CHAPTER 1
CONSTITUTION OF ZAMBIA ACT

Arrangement of Sections

   Section

   1.   Short titles

   2.   Interpretation

   3.   Amendment of Constitution of Zambia Act, 1991 and Schedule thereto

   4.   Commencement

   5.   Printing and publication of the Constitution

   6.   Existing Laws

   7.   Prerogative and privileges of the President

   8.   Continuation of 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.   Appeals in respect of certain decisions affecting pensions and like benefits

   16.   Compulsory retirement of non-citizens

      SCHEDULE

AN ACT

to provide for the new Constitution of the Republic of Zambia; to provide for the savings and transitional provisions of existing offices, institutions and laws; to provide for the savings of succession to property and assets, rights and liabilities, obligations and legal proceedings; and to provide for matters connected with or incidental to the foregoing.

[28th May, 1996]

Act 17 of 1996,

Act 18 of 1996,

Act 20 of 2009.

1.   Short title

This Act may be cited as the Constitution of Zambia Act.

2.   Interpretation

   (1) In this Act, unless the context otherwise requires—

“Constitution” means the Constitution set out in the Schedule to 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 part 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.

3.   Amendment of Constitution of Zambia Act, 1991 and Schedule thereto

Except as provided under this Act, the Constitution of Zambia Act, 1991, and the Constitution in the Schedule thereto, are amended in so far as they form Part of the laws of Zambia.

4.   Commencement

Subject to the other provisions of this Act, The Constitution as amended under Act 18 of 1996, shall come into operation on the commencement of this Act.

5.   Printing 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 printed shall be prima facie in all courts and for all purposes whatsoever of the Constitution as its provisions.

6.   Existing 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 if 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, by 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 as amended or otherwise for giving effect or enabling effect to be given to those provisions.

   (3) Where any matter that falls 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 immediately before the commencement of this Act by or under the law amended 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.

7.   Prerogative and privileges of the President

Where under the existing law any prerogatives or privileges are vested in the President those prerogatives or privileges shall, after the commencement of this Act, continue to vest in the President.

8.   Continuation of 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 Constitution until the person elected at the first election to the office of President under the Constitution assumes office.

9.   Existing offices

   (1) Where any office has been established by or under the law in force before the commencement of this Act 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 in force before the commencement of this Act 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 Vice-President, Minister and Deputy Minister under the Constitution immediately before the commencement of this Act shall continue in office and shall exercise the powers conferred on him by the Constitution.

   (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 public office shall continue to be a public officer 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.

10.   The National Assembly

   (1) Subject to sub-section (2), the National Assembly constituted under the law in force before the commencement of this Act (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 the 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) All the functions and powers vested in Parliament by the 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 National Assembly, by Parliament in accordance with the 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, adaption’s, 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, the 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 money 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 existing National Assembly and in accordance with the Constitution.

11.   Succession 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 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) 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, after the commencement of this Act, shall continue to be liable to escheat or to be forfeited to the President on behalf of the Government of Zambia.

12.   Rights, liabilities 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.

13.   Legal proceedings

   (1) All proceedings that, immediately before the commencement of this Act, are pending before any court established by or under the law in force before the commencement of this Act may be continued and concluded before those courts established by or under the Constitution.

   (2) Any proceedings that immediately before the commencement of this Act are pending before any Commissioner of the High Court appointed by or under the law in force before the commencement of this Act shall be continued and concluded before such Commissioner, notwithstanding the abolition of the office of Commissioner of the High Court.

14.   Transitional 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.

15.   Appeals 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 the following clauses—

      (a)   a decision of the Service Commission to give such concurrence as is required by Article 124 of the 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; or

      (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 sub-section (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 sub-section (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 the 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)   if the applicant so requests in writing, hear the applicant either in person or by 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 sub-section (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 sub-section (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 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 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 and the provisions of that law shall have effect accordingly.

   (6) In this section—

“pension benefits” has the meaning assigned to it in clause (5) of Article 124 of the Constitution;

“Service Commission” has the meaning assigned to it in Clause (2) of Article 123 of the Constitution.

