) In this Article “pension benefits”
means any pensions, compensation, gratuities or other like allowances for persons in
respect of their service as public officers, as officers in the department of the Clerk of
the National Assembly or as members of the armed forces or for the widows, children,
dependents or personal representatives of such persons in respect of such service. (6)
Reference in this Article to the law with respect to pension benefits include, without
prejudice to their generality, references in the law regulating the circumstances in
which such benefits may be granted or in which the grant of such benefits may be
refused, the law regulating the circumstances in which any such benefits that have
been granted may be withheld, reduced in amount or suspended, and the law
regulating the amount of any such benefits: Provided that, notwithstanding anything
to the contrary contained in this Constitution or any other written law, such references
shall not be so construed as to include the law regulating the law of compulsory
retirement. (7) In this Article: (a) references to service as a public officer includes
references to service as a public officer under the Government of the territories which
on the 24 Oct 1964, became the sovereign Republic of Zambia and references to
service as a member of the teaching service of the said Government, (b) references to
service as an officer in the department of the Clerk of the National Assembly includes
references to service as an officer in the department of the Clerk of the Legislative
Assembly of the said territories; and (c) references to service as a member of the

47 armed forces include references to service as a member of the armed forces of the said
territories.

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ART IX M ISCELLANEOUS
Article 111 Resignations
(1) Any person who is appointed or elected to any office established by this
Constitution may resign from that office by writing under his hand addressed to the
persons or authority by whom he was appointed or elected: Provided that in the case
of a person who holds office as Speaker or Deputy Speaker of the National Assembly
his resignation from that office shall be addressed to the Assembly, and in the case of
an elected or nominated member of the Assembly his resignation shall be addressed to
the Speaker. (2) The resignation of any person from any office established by this
Constitution shall take effect when the writing signifying the resignation is received
by the person or authority to whom it is addressed or by any person authorized by that
person or authority to receive it.
Article 112 Reappointment and Concurrent Appointments
(1) Where any person has vacated any office established by this Constitution he may,
if qualified, again be appointed or elected to hold that office in accordance with the
provisions of this Constitution. (2) Where a power is conferred by this Constitution
upon any person to make any appointment to any office, a person may be appointed to
that office notwithstanding that some other person may be holding that office, when
that other person is on leave of absence pending the relinquishment of the office; and
where two or more persons are holding the same office by reason of an appointment
made in pursuance of this clause, then for the purposes of any function conferred upon
the holder of that office, the person last appointed shall deemed to be the sole holder
of the office.
Article 113 Interpretation
(1) In this Constitution, unless the context otherwise requires: “Act of Parliament”
means a law enacted by Parliament; “Article” means an Article of this Constitution;
“Chief” means a person who is recognized by the President under the provisions of
the Chiefs Act or any law amending or replacing that Act as the Litunga or Western
Province, a Paramount Chief, Senior Chief, Chief or Sub-Chief or a person who is
appointed as Deputy Chief; “Clause” means a clause of the Article in which the word
occurs; “financial year” means the period of twelve months ending on the 31 Dec in
any year or on such other day as may be prescribed by or under an Act of Parliament:
Provided that by or under an Act of Parliament prescribing a day other than the 31
Dec as the terminal day of the financial year the said period of twelve months may be
extended or reduced for any one financial year for the purpose of effecting such
prescribed change; “the Gazette” means the official Gazette of the Government of
Zambia; “High Court” means the High Court established by this Constitution; “high
judicial office” means the office of a judge of a court of unlimited jurisdiction in civil
and criminal matters in some part of the Commonwealth or in the Republic or Ireland
or the office of a judge of a court having jurisdiction in appeals from such a court;
“House” means the National Assembly; “meeting” means all sittings of the National
Assembly held during a period beginning when the Assembly first sits after being
summoned at any time and terminating when the Assembly is adjourned sine die or at
the conclusion of a session; “oath” includes affirmation; “the oath of allegiance”

