For the whole of october and november 2001, members of the public studied and debated the 1st draft constitution. Zambian constitution info page download the zambia constitution oct 2014, 2nd draft pdf file, 1. The first draft has recently been published april 2012 is embedded below. First impression is that there are certainly some interesting additions, but overall this looks to be a popular but not well thought through draft. Apr 03, 2019 the zambian government has announced its intention to enact into law a bill to implement the national dialogue constitution, electoral process, public order and political parties. The first and final drafts constitution of the republic of zambia. As such, it gives statutory sanction to the status quo, incor porating as much of the political achievement of. Constitution of zambia, amendment act 5 of 1972, and act 27 of 1973. Final draft constitution of zimbabwe 20 to assist the public understand the contents of the draft. The constitution amendment bill 2019, also known as bill no. Constitution of zambia, in this act referred to as the constitution. For example the draft constitution now states that propaganda against christianity is not protected speech.
A first draft of the constitution was released by the technical committee in april 2012 reflecting one of the most progressive constitutional documents in the world. Comparative constitutions project, and distributed on. The constitution of zambia arrangement of articles table of contents part i supremacy and defence of constitution 1. The constitution of zambia act, 1991 and the constitution in the schedule to that act, are repealed in so far as they form part of the laws of zambia. However, unlike the 1996 constitution, in this draft christianity is sneaked into the main body of the constitution, even into the bill of rights. Republic of zambia first draft constitution of the republic of zambia the secretariat technical committee on drafting the zambian constitution government complex conference centre p. History of zambian constitution zambia daily nation.
Download zambias new constitution as amended elias. On 5 january 2016 president edgar lungu signed zambias new constitution with much fanfare and pomp. In order to realise a peopledriven process, the tcdzc prepared a first draft based on previous documentation, which they then subjected to a consultative process involving. This act may be cited as the constitution of zambia amendment act, 2019, and shall be read as one with the constitution of zambia, in this act referred to as the constitution. This page provide ongoing commentary and analysis on key articles of interest. The first draft of the constitution, which was published on april 30, 2012, guarantees the freedom and independence of electronic, print, and other types of media. Republic of zambia first draft constitution of the republic of zambia 30 the secretariat technical committee on drafting the zambian constitution government complex conference centre p.
The national dialogue constitution, electoral process. Constitution of zambia amendment national assembly of zambia. Constitution of zambia 1996 ace electoral knowledge. A new commission, chaired by john mwanakatwe, was appointed in 1993 to draft a constitution.
Review of the draft constitution for the republic of zambia. In 1998, zambia took the lead in efforts to establish a ceasefire in the democratic republic of congo. However, for the first time in zambia s constitutional history, the government has allowed recommendations from the crc to be adopted by the people through a widely representative body the ncc. This act may be cited as the constitution of zambia amendment act, 2015, and shall be read as one with the constitution of zambia, in thisact referred to as the constitution. The draft bill proposes to establish a forum to make amendments to the.
Third, zambia is engaged in the process of drafting a new constitution, led by a technical committee appointed by president michael sata. Designing a process around intervening national elections is a choice worthy of note, in particular in how it provides democratic upstream and downstream constraints on the constitutionmaking process. It is a giant step towards the media law reforms that helps in providing freedom. Jan 05, 2016 zambian leader edgar lungu signed into law constitutional changes setting new rules for general elections on aug. The implications of zambias draft constitution for. The zambian government has announced its intention to enact into law a bill to implement the national dialogue constitution, electoral process, public order and political parties.
The following provisions are recommended in the first draft constitution. Ministry of justice release of the draft constitution national. Constitution of zambia amendment bill, 2019 second laymans draft memorandum to the committee on estimates of parliament on the ramifications of the proposed securities bill n. The draft constitution of india economic and political. The technical committee drafting the zambian constitution has disclosed that the soft copy of both the draft constitution and the report of the technical committee are kept at the ministry of. Technical committee drafting the zambian constitution was mandated to deliver. At the conclusion of its deliberations, the forum was obliged by section 146 of the act to adopt the draft constitution of zambia amendment bill and submit it to the hon minister of justice. Why should the laws of the land be first analysed by him and he decides what should be ratified or not.
Kaunda was elected as first republican president and clause 4 of the independence constitution stated that the first president of the republic of zambia shall be dr. Zambian leader edgar lungu signed into law constitutional changes setting new rules for general elections on aug. The press association of zambia paza, and foundation for democratic process fodep supported this idea. This act may be cited as the constitution of zambia act, 200. President edgar lungu has unveiled the longawaited peopledriven republican constitution as he promised. In zambia, the momentum for adoption of the new draft has slowly but surely been sandbagged, until in august this year, the innovative human rights components of the draft failed at the. Technical committee on drafting the zambian constitution 2011. Government of the republic of zambia grzunited nations. History of zambian constitutionpart v zambia daily nation. Constitution of zambia act, 1991 and the constitution in the schedule to that act. He said the consultation period on the draft constitution would last for 40 days. Formerly northern rhodesia, zambia became a republic immediately.
Forum hereinafter called the forum, a body constituted to validate the draft constitution of zambia amendment bill among other things. The first draft constitution of zambia has been released for a 40 day consultation. These topic pages provide a quick overview and easy access to all content that can be found on ace for any give topic of interest weather encyclopaedia files, electoral materials, comparative data, consolidated replies, case studies, or other. The constitution of the united states preamble we the people of the united states, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do.