   (7) This section applies to any officer who on the 24th October, 1964, was on pensionable conditions of service and—

      (a)   was designated under the Overseas Service Aid Scheme; or

      (b)   was immediately before the 24th October, 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.

16.   Compulsory retirement of non-citizens

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 a person shall not 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.

SCHEDULE

[Section 2]

Arrangement of Articles

   Article

PREAMBLE

PART I
NATIONAL SOVEREIGNTY AND THE STATE

   1.   Declaration of Republic, sovereignty of people, supreme law and official language

   2.   Public seal

   3.   National Anthem, National Flag, National Emblem and National Motto

PART II
CITIZENSHIP

   4.   Citizens of Zambia

   5.   Children of citizens of Zambia

   6.   Persons entitled to apply to be registered as citizens

   7.   Powers of Parliament

   8.   Citizenship Board

   9.   Cesser of Citizenship

   10.   Interpretation

PART III
PROTECTION OF THE FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

   11.   Fundamental rights and freedoms

   12.   Protection of right to life

   13.   Protection of right to personal liberty

   14.   Protection from slavery and forced labour

   15.   Protection from inhuman treatment

   16.   Protection from deprivation of property

   17.   Protection for privacy of home and other property

   18.   Provisions to secure protection of the law

   19.   Protection of freedom of conscience

   20.   Protection of freedom of expression

   21.   Protection of freedom of assembly and association

   22.   Protection of freedom of movement

   23.   Protection from discrimination on the grounds of race, etc

   24.   Protection of young persons from exploitation

   25.   Derogation from fundamental rights and detention

   26.   Provisions relating to restriction and detention

   27.   Reference of certain matters to special tribunal

   28.   Enforcement of protective provisions

   29.   Declaration of war

   30.   Declaration of public emergency

   31.   Declaration relating to threatened emergency

   32.   Interpretation and savings

PART IV
THE EXECUTIVE

   33.   Office of President

   34.   Election of President

   35.   Tenure of office of President

   36.   Removal of President on grounds of incapacity

   37.   Impeachment of President for violation of Constitution

   38.   Vacancy in office of President

   39.   Discharge of functions of President during absence, illness, etc

   40.   Oaths of President

   41.   Returning Officer, questions relating to elections

   42.   Salary and allowances of President

   43.   Protection of President in respect of legal proceedings

   44.   Functions of President

   45.   Vice President

   46.   Minister

   47.   Provincial Deputy Minister and Deputy Minister

   48.   Oaths of Vice President, Minister and Deputy Minister

   49.   Cabinet

   50.   Functions of Cabinet

   51.   Accountability of Cabinet and Deputy Ministers

   52.   Code of conduct

   53.   Secretary to the Cabinet

   54.   Attorney-General

   55.   Solicitor-General

   56.   Director of Public Prosecutions

   57.   Discharge of functions of Director of Public Prosecutions during absence, illness, etc

   58.   Tenure of office of Director of Public Prosecutions

   59.   Prerogative of Mercy

   60.   Advisory committee

   61.   Offices for Republic

PART V
THE LEGISLATURE

   62.   Legislative power and membership of Parliament

   63.   Composition of and election to National Assembly

   64.   Qualifications for election to National Assembly

   65.   Disqualification for election to National Assembly

   66.   Nomination for election to National Assembly

   67.   By-election for National Assembly

   68.   Nominated members

   69.   Speaker

   70.   Deputy Speaker

   71.   Tenure of office of members of the National Assembly

   72.   Determination of questions as to membership of National Assembly

   73.   Clerk and staff of National Assembly

   74.   Removal of nominated member by President

   75.   The franchise

   76.   Electoral Commission

   77.   Constituencies and elections

   78.   Exercise of legislative power of Parliament

   79.   Alteration of Constitution

   80.   Statutory Instruments

   81.   Restrictions with regard to certain financial matters

   82.   President may address National Assembly

   83.   Presiding at National Assembly

   84.   Voting and quorum

   85.   Unqualified person, sitting or voting

   86.   Procedure in National Assembly

   87.   Privileges and immunities of National Assembly

   88.   Dissolution of Parliament and related matters

   89.   Oaths to be taken by Speaker and members

   90.   The Investigator-General

PART VI
THE JUDICATURE

   91.   Courts

   92.   Supreme Court

   93.   Appointment of judges of Supreme Court

   94.   High Court

   95.   Appointment of Puisne Judges, Chairman and Deputy Chairman of Industrial Relations Court

   96.   Acting Judge of Supreme Court or of High Court to act or hold office until appointment expires or is revoked

   97.   Qualifications for appointment as Supreme Court Judge, Puisne Judge, Chairman and Deputy Chairman of Industrial Relations Court

