{ Adopted: 24 Aug 1991 / Enacted: 30 Aug 1991 / Status: 30 Aug 1991 }
Preamble
We
In Pursuance of our determination to uphold our inherent and
inviolable right to decide, appoint and proclaim the means and
style whereby we shall govern ourselves as a united and
indivisible Sovereign State;
Proceedings from the premise that all men have the right freely
to determine and build their own political, economic and social
system by ways and means of their own free choice;
Determined to ensure the rights of all men to participate fully
and without hindrance in the affairs of their own government
and in shaping the destiny of their own mother land;
Recognizing that individual rights of citizens including freedom,
justice, liberty and quality are founded on the realization of the
rights and duties of all men in the protection of life, liberty and
property, freedom of conscience, expression and association
within the context of our National Constitution;
Recognizing the right to work, to free choice of employment, to
just and favorable conditions of work and to protection against
unemployment;
Pledging to all citizens the right to equal access to social,
economic and cultural services and facilities provided by the
State or by public authorities;
Recognizing that the family is the natural and fundamental unit
of society and should be protected by the State;
Pledging to every citizen the right to education;
Pledging further to all citizens the bounden duty of the State to
respect the rights and dignity of all members of the human
family, to uphold the laws of the State and to conduct the
affairs of the state in such manner that its resources are
preserved, developed and enjoyed for the benefit of its citizens
as a whole;
do hereby enact and give to ourselves this Constitution.
Article 1 [Declaration of Republic]
(1) Zambia is a sovereign Republic.
(2) 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;
(3) The official language of Zambia shall be English.
Article 2 [Public Seal]
The Public Seal of the Republic shall be such as may be
prescribed by and under an Act of Parliament.
Article 3 [National Anthem and National Emblem]
The National Anthem and the National Emblem shall be such as
may be prescribed by or under an Act of Parliament.
Article 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 granted 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 5 [Children 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 6 [Registration as Citizens]
(1) Any person who --
(a) has attained the age of twenty-one years or is or has been
married to a citizen of Zambia; 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; or
(c) is a woman who has been married to a citizen of Zambia for
a period of more than three years preceding 24 July 1988; 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 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 his citizenship of Zambia:
Provided that a person who is a citizen --
(i) by virtue of Article 5 and was citizen of Zambia before
the commencement of this Constitution otherwise than by
registration or naturalization; or
(ii) by virtue of Article 6, shall not be deprived of his
citizenship except upon the ground that he is a citizen of a
country other than Zambia; and
(c) the renunciation by any person of his citizenship of Zambia.
Article 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 9 [Cession of Citizenship]
(1) A Citizen of Zambia shall cease to be such a citizen if at
any time he acquires the citizenship of a country other than
Zambia by a voluntary act other than marriage or does any act
indicating his intention to adopt or make use of such
citizenship.
(2) A person who --
(a) becomes a citizen of Zambia by registration; and
(b) is, immediately after he becomes a citizen of Zambia, 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
he becomes a citizen of Zambia unless he has renounced the
citizenship of that other country, taken the 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 his
citizenship of that other country he need not make such
renunciation but he 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 he has not then made
the renunciation, taken the oath or made or registered the
declaration, as the case may be.
Article 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, as the case may be, in that country.
(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 of April, 1986, whose
father was an established resident shall continue to enjoy the
rights and privileges, and shall remain subject to the law
prevailing immediately before that date.
(4) For the purposes of this Part --
"Citizenship Board" means the Citizenship Board established by
or under an Act of Parliament;
"established resident" means a person who, immediately before
the 1st April, 1986, qualified for that status in accordance with
the law then prevailing.
Article 11 [Fundamental Rights and Freedoms]
It is recognized and declared that every
(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 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.
Article 12 [Right to Life]
(1) No person shall 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) No person shall 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;
(d) in order to prevent the commission by that person of a
criminal offence.
Article 13 [Personal Liberty]
(1) No person shall be deprived of his personal liberty except as
may be authorized 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 or 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 this 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
from Zambia or for the purpose of restricting 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 the
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.
Article 14 [Protection from Slavery and Forced Labor]
(1) No person shall be held in slavery or servitude.
(2) No person shall be required to perform forced labor.
(3) For the purpose of this Article, the expression "force labor"
does not include--
(a) any labor required in consequence of a sentence or order of
a court;
(b) labor 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 labor 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 labor that that person is required by
law to perform in place of such service;
(d) any labor 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 labor 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 labor 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 16 [Protection from Deprivation of Property]
(1) Except as provided in this Article, no property
(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 thereover --
(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 judgements 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 a 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,
unutilized 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 the property in question being in 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 utilization 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 of 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 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 the
land, the carrying out thereon --
(i) of work for the purpose of the conservation of natural
resources or 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 license 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 license 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 license or to the exercise of the rights
accruing or to the development or exploitation of any mineral,
mineral oil or natural gases; or
(ii) in 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 of 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 right enjoyed by Chiefs and
persons claiming through and 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 subdivision, 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.
(3) An Act of Parliament such as is referred to in clause (1)
shall provide that in default of agreement, the amount of
compensation shall be determined by a court of competent
jurisdiction.
