Zambia is an African landlocked country sharing a border with Democratic Republic of the Congo, Tanzania, Malawi, Mozambique, Zimbabwe, Botswana, Namibia, and Angola. The population of this country is approx 2,02,16,000 with 7,52,617 square kilometers area. Ethnically there are numerous communities, and no one is a majority. The official language is English, and the population speaks numerous languages. Religiously 75% are Protestant, and 20% are Catholic.
The responsibilities of a political party, what it must do, and what it must refrain from, are described in Article 60, and this article regarding political parties in Zambia is the best among all countries in the world.
These are positive aspects. Now let's discuss the negative aspects.
Zambia is officially a 'Christian nation'. In addition to the traditional parliament, government, and courts, Zambia has a dual system of governance under the titles of customary law, chieftaincy etc.
Some jokes compare lawyers to the Iblis, the leader of devils. If you read Article 23, you will understand why such jokes are common. The constitution, the law, any government directive should be simple so that it can be understood by the general public. To make the law difficult to understand means to create a tangle of cases in the courts, and only the lawyers will benefit from it. Many articles of the Zambian constitution are difficult to understand. Article 23 is just one example.
Admirable Articles of Zambia's Constitution
Article 2. Defence of Constitution
Every person has the right and duty to—
1. defend this Constitution; and
2. resist or prevent a person from overthrowing, suspending or illegally abrogating this Constitution.
Article 3. Continuous effect of Constitution
The operation of this Constitution shall not be affected by an unlawful act to overthrow, suspend or illegally abrogate its provisions.
Article 14. Protection from Slavery and Forced Labour
1. No person shall be held in slavery or servitude.
2. No person shall 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 obligation.
Article 15. Protection from Inhuman Treatment
No person shall be subjected to torture, or to inhuman or degrading punishment or other like treatment.
Article 60. Political parties
1. A political party has the right to—
a. disseminate information on social and economic programmes of a national character and of its political ideology;
b. sponsor candidates for election or nomination to a State office in respect of which elections are required to be held; and
c. conduct primary elections for the selection of candidates.
2. A political party shall—
a. promote the values and principles specified in this Constitution;
b. have a national character;
c. promote and uphold national unity;
d. promote and practice democracy through regular, free and fair elections within the party;
e. respect the right of its members to participate in the affairs of the political party;
f. respect the right of its members to seek redress from a court or tribunal when aggrieved by a decision of the political party; and
g. subscribe to and observe the code of conduct for political parties, as prescribed.
3. A political party shall not—
a. be founded on a religious, linguistic, racial, ethnic, tribal, gender, sectoral or provincial basis or engage in propaganda based on any of these factors;
b. engage in or encourage violence or intimidate its members, supporters, opponents or other persons;
c. engage in corrupt practices; and
d. except as prescribed, use public resources to promote its interest or that of its members.
4. The following shall be prescribed with regard to political parties:
a. the establishment and management of a Political Parties’ Fund to provide financial support to political parties with seats in the National Assembly;
b. the accounts of political parties which are funded under the Political Parties’ Fund and the submission of audited accounts by political parties;
c. the sources of funds for political parties;
d. the maximum amount of money to be used for campaigns during elections; and
e. matters incidental to matters specified in this clause.
Article 77. Procedure of National Assembly
1. Subject to this Article and Article 78, the National Assembly shall regulate its own procedure and make Standing Orders for the conduct of its business.
2. The proceedings of the National Assembly shall not be invalid due to—
a. a vacancy in its membership; or
b. the presence or participation of a person not entitled to be present at, or to participate in, the proceedings of the National Assembly.
3. There shall preside at a sitting of the National Assembly—
a. the Speaker;
b. in the absence of the Speaker, the First Deputy Speaker;
c. in the absence of the First Deputy Speaker, the Second Deputy Speaker; or
d. in the absence of the Second Deputy Speaker, another Member of Parliament as the members may elect for that sitting.
4. The quorum for a meeting of the National Assembly shall be one-third of the Members of Parliament.
Article 153. Election of councillors, composition of councils and tenure
● A councillor shall be elected in accordance with Article 47(3) by registered voters resident within the district.
● A person qualifies to be elected as a councillor, excluding councillors specified under clause (2) (b), if that person—
● is not a Member of Parliament;
● is not less than nineteen years of age;
● is a citizen or a holder of a resident permit, resident in the district; and
● has a certificate of clearance showing the payment of council taxes, where applicable.