   98.   Tenure of office of Judges of the Supreme Court and the High Court

   99.   Oaths to be taken by Judge

PART VII
DEFENCE AND NATIONAL SECURITY

   100.   The Zambia Defence Force

   101.   Functions of Defence Force

   102.   Parliament to regulate Defence Force

   103.   Zambia Police Force

   104.   Functions of Zambia Police Force

   105.   Parliament to regulate Zambia Police Force

   106.   Prison Service

   107.   Parliament to regulate Zambia Prison Service

   108.   Zambia Security Intelligence Service

PART VIII
LOCAL GOVERNMENT SYSTEM

   109.   Local Government System

PART IX
DIRECTIVE PRINCIPLES OF STATE POLICY AND THE DUTIES OF A CITIZEN

   110.   Application of Directive Principles of State Policy

   111.   Directives not to be justiciable

   112.   Directive Principles of State Policy

   113.   Duties of citizen

PART X
FINANCE

   114.   Imposition of taxation

   115.   Withdraw of moneys from the general revenues

   116.   Supplementary estimates in respect of expenditure authorised by warrant

   117.   Appropriation Acts and Supplementary Appropriations Acts

   118.   Finance report

   118A.   Planning and Budgeting legislation

   119.   Remunerations of certain officers

   120.   Public debt

   121.   Auditor-General

   122.   Tenure of office of Auditor-General

PART XI
SERVICE COMMISSIONS

   123.   Commissions

   124.   Pension laws and protection

PART XII
HUMAN RIGHTS COMMISSION

   125.   Establishment of the Human Rights Commission and its independence

   126.   Functions, powers, composition, procedure, etc. of Human Rights Commission

PART XIII
CHIEFS AND HOUSE OF CHIEFS

   127.   The Institution of Chief

   128.   Concept and principles relating to institution of Chiefs

   129.   Chief not to be partisan

   130.   House of Chiefs

   131.   Functions of House of Chiefs

   132.   Composition of House of Chiefs

   133.   Tenure of office and vacancy

   134.   Oaths of members of House of Chiefs

   135.   Staff of House of Chiefs

   136.   President may make regulations

PART XIV
MISCELLANEOUS

   137.   Resignations

   138.   Re-appointment and concurrent appointment

   139.   Interpretation

CONSTITUTION OF THE REPUBLIC OF ZAMBIA

PREAMBLE

WE, THE PEOPLE OF ZAMBIA by our representatives, assembled in our Parliament, having solemnly resolved to maintain Zambia as a Sovereign Democratic Republic;

DETERMINED to uphold and exercise our inherent and inviolable right as a people to decide, appoint and proclaim the means and style to govern ourselves;

RECOGNISE the equal worth of men and women in their rights to participate, and freely determine and build a political, economic and social system of their own free choice;

PLEDGE to ourselves that we shall ensure that the State shall respect the rights and dignity of the human family, uphold the laws of the State and conduct the affairs of the State in such manner as to preserve, develop, and utilise its resources for this and future generations;

DECLARE the Republic a Christian nation while upholding the right of every person to enjoy that person's freedom of conscience or religion;

RESOLVE to uphold the values of democracy, transparency, accountability and good governance;

AND FURTHER RESOLVE that Zambia shall forever remain a unitary, indivisible, multi-party and democratic sovereign state;

DO HEREBY ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

[Preamble subs by s 2 of Act 18 of 1996.]

PART I
NATIONAL SOVEREIGNTY AND THE STATE

[Part I subs by s 3 of Act 18 of 1996.]

1.   Declaration of Republic, sovereignty of people, supreme law and official language

   (1) Zambia is a unitary, indivisible, multi-party and democratic sovereign State.