Article 17 [Privacy of Home and Other Property]
(1) Except with his own consent, no person shall be subjected
to the search of his person or his property or the entry by
others on his premises.
(2) Nothing 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 --
(a) that is reasonably required in the interests of defence, public
safety, public order, public morality, public health, town and
country planning, the development and utilization of mineral
resources, or in order to secure the development or utilization
of any property for a purpose beneficial
to the community;
(b) that is reasonably required for the purpose of protecting the
rights or freedoms of other persons;
(c) that authorizes an officer or agent of the Government, a
local government authority or a body corporate established by
law for a public purpose to enter on the premises or anything
thereon for the purpose of any tax, rate or due or in order to
carry out work connected with any property that is lawfully on
those premises and that belongs to that Government, authority,
or body corporate, as the case may be; or
(d) that authorizes, for the purpose of enforcing the judgement
or order of a court in any civil proceedings, the search of any
person or property by order of a court or entry upon any
premises by such order;
and except so far as that provision or, as the case may be,
anything done under the authority thereof is shown not to be
reasonably justified in a democratic society.
Article 18 [Protection of Law]
(1) If any person is charged with a criminal offence, then,
unless the charge is withdrawn, the case shall be afforded a fair
hearing within a reasonable time by an independent and
impartial court established by law.
(2) Every person who is charged with a criminal offence --
(a) shall be presumed to be innocent until he is proved or has
pleaded guilty;
(b) shall be informed as soon as reasonably practicable, in a
language that he understands and in detail, of the nature of the
offence charged;
(c) shall be given adequate time and facilities for the
preparation of his defence;
(d) shall unless legal aid is granted him in accordance with the
law enacted by Parliament for such purpose be permitted to
defend himself before the court in person, or at his own
expense, by a legal representative of his own choice;
(e) shall be afforded facilities to examine in person or by his
legal representative the witnesses called by the prosecution
before the court, and to obtain the attendance and carry out the
examination of witnesses to testify on his behalf before the
court on the same conditions as those applying to witnesses
called by the prosecution; and
(f) shall be permitted to have without payment the assistance of
an interpreter if he cannot understand the language used at the
trial of the charge;
and except with his own consent the trial shall not take place in
his absence unless he so conducts himself as to render the
continuance of the proceedings in his presence impracticable
and the court has ordered him to be removed and the trial to
proceed in his absence.
(3) When a person is tried for any criminal offence, the accused
person or any person authorized by him in that behalf shall, if
he so requires and subject to payment of such reasonable fee as
may be prescribed by law, be given within a reasonable time
after judgment a copy for the use of the accused person of any
record of the proceedings made by or on behalf of the court.
(4) No person shall be held to be guilty of a criminal offence on
account of any act or omission that did not, at the time it took
place, constitute such an offence, and no penalty shall be
imposed for any criminal offence that is severer in degree or
description that the maximum penalty that might have been
imposed for that offence at the time it was committed.
(5) No person who shows that he has been tried by a competent
court for a criminal offence and either convicted or acquitted
shall again be tried for that offence or for any other criminal
offence of which he could have been convicted at the trial for
that offence, except upon the order of a superior court in the
course of appeal or review proceedings relating to the
conviction or acquittal.
(6) No person shall be tried for a criminal offence if he shows
that he has been pardoned for that offence.
(7) No person who is tried for a criminal offence shall be
compelled to give evidence at the trial.
(8) No person shall be convicted of a criminal offence unless
that offence is defined and the penalty is prescribed in a written
law: Provided that nothing in this clause shall prevent a court of
record from punishing any person for contempt of itself
notwithstanding that the act or omission constituting the
contempt is not defined in written law and the penalty therefore
is not so prescribed.
(9) Any court or other adjudicating authority prescribed by law
for the determination of the existence or extent of any civil
right or obligation shall be established by law and shall be
independent and impartial; and where proceedings for such a
determination are instituted by any person before such a court
or other adjudicating authority, the case shall be given a fair
hearing within a reasonable time.
(10) Except with the agreement of all the parties thereto, all
proceedings of every court and proceedings for the
determination of the existence or extent of any civil right or
obligation before any other adjudicating authority, including the
announcement of the decision of the court or other authority,
shall be held in public.
(11) Nothing in clause (10) shall prevent the court or other
adjudicating authority from excluding from the proceedings
persons other than the parties thereto and their legal
representatives to such extent as the court or other authority --
(a) may consider necessary or expedient in circumstances where
publicity would prejudice the interest of justice or in
interlocutory proceedings; or
(b) may be empowered by law to do in the interest of defence,
public safety, public order, public morality, the welfare of
persons under the age of eighteen years or the protection of the
private lives of persons concerned in the proceedings.