Constitution of zambia amendment act 1991 assented to on 24 august 1991. Elections to councils shall be conducted under a firstpastthepost electoral. The ministry of justice facilitates the printing of the final draft constitution and makes available electronic copies on a number of websites including the national assembly of zambia website. First draft constitution of the republic of zambia the article goes on to say that governmentcontrolled media will also be able to operate independently. Box 50106 lusaka 30th april, 2012 i the constitution of zambia arrangement of articles table of contents part i supremacy and defence of constitution 1.
Citizenship by birth recommendations in the first draft constitution. The first draft of the constitution was made public on the 30th of april 2012 for the purposes of allowing 40 days for public consultations. Bill of rights in zambia essay 4336 words antiessays. This act may be cited as the constitution of zambia amendment act, 2016, and shall be read as one with the constitution of zambia, in this act referred to as the constitution. Continuous effect of constitution part ii sovereignty 4. Draft constitution good so far, hope sata wont water it. The president was also given the power of pardon as set out in section 831 of the northern rhodesia constitution. My first observation is that the draft constitution is too longit is at least three times the length of the present constitution.
Zambian constitution changes set rules for august elections. Ministry of justice release of the draft constitution. The declaration of zambia as a christian nation is from the 1996 constitution. The first attempt was in february 1972 when then president kenneth kaunda. Executive power is exercised by the government, while legislative power is vested in both the government and parliament. This is one of the judicial bodies that shall be established pursuant to the provisions of the arbitration act of zambia which will be applied in substantial conformity with the disciplinary code of faz and the code of ethics of faz association. In the interests of reducing the size of what is already a very lengthy document, article 1 4 could be deleted.
So this idea that you must have a referendum to get a successful constitution is not. Final draft constitution will not be doctoredmalila. The government released the long due draft constitution. After its release, the first draft constitution was subjected to validation through broad. Constitutionmaking in southern africa freedom house. First schedule to this constitution and six area councils as shown in part ii of that schedule. This draft constitution of zambia really looks good to me. However the drafting of the zambian constitution has caused confusion regarding the continuing validity of the top act. Keeping to this promise, president sata appointed a technical committee to draft a new constitution on 16.
There were landmark steps on freedom of speech and ngo registration. It based on active discussions taking place on our facebook page. Article 28 right to life in all versions of the draft onstitution states that a person has the right to life, beginning at conception. He said the draft constitution has incorporated social, economic,cultural,religious and environmental rights. The first draft did not even have the bill of rights which was added through the first ten amendments. Article 1 deals with the supremacy of the constitution.
Copac considered that it will be easier for a person who may have no time to read the whole draft, to read only this summary and obtain an appreciation of the contents of the draft. There have been varying voices on the document with some sections of society expressing doubt while others have embraced the process with confidence. First and foremost, i wish to thank god for making me able to complete this work. Constitution online centre for human rights, university of pretoria, south africa pdf. With the demise of kaunda and the election of fredrick j.
In december 2005, the mungomba commission produced a draft constitution and. It is a promise he made to the zambian people on january 24, 2015, when he was sworn in as zambias sixth head of state and he returned to the same venue, heroes. Parliament passed the constitution of zambia amendment bill. It aims to please everyone rather than offer an intellectually sound position. Zambian draft constitution for android apk download. Situation report january 2014 zambias constitutionmaking process addressing the impasse and future challenges zambias constitutionmaking exercise initiated in 2011 is at a critical crossroads because of ambiguities over the modes of validating the draft document, and eventually adopting and enacting the final constitution. The quest for a people driven constitution in zambia constitutionnet. Chiluba as president, a new attempt was made to get a lasting constitution for zambia. The draft bill proposes to establish a forum to make amendments to the 2016 constitution, the elections law and the pubic order act.
Acting in terms of that mandate, the nca launched the 1st draft on 28 september 2001 and thereafter the following events took place. The politics of zambia takes place in a framework of a presidential representative democratic republic, whereby the president of zambia is head of state, head of government and leader of a multiparty system. Subject to this act, the constitution shall come into operation on the date of assent by the president. Laws of zambia part iii national values, principles and. Pratapgiri university of bombay t he draft constitution of india sums up the constitutional position of the country on the attainment of political freedom. Throughout the history of constitution reform in zambia, there has often been tension between the need to encourage consensus and popular involvement on the one hand, and the desire by the. Constitution of zambia act 2016 national assembly of zambia. The draft constitution was praised by all stakeholders and zambians hoped that they would at last get a constitution that would last the test of time. Continuous effect of constitution part ii republic of zambia and sovereign authority of the people 4. The committee should come out with a draft constitution of zambia within a stipulated time frame. The ceremony passed the provisions whose amendment does not require referendum, leaving the bill of rights and the amendment clause to undergo the mandatory referendum expected to bring to an end the 40year struggle to enact a people driven constitution that enjoys both legitimacy. Government of zambia act national assembly of zambia. On the 15 th of january 2014 the zambian watchdog and lusaka times released a leaked copy of the final draft constitution which was reportedly handed to president sata one of president satas promises in the runup to his election in 2011 was the adoption of a new constitution. Zambia was the first african state to cooperate with the international criminal tribunal for rwanda into the rwandan genocide in 1994.
The implications of zambias draft constitution for maternal. Jan 29, 2016 the technical committee on drafting the zambian constitution tcdzc was set up with the mandate to use past constitution documentation to draft a new constitution. The expenses of drafting and introducing a bill in the national assembly shall be. Republic of zambia first draft report of the technical committee on drafting the zambian constitution the secretariat technical committee on drafting the zambian constitution government complex conference centre kamwala lusaka june, 2012. Draft constitution good so far, hope sata wont water it down. I participated in the printing and distribution of the final document and we worked with the foundation for democratic process to distribute the draft to all the districts in zambia. This act may be cited as the constitution of zambia act, 2016.
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