   (2) All power resides in the people who shall exercise their sovereignty through the democratic institutions of the State in accordance with this Constitution.

   (3) 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.

   (4) This Constitution shall bind all persons in the Republic of Zambia and all Legislative, Executive and Judicial organs of the State at all levels.

   (5) The official language of Zambia shall be English.

[Article 1 subs by s 3 of Act 18 of 1996.]

2.   Public seal

The Public Seal of the Republic shall be such as may be prescribed by or under an Act of Parliament.

[Article 2 subs by s 3 of Act 18 of 1996.]

3.   National Anthem, National Flag, National Emblem and National Motto

The National Anthem, the National Flag, the National Emblem and the National Motto shall be such as may be prescribed by or under an Act of Parliament.

[Article 3 subs by s 3 of Act 18 of 1996.]

PART II
CITIZENSHIP

[Part II subs by s 4 of Act 18 of 1996.]

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 entitled to 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 4 subs by s 4 of Act 18 of 1996.]

5.   Children of citizens 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 5 subs by s 4 of Act 18 of 1996.]

6.   Persons entitled to apply to be registered as citizens

   (1) Any person who—

      (a)   has attained the age of twenty-one years; 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;

      (c)   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 6 subs by s 4 of Act 18 of 1996.]

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 that person's citizenship of Zambia:

Provided that a person shall not be deprived of his citizenship except on the grounds that—

      (i)   that person is a citizen of a country other than Zambia; or

      (ii)   that person obtained such citizenship by fraud.

[Article 7 subs by s 4 of Act 18 of 1996.]

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 8 subs by s 4 of Act 18 of 1996.]

9.   Cesser of Citizenship

   (1) A person shall cease to be a citizen of Zambia if that person—

      (a)   acquires the citizenship of a country other than Zambia by a voluntary act, other than marriage; and

      (b)   does any act indicating that person's intention to adopt or make use of any other citizenship.

   (2) A person who—

      (a)   becomes a citizen of Zambia by registration; and

      (b)   immediately after becoming a citizen of Zambia, is 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 such person becomes a citizen of Zambia unless such person has renounced the citizenship of that other country, taken 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 the citizenship of that other country that person need not make such renunciation but 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 that person has not then made the renunciation, taken the oath or made or registered the declaration, as the case may be.

[Article 9 subs by s 4 of Act 18 of 1996.]

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 in that country, as the case may be.

   (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 April, 1986, whose father was an established resident shall continue to enjoy the rights and privileges, under, and remain subject to, the law prevailing immediately before that date.

[Article 10 subs by s 4 of Act 18 of 1996.]

PART III
PROTECTION OF THE FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

11.   Fundamental rights and freedoms

It is recognised 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 of that protection as are contained in this Part, being 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.

12.   Protection of right to life

   (1) A person shall not 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) A person shall not 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; or

      (d)   in order to prevent the commission by that person of a criminal offence.

13.   Protection of right to personal liberty

   (1) A person shall not be deprived of his personal liberty except as may be authorised 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 of 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 fulfillment 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 his 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 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 he 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 therefor from that other person.

14.   Protection from slavery and forced labour

   (1) A person shall not be held in slavery or servitude.

   (2) A person shall not be required to perform forced labour.

   (3) For the purpose of this Article, the expression “forced 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 obligations.

15.   Protection from inhuman treatment

A person shall not be subjected to torture, or to inhuman or degrading punishment or other like treatment.

16.   Protection from deprivation of property

   (1) Except as provided in this Article, property of any description shall not be compulsorily taken possession of, and interest in or right over property of any description shall not be compulsorily acquired, unless by or under the authority of an Act 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 judgments 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 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 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 utilisation 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 for 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 the 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 land, the carrying out thereon—

      (i)   of work for the purpose of the conservation of natural resources of 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 licence 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 licence for the purpose of 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 licence or to the exercise of the rights accruing or to the development or exploitation of any mineral, mineral oil or natural gases; or

      (ii)   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 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 rights enjoyed by Chiefs and persons claiming through or 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 sub-division, 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.

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.