(12) Nothing contained in or done under the authority of any
law shall be held to be inconsistent with or in contravention of
--
(a) paragraph (a) of clause (2) to the extent that it is shown that
the law in question imposes upon any person charged with a
criminal offence the burden of proving particular facts;
(b) paragraph (d) of clause (2) to the extent that it is shown that
the law in question prohibits legal representation before a
subordinate court in proceedings for an offence under Zambian
customary law, being proceedings against any person who,
under that law, is subject to that law;
(c) paragraph (e) of clause (2) to the extent that it is shown that
the law in question imposes reasonable conditions that must be
satisfied if witnesses called to testify on behalf of an accused
person are to be paid their expenses out of public funds;
(d) clause (2) to the extent that it is shown that the law provides
that --
(i) where the trial of any person for any offence prescribed by
or under the law has been adjourned and the accused, having
pleaded to the charge, fails to appear at the time fixed by the
court for the resumption of his trial after the adjournment, the
proceedings may continue notwithstanding the absence of the
accused if the court, being satisfied that, having regard to all
the circumstances of the case, it is just and reasonable so to do,
so orders; and
(ii) the court shall set aside any conviction or sentence
pronounced in the absence of the accused in respect of that
offence if the accused satisfies the court without undue delay
that the cause of his absence was reasonable and that he had a
valid defence to the charge;
(e) clause (2) to the extent that it is shown that the law provides
that a trial of a body corporate may take place in the absence of
any representative of the body corporate upon a charge in
respect of which a plea of not guilty has been entered by the
court;
(f) clause (5) to the extent that it is shown that the law in
question authorizes a court to try a member of a disciplined
forced for a criminal offence notwithstanding any trial and
conviction or acquittal of that member under the disciplinary
law of that force, so, however, that any court so trying such a
member and convicting him shall in sentencing him to any
punishment take into account any punishment awarded him
under that disciplinary law.
(13) In the case of any person who is held in lawful detention,
clause (1), paragraphs (d) and (e) of clause (2) and clause (3)
shall not apply in relation to his trial for a criminal offence
under the law regulating the discipline of persons held in
detention.
(14) In its application to a body corporate clause (2) shall have
effect as if the words "in person or" were omitted from
paragraph (d) and (e).
(15) In this Article "criminal offence" means a criminal offence
under the law in force in Zambia.
Article 19 [Freedom of Conscience]
(1) Except with his own consent, no person shall be hindered in
the enjoyment of his freedom of conscience, and for the
purposes of this Article the said freedom includes freedom of
thought and religion, freedom to change his religion or belief
(2) Except with his own consent, or, if he is a minor, the
consent of his guardian, no person attending any place of
education shall be required to receive religious instruction or to
take part in or attend any religious ceremony or observance if
that instruction, ceremony or observance relates to a religion
other than his own.
(3) No religious community or denomination shall be prevented
from providing religious instruction for persons of that
community or denomination in the course of any education
provided by the community or denomination or from
establishing and maintaining institutions to provide social
services for such persons.
(4) No person shall be compelled to take any oath which is
contrary to his religion or belief or to take any oath in a manner
which is contrary to his religion or belief.
(5) Nothing 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 which is reasonably required --
(a) in the interests of defence, public safety, public order,
public morality or public health; or
(b) for the purpose of protecting the rights and freedoms of
other persons, including the right to observe and practice any
religion without the unsolicited intervention of members of any
other religion;
and except so far as that provision or, the thing done under the
authority thereof as the case may be, is shown not to be
reasonably justified in a democratic society.
Article 20 [Freedom of Expression]
(1) Except with his own consent, no person shall be hindered in
the enjoyment of his freedom of expression
(2) Subject to the provisions of this Constitution no law shall
make any provision that derogates from freedom of the press.
(3) Nothing 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 --
(a) that is reasonably required in the interests of defence, public
safety, public order, public morality or public health; or
(b) that is reasonably required for the purpose of protecting the
reputations, rights and freedoms of other persons or the private
lives of persons concerned in legal proceedings, preventing the
disclosure of information received in confidence, maintaining
the authority and independence of the courts, regulating
educational institutions in the interests of persons receiving
instruction therein, or the registration of, or regulating the
technical administration or the technical operation of,
newspapers and other publications, telephony, telegraphy,
posts, wireless broadcasting or television; or
(c) that imposes restrictions on public officers; and except so
far as that provision or, the thing done under the authority
thereof as the case may be, is shown not to be reasonably
justifiable in a democratic society.
Article 21 [Freedom of Assembly and Association]
(1) Except with his own consent, no person shall be hindered in
the enjoyment of his freedom of assembly and association, that
is to say, his right to assemble freely and associate with other
persons and in particular to form or belong to any political
party, trade union or other association for the protection of his
interests.
(2) Nothing 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 --
(a) that is reasonably required in the interests of defence, public
safety, public order, public morality or public health;
(b) that is reasonably required for the purpose of protecting the
rights or freedoms of other persons;
(c) that imposes restrictions upon public officers; or
(d) for the registration of political parties or trade unions in a
register established by or under a law and for imposing
reasonable conditions relating to the procedure for entry on
such register including conditions as to the minimum number of
persons necessary to constitute a trade union qualified for
registration;
and except so far as that provision or, the thing done under the
authority thereof as the case may be, is shown not to be
reasonably justifiable in a democratic society.
Article 22 [Freedom of Movement]
(1) Subject to the other provision of this Article and except in
accordance with any other written law, no citizen shall be
deprived of his freedom of movement, and for the purposes of
this Article freedom of movement means --
(a) the right to move freely throughout Zambia:
(b) the right to reside in any part of Zambia; and
(c) the right to leave Zambia and to return to Zambia.