● A council may invite a person, whose presence is in its opinion desirable, to attend and to participate in the deliberations of the council but that person shall have no vote.
● The term of a council shall be five years commencing from the date the councillors are sworn into office after a general election and ending on the date Parliament is dissolved.
Article 173. Values and principles of public service
1. The guiding values and principles of the public service include the following—
a. maintenance and promotion of the highest standards of professional ethics and integrity;
b. promotion of efficient, effective and economic use of national resources;
c. effective, impartial, fair and equitable provision of public services;
d. encouragement of people to participate in the process of policy making;
e. prompt, efficient and timely response to people’s needs;
f. commitment to the implementation of public policy and programmes;
g. accountability for administrative acts;
h. proactively providing the public with timely, accessible and accurate information;
i. merit as the basis of appointment and promotion;
j. adequate and equal opportunities for appointments, training and advancement of members of both gender and members of all ethnic groups; and
k. representation of persons with disabilities in the composition of the public service at all levels.
2. The values and principles specified in clause (1) apply to service—
a. at national, provincial and local government levels; and
b. to all State organs and State institutions.
3. A public officer shall not be—
a. victimised or discriminated against for having performed functions in good faith in accordance with this Constitution or other law; or
b. removed from office, reduced in rank or otherwise punished without just cause and due process.
Article 255. Principles of environmental and natural resources management and development
The management and development of Zambia’s environment and natural resources shall be governed by the following principles:
● natural resources have an environmental, economic, social and cultural value and this shall be reflected in their use;
● the person responsible for polluting or degrading the environment is responsible for paying for the damage done to the environment;
● where there are threats of serious or irreversible damage to the environment, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation;
● the conservation and protection of ecologically sensitive areas, habitats, species and other environment shall be done in a sustainable manner;
● respect for the integrity of natural processes and ecological communities;
● benefits accruing from the exploitation and utilisation of the environment and natural resources shall be shared equitably amongst the people of Zambia;
● saving of energy and the sustainable use of renewable energy sources shall be promoted;
● reclaiming and rehabilitation of degraded areas and those prone to disasters shall be promoted;
● unfair trade practices in the production, processing, distribution and marketing of natural resources shall be eliminated;
● origin, quality, methods of production, harvesting and processing of natural resources shall be regulated;
● equitable access to environmental resources shall be promoted;
● effective participation of people in the development of relevant policies, plans and programmes; and
● access to environmental information to enable people preserve, protect and conserve the environment.
Article 256. Protection of environment and natural resources
A person has a duty to co-operate with State organs, State institutions and other persons to—
● maintain a clean, safe and healthy environment;
● ensure ecologically sustainable development and use of natural resources;
● respect, protect and safeguard the environment; and
● prevent or discontinue an act which is harmful to the environment.
Facts of Zambia's Constitution
Preamble (Part of it)
WE, THE PEOPLE OF ZAMBIA:
ACKNOWLEDGE the supremacy of God Almighty;
DECLARE the Republic a Christian Nation while upholding a person’s right to freedom of conscience, belief or religion;
DO HEREBY SOLEMNLY ADOPT AND GIVE TO OURSELVES THIS CONSTITUTION:
Article 7. Laws of Zambia
The Laws of Zambia consist of—
● this Constitution;
● laws enacted by Parliament;
● statutory instruments;
● Zambian customary law which is consistent with this Constitution; and
● the laws and statutes which apply or extend to Zambia, as prescribed.
Article 23. Protection from Discrimination on the Ground of Race, etc
1. Subject to clauses (4), (5) and (7), no law shall make any provision that is discriminatory either of itself or in its effect.
2. Subject to clauses (6), (7) and (8), no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority.
3. In this Article the expression “discriminatory” mean, affording different treatment to different persons attributable, wholly or mainly to their respective descriptions by race, tribe, sex, place of origin, marital status, political opinions colour or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description.
4. Clause (1) shall not apply to any law so far as that law makes provision—
a. for the appropriation of the general revenues of the Republic;
b. with respect to persons who are not citizens of Zambia;
c. with respect to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law;
d. for the application in the case of members of a particular race or tribe, of customary law with respect to any matter to the exclusion of any law with respect to that matter which is applicable in the case of other persons; or
e. whereby persons of any such description as is mentioned in clause (3) may be subjected to any disability or restriction or may be accorded any privilege or advantage which, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable in a democratic society.
