NATIONAL DIALOGUE (CONSTITUTION, ELECTORAL PROCESS, PUBLIC ORDER AND POLITICAL PARTIES) ACT

to facilitate the implementation of the Siavonga resolutions of political parties relating to constitutional and institutional reforms, separation of powers and judicial independence, tolerance, freedom of assembly and civility in politics and electoral reforms; provide for a national dialogue process to facilitate the Constitution refinement process and regulation of political parties, public order and electoral process reforms; establish the National Dialogue Forum and provide for its functions; and provide for matters connected with, or incidental to, the foregoing.

[18th April, 2019]

Act 1 of 2019,

SI 26 of 2019.

1. Short title

This Act may be cited as the National Dialogue (Constitution, Electoral Process, Public Order and Political Parties) Act.

2. Interpretation

In this Act, unless the context otherwise requires—

"Chairperson" means the person appointed as Chairperson of the Forum in accordance with section 5;

"committee" means a committee of the Forum appointed by the members in accordance with section 7;

"draft Bills" means the draft Constitution of Zambia (Amendment) Bill, 2019, the draft Electoral Process (Amendment) Bill, 2019, the draft Public Order Bill, 2019, and the draft Political Parties Bill, 2019, reviewed by the Forum during the review process;

"Forum" means the National Dialogue Forum established in section 4;

"legally disqualified" means having no legal capacity as provided in section 4 of the Mental Health Act, 2019;

"member" means a member of the Forum appointed under section 5;

"non-governmental organisation" means a non-governmental organisation registered, or exempted from registration, under the Non-Governmental Organisations’ Act 2009;

"review process" means the process of reviewing and adopting the draft Bills beginning from the date of appointment of the members until the date of submission of the draft Bills to the Ministers responsible for the statutory functions to which the draft Bills relate;

"Secretary" means the Secretary to the Forum appointed under section 11;

"Siavonga resolutions" means the resolutions of Secretaries-General of political parties signed at Siavonga on 12th June, 2018;

"standing committee" means the standing committee appointed by the Forum under section 7;

"Vice-Chairperson" means a person elected as a Vice-Chairperson of the Forum in accordance with 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.

3. Principles of national dialogue

(1) The following principles apply to the national dialogue process—

(a) transparency and accountability;

(b) inclusiveness and democratic decision-making; and

(2) The Government, the Forum, political parties, non-governmental organisations and the people of Zambia shall, during the tenure of the Forum—

(a) acknowledge that the legislative authority of the Republic derives from the people;

(b) recognise the legislative power vested in Parliament by Article 62 of the Constitution;

(d) undertake not to unlawfully deny, or interfere with, any person’s right to hold or attend public meetings or assemblies, the right to personal liberty, and the freedoms of expression and conscience relating to the Forum during the review process;

(e) ensure that the police protect the safety of all persons, who attend meetings or exercise the other rights in relation to the Forum from violence from whatever source;

(f) ensure that the meetings of the Forum are held in peace;

(g) respect the independence of the members; and

(h) desist from any political or administrative action that adversely affects or is likely to adversely affect the operation or success of the review process.

4. Establishment, functions and powers of National Dialogue Forum

(1) There is established the National Dialogue Forum which, subject to the Constitution, is a forum for the implementation and enhancement of the Siavonga resolutions for proposals to—

(a) alter the Constitution, based on the draft amendments proposed to the Constitution based on submissions from the stakeholders specified in the Schedule, following the enactment of the Constitution of Zambia (Amendment) Act, 2016, and additional submissions from the church; and

(b) reform the law on the electoral process, public order and regulation of political parties based on submissions from various stakeholders.

(2) The Forum may, in performing its functions under sub-section (1), vary, confirm, add or remove any provision of the draft amendments or repeals and replacements proposed to the Constitution, the Electoral Process Act, 2016, the Public Order Act and the draft provisions of the Political Parties Bill, 2019, that the Forum considers appropriate.

(3) The Forum shall, in the performance of the functions or exercise of the powers conferred by this Act—

(a) be accountable to the people of Zambia;

(b) recognise the importance of confidence building, engendering trust and developing a national consensus for the review process;

(i) provides the members with an opportunity to actively, freely and meaningfully participate in generating and debating proposals to alter the Constitution, the Electoral Process Act, 2016 and the Public Order Act and provide for the enactment of the Political Parties Bill, 2019, as contained in their submissions and appropriate technical or expert reports considered by the Forum;

(ii) is, subject to this Act, conducted in an open manner; and

(iii) is guided by the respect for the universal principles of human rights, gender equality and democracy; and

(d) ensure that the final outcome of the review process faithfully reflects the wishes of the people of Zambia.

(4) The members have, subject to the provisions of any other written law, all the powers necessary for the performance of their functions under this Act and, for that purpose, may require the attendance of any person whom the members wish to call before them or before a committee and call for the production of any document or information that may be considered relevant to the functions of the Forum.

5. Composition of Forum

(1) The Forum consists of all Members of Parliament and the following members appointed by the Secretary to the Cabinet—

(a) two representatives from each political party with representation in Parliament;

(b) one representative each from a political party which is a member of the forum of political parties which are members of the Zambia Centre for Inter-Party Dialogue;

(i) Zambia Conference of Catholic Bishops;

(ii) Council of Churches in Zambia;

(iii) Evangelical Fellowship of Zambia;

(iv) Islamic Council of Zambia;

(v) Independent Churches Association of Zambia;

(vi) Seventh Day Adventist Church Association;

(vii) Apostolic Church in Zambia;

(viii) Islamic Supreme Council of Zambia; and

(ix) Lusaka Hindu Association;

(d) one representative each of the—

(i) Office of the President; and

(ii) Office of Clerk of the National Assembly;

(e) two representatives of the Judiciary;

(f) one representative each of the Ministries responsible for—

(i) defence;

(ii) home affairs;

(iii) higher education;

(iv) commerce, trade and industry;

(v) local government;

(vi) community development and social services; and

(vii) chiefs and traditional afffairs;

(g) ten citizens who made submissions, appointed by the Minister;

(h) one chief each from the Provincial Council of Chiefs; representing the House of Chiefs;

(i) two representatives each of the—

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