48 means such oath of allegiance as may be prescribed by law; “paragraph” means a
paragraph of the clause in which the word occurs; “person” includes any company or
association or body of persons, corporate or unincorporated; “public office” means an
office of emolument in the public service; “public officer” means a person holding or
acting in any public office; “the public service” subject to clauses (2) and (3) shall
have the meaning assigned to it by an Act of Parliament; “session” means the sittings
of the National Assembly beginning when it first sits after the coming into operation
of this Constitution or after Parliament is prorogued or dissolved at any time and
ending when Parliament is prorogued or is dissolved without having been prorogued;
“sitting” means a period during which the National Assembly is sitting without
adjournment and includes any period during which it is in committee; “statutory
instrument” means any Proclamation, regulation, order, rule, notice or other
instrument, (not being an Act of Parliament) of a legislative as distinct from an
executive, character; “Supreme Court” means the Supreme Court of Zambia
established by this Constitution. (2) In this Constitution references to offices in the
public service shall be construed as including references to the offices of judges of the
Supreme Court and of the High Court, and to the offices of Chairman, Deputy
Chairman, and members of the Industrial Relations Court. (3) In this Constitution
references to an office in the public service shall not be construed as including
references to the offices of the Attorney-General, or a member of any Commission
established by this Constitution or by an Act of Parliament or to the office of the
Clerk of the National Assembly or any office in the department of the Clerk of the
National Assembly. (4) For the purposes of this Constitution, a person shall not be
considered as holding a public office by reason only of the fact he is in receipt of a
pension or other like allowance in respect of service under the Government of Zambia
or of its predecessor Government. (5) A person shall not be regarded as disqualified
for appointment to any office to which a public officer is not qualified to be appointed
by reason only that he holds a public office if he is on leave of absence pending
relinquishment of that office. (6) In this Constitution, unless the context otherwise
requires, a reference to the holder of an office by the term designating his office shall
be construed as including a reference to any person for the time being lawfully acting
in or performing the functions of that office: Provided that nothing in this clause shall
apply to references to the President or Vice-President in Articles 36, 37, 39, and 45.
(7) References in this Constitution to the power to remove a public officer from his
office shall be construed as including references to any power conferred by any law to
require or permit that officer to retire from the public service: Provided that nothing in
this clause shall be construed as conferring on any person or authority power to
require a judge of the Supreme Court or of the High Court, the Investigator-General,
the Auditor-General or the Director of Public Prosecutions to retire from the public
service. (8) Any provision in this Constitution that vests in any person or authority
power to remove any public officer from his office shall be without prejudice to the
power of any person or authority to abolish any office or to any law providing for the
compulsory retirement of public officers generally or any class of public officers on
attaining an age specified therein. (9) Where power is vested by this Constitution in
any person or authority to appoint any person to act in or perform the functions of any
office if the holder thereof is himself unable to perform those functions, no such
appointment shall be called in question on the ground that the holder of the office was
not unable to perform those functions. (10) No provision of this Constitution that any
person or authority in the exercise of any functions under this Constitution shall be
construed as precluding a court of law from exercising jurisdiction in relation to any

49 question whether that person or authority has performed those functions in accordance
with this Constitution or any other law. (11) When any power is conferred by this
Constitution to make any Proclamation, statutory instrument, order, regulation or rule,
or to issue any direction or certificate or confer recognition, the power shall be
construed as including the power, exercisable in like manner, to amend or revoke any
such Proclamation, statutory instrument, order, regulation, rule, direction or certificate
or to withdraw any such recognition: Provided that nothing in this clause shall apply
to the power to issue a certificate conferred by clause (2) of Article 36. (12)(a) Any
reference in this Constitution to a law that amends or replaces any other law shall be
construed as including a reference to a law that modifies, re-enacts with or without
amendment or modification, or makes different provision in lieu of that other law. (b)
Where any Act passed after the commencement of this Constitution repeals and re-
enacts, with or without modification, any provisions thereof, references in this
Constitution to the provisions so repealed shall, unless the contrary intention appears,
be construed as references to the provisions so re-enacted. (c) Where any Act passed
after the commencement of this Constitution repeals any provision thereof then,
unless the contrary intention appears, the repeal shall not: (i) revive anything not in
force or existing at the time at which the repeal takes effect; or (ii) affect the previous
operation of any provision so repealed or anything duly done or suffered under any
provision so repealed; or (iii) affect any right, privilege, obligation or liability
acquired, accrued or incurred under any provision so repealed; or (iv) affect any
penalty, forfeiture or confiscation or punishment incurred under any provision so
repealed; or (v) affect any investigation, legal proceeding or remedy in respect of any
such right, privilege, obligation, liability, penalty, forfeiture or confiscation or
punishment as aforesaid, and any such investigation, legal proceeding or remedy may
be instituted, continued or enforced, and any such penalty, forfeiture or confiscation
or punishment may be imposed, as if the repealing Act had not been passed. (13) In
this Constitution, unless the context otherwise requires, words and expressions
importing the masculine gender include females. (14) In this Constitution, unless the
context otherwise requires, words and expressions in the singular include the plural
and words and expressions in the plural include the singular. (15) Where this
Constitution confers any power or imposes any duty, the power may be exercised and
the duty shall be performed from time to time as occasion requires. (16) Where by any
Act which repeals and re-enacts, with or without modification, any provision of this
Constitution, and which is not to come into force immediately on the publication
thereof, there is conferred: (a) a power to make or a power exercisable by making
statutory instruments; or (b) a power to make appointments; or (c) a power to do any
other thing for the purposes of the provision in question; that power may be exercised
at any time on or after the date of publication of the Act in the Gazette: Provided that
no instrument, appointment or thing made or done under that power shall, unless it is
necessary to bring the Act into force, have any effect until the commencement of the
Act. (17) In computing time for the purposes of any provision of this Constitution,
unless a contrary intention is expressed: (a) a period of days from the happening of an
event or the doing of any act or thing shall be deemed to be exclusive of the day on
which the event happens or the act or thing is done; (b) if the last day of the period is
Sunday or a public holiday which days are in this clause referred to as “excluded
days” the period shall include the next following day, not being an excluded day; (c)
where any act or proceeding is directed or allowed to be done or taken on a certain
day, then, if that day happens to be an excluded day the act or proceeding shall be
considered as done or taken in due time if it is done or taken the next day afterwards,

50 not being an excluded day; (d) where an act or proceeding is directed or allowed to be
done or taken within any time not exceeding six days, excluded days shall not be
reckoned in the computation of the time.