5. Nothing contained in any law shall be held to be inconsistent with or in contravention of clause (1) to the extent that it is shown that it makes reasonable provision with respect to qualifications for service as a public officer or as a member of a disciplined force or for the service of a local government authority or a body corporate established directly by any law.
6. Clause (2) shall not apply to anything which is expressly or by necessary implication authorized to be done by any such provision or law as is referred to in clause (4) or (5).
7. No thing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that it is shown that the law in question makes provision whereby persons of any such description as is mentioned in clause (3) may be subjected to any restriction on the rights and freedoms guaranteed by Articles 17, 19, 20, 21 and 22, being such a restriction as is authorised by clause (2) of Article 17, clause (5) of Article 19, clause (2) of Article 20, clause (2) of Article 21 or clause (3) of Article 22, as the case may be.
8. Nothing in clause (2) shall affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under this Constitution or any other law.
Article 100. Qualifications and disqualifications for nomination as presidential candidate (Part of it)
● A person qualifies to be nominated as a candidate for election as President if that person—
● is at least thirty-five years old;
● has obtained, as a minimum academic qualification, a grade twelve certificate or its equivalent;
● is fluent in the official language;
Article 117. Provincial Minister (Part of it)
1. The President shall appoint a Provincial Minister for each Province from among Members of Parliament.
2. The office of Provincial Minister becomes vacant if—
a. the Provincial Minister is removed from office by the President;
b. the Provincial Minister resigns, by notice in writing to the President;
c. the Provincial Minister dies;
d. another person assumes the office of President;
e. the Provincial Minister has a mental or physical disability that makes the Provincial Minister incapable of performing the functions of that office; or
f. in the case of a nominated Member of Parliament, the nomination is revoked.
3. A Provincial Minister shall—
a. be the head of Government in the Province;
b. ensure that national policies are implemented in all districts in the Province; and
c. ensure that the concurrent functions of the Province and the exclusive functions of the local authorities are performed in accordance with this Constitution and other laws.
Article 153. Election of councillors, composition of councils and tenure
● A councillor shall be elected in accordance with Article 47(3) by registered voters resident within the district.
● A person qualifies to be elected as a councillor, excluding councillors specified under clause (2) (b), if that person—
● has obtained, as a minimum academic qualification, a grade twelve certificate or its equivalent;
Article 165. Institution of chieftaincy and traditional institutions
● The institution of chieftaincy and traditional institutions are guaranteed and shall exist in accordance with the culture, customs and traditions of the people to whom they apply.
● Parliament shall not enact legislation which—
● confers on a person or authority the right to recognise or withdraw the recognition of a chief; or
● derogates from the honour and dignity of the institution of chieftaincy.
Article 166. Status of institution of chieftaincy
The institution of chieftaincy—
● is a corporation sole with perpetual succession and capacity to sue and be sued; and
● has capacity to hold property in trust for its subjects.
Article 169. House of Chiefs and function
● There is established a House of Chiefs.
● The House of Chiefs shall consist of five chiefs from each province, elected by the chiefs in a Province, as prescribed.
● The members of the House of Chiefs shall annually elect a Chairperson and Vice-Chairperson of the House of Chiefs, from amongst themselves.
● Notwithstanding clause (3), the assumption of office as Chairperson and Vice-Chairperson of the House of Chiefs shall rotate annually amongst the chiefs from each province.
● The functions of the House of Chiefs are to —
● consider and discuss a Bill relating to custom or tradition referred to it by the President, before the Bill is introduced into the National Assembly;
● initiate, discuss and make recommendations to the National Assembly regarding socio-economic development in the Province;
● initiate, discuss and decide on matters relating to customary law and practice;
● initiate, discuss and make recommendations to a local authority regarding the welfare of communities in a local authority;
● make proposals on areas in customary law that require codification;
● advise the Government on traditional and customary matters; and
● perform other functions as prescribed.
Article 172. Legislation on House of Chiefs
The following matters shall be prescribed—
● the procedures and processes of the House of Chiefs;
● the emoluments of the Clerk and other staff of the House of Chiefs;
● the application of the privileges and immunities of a Member of Parliament to a member of the House of Chiefs; and
● other matters necessary for the better carrying out of the purposes of this Part.
