NATIONAL CONSTITUTIONAL CONFERENCE ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
THE NATIONAL CONSTITUTIONAL CONFERENCE

   3.   Establishment of Conference

   4.   Composition of Conference

   5.   Chairperson and vice-chairpersons

   6.   Tenure of office and vacancy

   7.   Oath of Office

   8.   Immunity of members of Conference and staff

   9.   Allowances of members

PART III
SECRETARIAT

   10.   Constitution of Secretariat

   11.   Secretary and deputy secretary

   12.   Employment of experts and other staff

PART IV
FUNCTIONS AND POWERS

   13.   Functions of Conference

   14.   Principles for democratic and secure adoption process

   15.   Powers of Conference

   16.   Drafting committee and other committees

   17.   Proceedings of Conference

   18.   Disclosure of interest

   19.   Meetings to be held in public

   20.   Publication of deliberations

   21.   Prohibition of publication of or disclosure of information to unauthorised persons

PART V
DURATION AND REPORT OF CONFERENCE

   22.   Duration of process

   23.   Dissemination and adoption of report

   24.   Adoption of report and draft bill

   25.   Presentation of Bill to National Assembly, etc.

PART VI
FINANCIAL PROVISIONS

   26.   Funds for expenses of Conference

   27.   Establishment of Fund

   28.   Vesting and administration of Fund

   29.   Accounts and Audit

   30.   Statement of income and expenditure

PART VII
GENERAL PROVISIONS

   31.   Offences

   32.   Dissolution of Conference

   33.   Regulations

      SCHEDULE

AN ACT

to establish the National Constitutional Conference and to define its composition, functions and powers; and to provide for matters connected with or incidental to the foregoing.

[31st August, 2007]

Act 19 of 2007,

Act 5 of 2010.

PART I
PRELIMUNARY

1.   Short title

This Act may be cited as the National Constitutional Conference Act.

2.   Interpretation

In this Act, unless the context otherwise requires—

“adopt” in relation to the draft Constitution means to examine, debate, agree and submit to the Minister, in accordance with this Act, the provisions of the final draft Constitution or part thereof to be submitted—

      (a)   to Parliament for enactment of those provisions which will not require a referendum; or

      (b)   to a referendum, for any alteration of Part III or Article 79 of the Constitution or any provisions of the draft Constitution in respect of which there is no agreement or, of the entire draft Constitution if a decision to do so is made by the members under sub-section (2) of section 13;

“adoption process” means the period from the date of appointment of the members to the date of submission of the draft Constitution or part thereof;

“Chairperson” means the person elected chairperson of the Conference under section 5;

“Commission” means the Constitution Review Commission appointed by the President by Statutory Instrument 40 of 2003 issued under the Inquiries Act;

“committee” means a committee of the Conference appointed by the members under section 16;

“Conference” means the National Constitutional Conference constituted by section 3;

“Constitution” means the Constitution of Zambia;

“deputy-secretary” means a deputy-secretary appointed under section 11;

“Fund” means the Constitutional Review Fund established by section 27;

“member” means a member of the Conference appointed under this Act;

“non-governmental organisation” means a non-governmental organisation registered, or exempted from registration, under the Societies Act or any other written law;

“Secretary” means the Secretary appointed under section 11;

“Vice-chairperson” means any person elected as Vice-Chairperson under section 5; and

“Zambia Centre for Inter-Party Dialogue” means the Zambia Centre for Inter-Party Dialogue established by trust deed and registered under the Land (Perpetual Succession) Act.

PART II
THE NATIONAL CONSTITUTIONAL CONFERENCE

3.   Establishment of Conference

There is hereby established the National Constitutional Conference which, subject to the Constitution, shall be a forum for the examination, debate and adoption of proposals to alter the Constitution as contained in the draft Constitution submitted by the Commission.

4.   Composition of Conference

   (1) The Conference shall consist of the following members who shall be appointed by the Secretary to the Cabinet:

      (a)   all members of the National Assembly;

      (b)   six representatives from each political party and the forum of other Parties which is a member of the Zambia Centre for Inter-Party Dialogue

      (c)   three representatives each of—

      (i)   the Zambia Episcopal Conference;

      (ii)   the Council of Churches in Zambia;

      (iii)   the Evangelical Fellowship of Zambia; and

      (iv)   any other Church Mother body which is registered under the Societies Act and has been in existence for at least five years;

      (d)   two representatives each of the following professional bodies:

      (i)   the Law Association of Zambia;

      (ii)   the Economics Association of Zambia;

      (iii)   the Zambia Association of Chambers of Commerce and Industry;

      (iv)   the Engineering Institution of Zambia;

      (v)   the Local Government Association of Zambia;

      (vi)   the Zambia Institute of Certified Accountants;

      (vii)   the Medical Association of Zambia; and

      (viii)   the General Nursing Council.

      (e)   two representatives of traditional healers;

      (f)   eighteen traditional leaders representing the House of Chiefs;

      (g)   two representatives each of—

      (i)   private media organisations;

      (ii)   public media organisations;

      (iii)   the Non-Governmental Organisation Coordinating Council;

      (iv)   the Anti-Corruption Commission;

      (v)   the Electoral Commission;

      (vi)   the Drug Enforcement Commission; and

      (vii)   the Human Rights Commission;

      (h)   seven representatives of the Zambia Congress of Trade Unions;

      (i)   three representatives of the Federation of Free Trade Unions of Zambia;

      (j)   three representatives each of the Zambia Federation of Employers;

      (k)   three representatives of trade unions affiliated to the Zambia Congress of trade Unions nominated by the Zambia Congress of Trade Unions;

      (l)   three representatives of trade unions affiliated to the Federation of Free Trade Unions of Zambia nominated by the Federation of Free Trade Unions of Zambia;

      (m)   two representatives each from—

      (i)   the University of Zambia;

      (ii)   the Copperbelt University; and

      (iii)   each private university which is registered under the University Act, 1999, at the commencement of this Act;

      (n)   two representatives each from the University of Zambia Students’ Union, the Copperbelt University Students’ Union and the National Students’ Union;

      (o)   five representatives from colleges and other institutions of higher learning registered under the Technical Education, Vocational and Entrepreneurship Training Act, 1998;

      (p)   two representatives each from the judicial Service Commission, the Public Service Commission, the Police and Prisons Service Commission and the Teaching Service Commission;

      (q)   two representatives each from the Zambia Army, the Zambia Air Force, the Zambia National Service, the Zambia Police Force, the Zambia Prison Service and the Zambia Security Intelligence Service;

      (r)   three representatives each of the following:

      (i)   the Judiciary;

      (ii)   the department of the Clerk of the National Assembly;

      (iii)   the associations of differently able persons registered with the Zambia Agency for Persons with Disabilities under the Persons with Disabilities Act;

      (iv)   the National Arts Council of Zambia;

      (v)   the Zambia Chambers of Commerce and Industry; and

      (vi)   the Zambia Agency for Persons with Disabilities established under the persons with Disabilities Act.

      (s)   one eminent Zambian, from each province, who has distinguished oneself in any business, field or profession;

      (t)   one senior citizen, from each province, who has held public office and is at least fifty-five years old;

      (u)   ten senior civil servants;

      (v)   three representatives of women’s organisations which are not members of the Non-Governmental Organisations Coordinating Council;

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