(2) Any restrictions on a person's freedom of movement that
relates to his lawful detention shall not be held to be
inconsistent with or in contravention of this Article.
(3) Nothing 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 --
(a) for the imposition of restrictions that are reasonably required
in the interests of defence, public safety, public order, public
morality or public health or the imposition or restrictions on the
acquisition or use by any person of land or other property in
Zambia, and except so far as that provision or, the thing done
under the authority thereof, as the case may be, is shown not be
reasonably justifiable in a democratic society;
(b) for the imposition of restrictions on the freedom of
movement of any person who is not a citizen of Zambia;
(c) for the imposition of restrictions upon the movement or
residence within Zambia of public officers; or
(d) for the removal of a person from Zambia to be tried outside
Zambia for a criminal offence or to undergo imprisonment in
some other country 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.
Article 23 [Protection from Discrimination]
(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 color 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
authorized 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 24 [Protection of Young Persons from Exploitation]
(1) No young person shall be employed and shall and shall in
no case be caused or permitted to engage in any occupation or
employment which would prejudice his health or education or
interfere with his physical, mental or moral development:
Provided that an Act of Parliament may provide for the
employment of a young person for a wage under certain
conditions.
(2) All young persons shall be protected against physical or
mental ill-treatment, all forms of neglect, cruelty or
exploitation.
(3) No young person shall be the subject of traffic in any form.
(4) In this Article "young person" means any person under the
age of fifteen years.
Article 25 [Derogation from Fundamental Rights and Detention]
Nothing contained in or done under the authority of any law
shall be held to be inconsistent with or in contravention of
Articles 13, 16, 17, 19, 20, 21,
22, 23, or 24 to the extent that it is shown that the
law in question authorizes the taking, during any period when
the Republic is at war or when a declaration under Article
30 is in force, or measures for the purpose of dealing with
any situation existing or arising during that period; and nothing
done by any person under the authority of any such law shall be
held to be in contravention of any of the said provisions if it is
shown that the measures taken were, having due regard to the
circumstances prevailing at the time, reasonably required for the
purpose of dealing with the situation in question.
Article 26 [Restriction and Detention]
(1) where a person's freedom of movement is restricted, or he
is detained, under the authority of any such law as is referred to
in Article 22 or 25, as the case may be, the following
provisions shall apply --
(a) he shall, as soon as reasonably practicable and in any case
not more than fourteen days after the commencement of his
detention or restriction, be furnished with a statement in writing
in a language that he understands specifying in detail the
grounds upon which he is restricted or detained;
(b) not more than fourteen days after the commencement of his
restriction or detention a notification shall be published in the
Gazette stating that he has been restricted or detained and
giving particulars of the place of detention and the provision of
law under which his restriction or detention is authorized;
(c) if he so requests at any time during the period of such
restriction or detention not earlier than three months after the
commencement thereof or after he last made such a request
during that period, as the case may be, his case shall be
reviewed by an independent and impartial tribunal established
by law and presided over by a person, appointed by the Chief
Justice, who is or is qualified to be a judge of the High Court;
(d) he shall be afforded reasonable facilities to consult a legal
representative of his own choice who shall be permitted to make
representations to the authority by which the restriction or
detention was ordered or to any tribunal established for the
review of his case; and
(e) at the hearing of his case by such tribunal he shall be
permitted to appear in person or by a legal representative of his
own choice.
(2) On any review by a tribunal under this Article, the tribunal
shall advise the authority by which it was ordered on the
necessity or expediency of continuing his restriction or
detention and that authority shall be obliged to act in
accordance with any such advice.
(3) The President may at any time refer to the tribunal the case
of any person who has been or is being restricted or detained
pursuant to any restriction or detention order.
(4) Nothing contained in paragraph (d) or (e) of clause (1) shall
be construed as entitling a person to legal representation at
public expense.
(5) Parliament may make or provide for the making of rules to
regulate the proceedings of any such tribunal including but
without derogating from the generality of the foregoing, rules
as to evidence and the admissibility thereof, the receipt of
evidence including written reports in the absence of the
restricted or detained person and his legal representative, and
the exclusion of the public from the whole or any portion of the
proceedings.
(6) Clauses (11) and (12) or Article 18 shall be read and
construed subject to the provisions of this Article.
Article 27 [Reference of Certain Matters to Special Tribunal]
(1) Whenever --
(a) a request is made in accordance with clause (2) for a report
on a bill or statutory instrument; or
(b) the Chief Justice considers it necessary for the purpose of
determining claims for legal aid in respect of proceedings under
Article 30 or 31; the Chief Justice shall appoint a
tribunal which shall consist of two persons selected by him
from amongst persons who hold or have held the office of a
judge of the Supreme Court or the High Court.
(2) A request for a report on a bill or a statutory instrument
may be made by not less than thirty members of the National
Assembly by notice in writing delivered --
(a) in the case of a bill, to the Speaker within three days after
the final reading of the bill in the Assembly.
(b) in the case of a statutory instrument, to the authority having
power to make the instrument within fourteen days of the
publication of the instrument in the Gazette.
