The Constitution OF ZAMBIA ACT, 1991
Act No. 1 of 1991
Date of Assent: 24th August, 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
thereto, and to provide for matters connected with or incidental to
the foregoing.
[30th August, 1991
ENACTED by the Parliament of Zambia.
Arrangement of Sections
Section
1. Short title
2. Interpretation
3. Repeal and revocation of Constitution of Zambia Act,
1973
4. Commencement of The Constitution
5. Printing and publication of The Constitution
6. Existing Laws
7. Prerogatives and privileges of the President
8. Continuation in office of President
9. Existing offices
10.The National Assembly
11.Succession to property and assets
12.Rights, liabilities and obligations
13.Legal proceedings
14.Transitional provisions
15.Continuation of declaration under Article 30 of
existing Constitutiion
16. Appeals in respect of certain decisions affecting
pensions and like benefits
17.Compulsory retirement of non-citizens
SCHEDULE
This Act may be cited as The Constitution of Zambia Act, 1991.
(1) In this Act, unless the context
otherwise requires --
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"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;
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"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.
(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VI, are repealed in so far as they form part of the laws of Zambia.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Constitution shall stand repealed on the date set for the holding of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.
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.
The Constitution may be printed and
published by the Government Printer separately from this Act, and
the production of a copy of The Constitution purporting to be so
printed shall be prima facie in all courts and for all
purposes whatsoever of The Constitution and its provisions.
(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 three, 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.
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.
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.
(1) Where any office has been
established by or under the law repealed by section
three 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 three 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 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 --
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(a) the provisions of
section ten; and
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(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.
(1) Subject to subsection (2), the
National Assembly constituted under the law repealed by
section three (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.
(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.
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.
(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
three 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.
(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.
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.
(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 the following clauses:
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(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;
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(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;
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(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 --
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(a) one member selected by the
President;
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(b) one member selected by an
association representative of public officers or a professional
body, nominated in either case by the applicant; and
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(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 --
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(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;
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(b) may hear any other person who,
in the opinion of the Board, is able to give the Board information
on the case; and
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(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 --
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(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;
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(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 --
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(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
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(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 --
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"the appropriate Commission" has the
meaning assigned to it in clause (3) of Article 134 of the
existing Constitution or after the commencement of this
Constitution, under this Constitution;
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"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 24th October, 1964, was on pensionable conditions
of service and --
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(a) was designated under the
Overseas Service Aid Scheme; or
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(b) was immediately before the 24th
October, 1964, a member of Her Majesty's Overseas Civil Service or
Her Majesty's Overseas Judiciary; or
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(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
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(d) was not a citizen of Zambia.
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.
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