(3) Where a tribunal is appointed under this Article for the
purpose of reporting on a bill or a statutory instrument, the
tribunal shall, within the prescribed period, submit a report to
the President and to the Speaker of the National Assembly
stating --
(a) in the case of a bill, whether or not in the opinion of the
tribunal any, and if so which, provisions of the bill are
inconsistent with this Constitution;
(b) in the case of a statutory instrument, whether or not in the
opinion of the tribunal any, and if so which, provisions of the
instrument are inconsistent with this Constitution;
and, if the tribunal reports that any provision would be or is
inconsistent with this Constitution, the grounds upon which the
tribunal has reached that conclusion. Provided that if the
tribunal considers that the request for a report on a bill or
statutory instrument is merely frivolous or vexatious, it may so
report to the President without entering further upon the
question whether the bill or statutory instrument would be or is
inconsistent with this Constitution.
(4) In determining any claim for legal aid as referred to in
clause (2), the tribunal may grant to any person who satisfies it
that --
(a) he intends to bring or is an applicant in proceedings under
clause (1) or (4) of Article 28;
(b) he has reasonable grounds for bringing the application; and
(c) he cannot afford to pay for the cost of the application;
a certificate that the application is a proper case to be
determined at public expenses: Provided that paragraph (c) shall
not apply in any case where the application relates to the
validity or a provision of law in respect of which the tribunal
has reported that it would be or is inconsistent with this
Constitution or where it appears to the tribunal that issues are
or will be raised in the application which are of general
importance.
(5) Where a certificate is granted to any person by the tribunal
in pursuance of clause (4), there shall be paid to that person out
of the general revenues of the Republic such amount as the
tribunal, when hearing the application, may assess as the costs
incurred by that person in connection with the application; and
the sums required for making such payment shall be a charge
on the general revenue of the Republic.
(6) For the purposes of clause (5) --
(a) the costs incurred in an application shall include the cost of
obtaining the advice of a legal representative and, if necessary,
the cost of representation by a legal representative in any court
in steps preliminary or incidental to the application;
(b) in assessing the costs reasonably incurred by a person in an
application regard shall be had to costs awarded against that
person or recovered by him in those proceedings.
(7) In this Article, "prescribed period" means --
(a) in relation to a bill, the period commencing from the
appointment of the tribunal to report upon the bill and ending
thirty days thereafter or if the Speaker, on the application of the
tribunal considers that owing to the length or complexity of the
bill thirty days is insufficient for consideration of the bill,
ending on such later day as the Speaker may determine;
(b) in relation to a statutory instrument, the period of forty days
commencing with the day on which the instrument is published
in the Gazette.
(8) Nothing in clause (1), (2) or (3) shall apply to a bill for the
appropriation of the general revenues of the Republic or a bill
containing only proposals for expressly altering this Constitution
or the Constitution of Zambia Act, 1991.
Article 28 [Enforcement of Protective Provisions]
(1) Subject to clause (5), if any person alleges that any of the
provisions of Articles 11 to 26 inclusive has been, is
being or is likely to be contravened in relation to him, then,
without prejudice to any other action with respect to the same
matter which is lawfully available, that person may apply for
redress to the High Court which shall --
(a) hear and determine any such application;
(b) determine any question arising in the case of any person
which is referred to it in pursuance of clause (2);
and which may, make such order, issue such writs and give
such directions as it may consider appropriate for the purpose
of enforcing, or securing the enforcement of, any of the
provisions of Articles 11 to 26 inclusive.
(2)(a) If in any proceedings in any subordinate court any
question arises as to the contravention of any of the provisions
of Articles 11 to 26 inclusive, the person presiding in
that court may, and shall if any party to the proceedings so
requests, refer the question to the High Court unless, in his
opinion the raising of the question is merely frivolous or
vexatious.
(b) Any person aggrieved by any determination of the High
Court under this Article may appeal therefrom to the Supreme
Court: Provided that no appeal shall lie from a determination of
the High Court under this Article dismissing an application on
the ground that it is frivolous and vexatious.
(3) No application shall be brought under clause (1) on the
grounds that the provisions of Articles 11 to
26 (inclusive) are likely to be contravened by reason of
proposals contained in any bill which, at the date of the
application, has not become a law.
(4) Parliament may confer upon the Supreme Court or High
Court such jurisdiction or powers in addition to those conferred
by this Article as may appear to be necessary or desirable of
the purpose of enabling that Court more effectively to exercise
the jurisdiction conferred upon it by this Article or of enabling
any application for redress to be more speedily determined.
Article 29 [Declaration of War]
(1) The President may, in consultation with Cabinet, at any
time, by Proclamation published in the Gazette declare war.
(2) A declaration made under clause (1) shall continue in force
until the cessation of hostilities.
(3) An Act of Parliament shall provide for the conditions and
circumstances under which a declaration may be made under
clause (1).
Article 30 [Declaration of Public Emergency]
(1) The President may, in consultation with Cabinet, at any
time, by Proclamation published in the Gazette declare that a
State of public emergency exists.
(2) A declaration made under clause (1) of this Article shall
cease to have effect on the expiration of a period of seven days
commencing with the day on which the declaration is made
unless, before the expiration of such period, it has been
approved by a resolution of the National Assembly supported
by a majority of all the members thereof not counting the
Speaker.
(3) In reckoning any period of seven days for the purposes of
clause (2) no account shall be taken of any time during which
Parliament is dissolved.
(4) A declaration made under clause (1) may, at any time
before it has been approved by a resolution of the National
Assembly, be revoked by the President by Proclamation
published in the Gazette.
(5) Subject to clause (6) a resolution of the National Assembly
under clause (2) will continue in force until the expiration of a
period of three months commencing with the date of its being
approved or until revoked at such earlier date of its being so
approved or until such earlier date as may be specified in the
resolution. Provided that the National Assembly may, by
majority of all the members thereof, not counting the Speaker
extend the approval of the declaration for periods of not more
than three months at a time.
(6) The National Assembly may, by resolution, at any time
revoke a resolution made by it under this Article.
(7) Whenever an election to the office of President results in a
change of the holder of that office, any declaration made under
this Article and in force immediately before the day on which
the President assumes office shall cease to have effect on the
expiration of seven days commencing with that day.
(8) The expiration or revocation of any declaration or resolution
made under this Article shall not affect the validity of anything
previously done in reliance on such declaration.
Article 31 [Declaration Relating to Threatened Emergency]
(1) The President may at any time by the Proclamation
published in the Gazette declare that a situation exists which, if
it is allowed to continue may lead to a state of public
emergency.
(2) A declaration made under clause (1) of this Article shall
cease to have effect on the expiration of a period of seven days
commencing with the day on which the declaration is made
unless, before the expiration of such period, it has been
approved by a resolution of the National Assembly supported
by a majority of all the members thereof not counting the
Speaker.
(3) In reckoning any period of seven days for the purpose of
clause (2) no account shall be taken of any time during which
Parliament is dissolved.
(4) A declaration made under clause (1), may, at any time
before it has been approved by a resolution of the National
Assembly, be revoked by the President by Proclamation
published in the Gazette.
(5) Subject to clause (6) a resolution of the National Assembly
under clause (2) shall continue in force until the expiration of a
period of three months commencing with the date of its being
approved or until revoked on an earlier date of its being so
approved or until such earlier date as may be specified in the
resolution.
(6) The National Assembly may by resolution, at any time
revoke a resolution made by it under this Article.
(7) Whenever an election to the office of President results in a
change in the holder of that office, any declaration made under
this Article and in force immediately before the day on which
the President assumes office, shall cease to have effect on the
expiration of seven days commencing with that day.
(8) The expiration or revocation of any declaration or resolution
made under this Article shall not affect the validity of anything
previously done in reliance on such declaration.
Article 32 [Interpretation and Savings]
(1) In this Part, unless the context otherwise requires --
"contravention", in relation to any requirement, includes a
failure to comply with that requirement and cognate expressions
shall be construed accordingly;
"court" means any court of law having jurisdiction in Zambia,
other than a court established by a disciplinary law, and in
Articles 12 and 14 includes a court established by a
disciplinary law;
"disciplinary law" means a law regulating the disciplined
force;
"disciplined force" means --
(a) a naval, military or air force;
(b) the Zambia Police Force; or
(c) any other force established by or under an Act of
Parliament;
"legal representative" means a person entitled to practice in
Zambia as an advocate;
"member", in relation to a disciplined force, includes any
person who, under the law regulating the discipline of that force
is subject to that discipline.
(2) In relation to any person who is a member of a disciplined
force raised under the law of Zambia, nothing contained in or
done under the authority of the disciplinary law of that force
shall be held to be inconsistent with or in contravention of any
of the provisions of this Part other than Articles 12,
14, and 15.
(3) In relation to any person who is a member of a disciplinary
force raised otherwise than as aforesaid and lawfully present in
Zambia, nothing contained in or done under the authority of the
disciplinary law of that force shall be held to be inconsistent
with or in contravention of any of the provisions of this part.
Article 33 [The office of President]
(1) There shall be a President of the Republic of Zambia who
shall be the Head of State
(2) The executive power of the Republic of Zambia shall vest in
the President and, subject to the other provisions of this
Constitution, shall be exercised by him either directly or
through officers subordinate to him.
Article 34 [Election of President]
(1) The election of the President shall be direct by universal
adult suffrage and by secret ballot and shall be conducted in
accordance with this Article and as may be prescribed by or
under an Act of Parliament.
(2) An election to the office of President shall be held whenever
the National Assembly is dissolved and otherwise as provided
by Article 38.
(3) A person shall be qualified to be a candidate for election as
President if he --
(a) is a citizen of Zambia;
(b) has attained the age of thirty-five years;
(c) is a member of, or is sponsored by, a political party; and
(d) is otherwise qualified to be elected as a member of the
National Assembly.
(4) A candidate for election as President (hereinafter referred to
as a Presidential candidate) shall deliver his nomination papers
to the returning officer in such manner, on such day, at such
time and at such place as may be prescribed by or under an Act
of Parliament.
(5) A Presidential candidate shall not be entitled to take part in
an election unless --
(a) he has paid such election fee as may be prescribed by or
under an Act of Parliament on or before the date fixed by the
Electoral Commission in that behalf; and
(b) he makes, by statutory declaration which shall be open to
public inspection at such time and at such place as may be
prescribed by or under an Act of Parliament, a full declaration
of his assets and liabilities; and
(c) his nomination is supported by not less than 200 registered
voters.
(6) At an election to the office of President --
(a) all persons registered in Zambia as voters for the purposes
of elections to the National Assembly shall be entitled to vote in
the election;
(b) the poll shall be taken by a secret ballot on such day, at
such time, in such places and in such manner as may be
prescribed by or under an Act of Parliament; and
(c) after the expiration of the time fixed for polling, the votes
cast shall be counted and the returning officer shall declare the
result.
(7) If, at the initial poll, a Presidential candidate receives more
than fifty per cent of the valid votes cast, the returning officer
shall declare him to be elected as President.
(8) If, at the initial poll, no Presidential candidate receives more
than fifty per cent of the valid votes cast, a further poll shall be
taken in accordance with clause (6).
(9) If, at the second poll, there is still no Presidential candidate
who has received more than fifty per cent of the valid votes cast
or there are two Presidential candidates who have an equal
number of votes, the returning officer shall so report to the
President who shall summon Parliament to elect the new
President.
(10) The President shall submit to the National Assembly the
names of those candidates who received the highest and the next
highest number of valid votes cast, or the names of the
Presidential candidates who have received an equal number of
votes, and a session of the National Assembly shall then be held
for the purpose of electing the President.
(11) At the session held in accordance with clause (10), the
Presidential candidate who receives the greatest number of the
valid votes cast by the members of the National Assembly
present and voting shall be declared President.
(12) Where there is only one qualified Presidential candidate
nominated for election, that candidate shall be declared as
elected without an election taking place.
(13) A person elected to the office of President under this
Article shall assume that office on the day upon which he is
elected and sworn in.
Article 35 [Tenure of Office of President]
(1) Subject to clause (2) and (4) every President shall hold
office for a period of five years.
(2) After the commencement of this Constitution no person who
holds or has held office as President for two terms of five years
each, shall be eligible for re-election to that office.
(3) For the purposes of clause (2) the period of two terms of
five years each shall be computed from the commencement of
this Constitution.
(4) The President may, at any time by writing under his hand
addressed to the Speaker of the National Assembly resign his
office.
(5) A person assuming the office of the President in accordance
with this Constitution shall unless --
(a) he resigns his office; or
(b) he ceases to hold office by virtue of Article 36 or
37.
(c) the National Assembly is dissolved;
continue in office until the person elected at the next election to
the office of President assumes office.
Article 36 [Removal of President on Grounds of Incapacity]
(1) If it is resolved by a majority of all the members of the
Cabinet that the question of the physical or mental capacity of
the President to discharge the functions of his office ought to be
investigated, and they so inform the Chief Justice, then the
Chief Justice shall appoint a board consisting of not less than
three persons selected by him from among persons who are
qualified as medical practitioners under the law of Zambia or
under the law of any other country in the Commonwealth, and
the board shall inquire into the matter and report to the Chief
Justice on whether or not the President is, by reason of any
infirmity of body or mind, incapable of discharging the
functions of his office.
(2) If the board reports that the President is incapable of
discharging the functions of his office, the Chief Justice shall
certify in writing accordingly and thereupon the President shall
cease to hold office.
(3) Where the Cabinet resolve that the question of the physical
or mental capacity of the President to discharge the functions of
his office shall be investigated, the President shall, until another
person assumes the office of President or the board appointed
under clause (1) reports that the President is not incapable of
discharging the functions of his office, whichever is earlier,
cease to perform the functions of his office and those functions
shall be performed by --
(a) the Vice-President; or
(b) in the absence of the Vice-President or if the Vice-President
is unable, by reason of physical or mental infirmity, to
discharge the functions of his office, by such member of the
Cabinet as the Cabinet shall elect: Provided that any person
performing the functions of the office of President under this
clause shall not dissolve the National Assembly nor, except on
the advice of the Cabinet, revoke any appointment made by the
President.
(4) A motion for the purposes of clause (1) may be proposed at
any meeting of the Cabinet.
(5) For the purposes of this Article, a certificate of the Chief
Justice that the President is, by reason of physical or mental
infirmity, unable to discharge the functions of this office shall
be conclusive and shall not be questioned in any court.
Article 37 [Impeachment of President for Violation of Constitution]
(1) If notice in writing is given to the Speaker of the National
Assembly signed by not less than one-third of all the members
of the Assembly of a motion alleging that the President has
committed any violation of the Constitution or any gross
misconduct and specifying the particulars of the allegations and
proposing that a tribunal be established under this Article to
investigate those allegations, the Speaker shall --
(a) if Parliament is then sitting or has been summoned to meet
within five days, cause the motion to be considered by the
Assembly within seven days of the notice;
(b) if Parliament is not then sitting (and notwithstanding that it
may be prorogued) summon the Assembly to meet within
twenty-one days of the notice and cause the motion to be
considered at that meeting.
(2) Where a motion under this Article is proposed for
consideration by the National Assembly, the Assembly shall not
debate the motion but the person presiding in the Assembly
shall forthwith cause a vote to be taken on the motion and if the
motion is supported by the votes of not less than two-thirds of
all the members of the Assembly, shall declare the motion to be
passed.
(3) If the motion is declared to be passed under clause (2) --
(a) the Chief Justice shall appoint a tribunal which shall consist
of a Chairman and not less than two other members selected by
the Chief Justice from among persons who hold or have held
high judicial office;
(b) the tribunal shall investigate the matter and shall report to
the National Assembly whether it finds the particulars of the
allegations specified in the motion to have been substantiated;
(c) the President shall have the right to appear and be
represented before the tribunal during its investigation of the
allegations against him.
(4) If the tribunal reports to the National Assembly that the
tribunal finds that the particulars of any allegation against the
President specified in the motion have not been substantiated no
further proceedings shall be taken under this Article in respect
of that allegation.
(5) If the tribunal reports to the National Assembly that the
tribunal finds that the particulars of any allegation specified in
the motion have been substantiated, the Assembly may, on a
motion supported by the votes of not less than three-quarters of
all members of the Assembly, resolve that the President has
been guilty of such violation of the Constitution or, as the case
may be such gross misconduct as it is incompatible with his
continuance in office as President and, if the Assembly so
resolves, the President shall cease to hold office upon the third
day following the passage of the resolution.
(6) No proceedings shall be taken or continued under this
Article at any time when Parliament is dissolved.
Article 38 [Vacancy in Office of President]
(1) An election to fill a vacancy in the office of President
caused by expiration of the period of five years referred to in
clause (1) of Article 35 shall be completed in accordance
with Article 34 before the expiration of that period.
(2) If the office of the President becomes vacant by reason of
his death or resignation or by reason of his ceasing to hold
office by virtue of Article 36, 37, or 88, an
election to the office of President shall be held in accordance
with Article 34 within six months from the date of the
office becoming vacant.
(3) Whenever the office of President becomes vacant, the
Vice-President or, in the absence of the Vice-President or if the
Vice-President is unable, by reason of physical or mental
infirmity, to discharge the functions of his office, a member of
the Cabinet elected by the Cabinet shall perform the functions
of the office of President until a person elected as President in
accordance with Article 34 assumes office.
(4) The Vice-President or, the member of the Cabinet as the
case may be, performing the functions of the office of the
President under clause (3) shall not dissolve the National
Assembly nor, except on the advice of the Cabinet, revoke any
appointment made by the President.
Article 39 [Discharge of Functions of President During Absence or Illness]
(1) Whenever the President is absent from Zambia or considers
it desirable so to do by reason of illness or for any other cause,
he may by direction in writing, authorize the Vice-President, or
where the Vice-President is absent from Zambia or incapable of
discharging the functions of the office of President, any other
person, to discharge such functions of the office of President as
he may specify, and the Vice-President or such other person
may discharge those functions until his authority is revoked by
the President.
(2) If the President is incapable by reason of physical or mental
infirmity of discharging the functions of his office and the
infirmity is of such a nature that the President is unable to
authorize another person under this Article to perform those
functions --
(a) the Vice-President; or
(b) during any period when the Vice-President is absent from
Zambia or is himself, by reason of physical or mental infirmity,
unable to perform the functions of his office, such member of
the Cabinet as the Cabinet shall elect;
shall perform the functions of the office of President. Provided
that any person performing the functions of the office of
President under this clause shall not dissolve the National
Assembly nor, except on the advice of the Cabinet, revoke any
appointment made by the President.
(3) Any person performing the functions of the office of
President by virtue of clause (2) shall cease to perform those
functions if he is notified by the President that the President is
about to resume those functions or if another person is elected
as, and assumes the office of, President.
(4) For the purpose of subclause (2), a certificate of the Chief
Justice that --
(a) the President is incapable by reason of physical or mental
infirmity of discharging the functions of his office and that the
infirmity is of such a nature that the President is unable to
authorize another person under this Article to perform those
functions; or
(b) the Vice-President is by reason of physical or mental
infirmity unable to discharge the functions of his office:
shall be conclusive and shall not be questioned in any court:
Provided that any such certificate as is referred to in
paragraph (a) shall cease to have effect if the President notifies
any person under clause (3) that he is about to resume the
functions of the office of the President or if another person is
elected as, and assumes the office of, President.
Article 40 [Oath of President]
A person assuming the office of President, shall before entering
the office, take and subscribe such oaths as may be prescribed
by or under an Act of Parliament.
Article 41 [Returning Officer at Elections of President]
(1) The Chief Justice shall be the returning officer for the
purpose of elections to the office of President.
(2) Any question which may arise as to whether --
(a) any provisions of this Constitution or any law relating to the
election of a President has been complied with; or
(b) any person has been validly elected as President under
Article 34;
shall be referred to and determined by the Supreme Court.
Article 42 [Salary and Allowances of President]
(1) The President shall receive such salary and allowances as
may be prescribed by an Act of Parliament; and they shall be a
charge on the general revenues of the Republic.
(2) The salary and allowances of the President shall not be
altered to his disadvantage during his term of office.
(3) A person who has held the office of President shall receive
such pension and such gratuity as may be prescribed by an Act
of Parliament, and that pension and gratuity shall be a charge
on the general revenues of the Republic.
Article 43 [Protection of President in Respect of Legal Proceedings]
(1) No civil proceedings shall be instituted or continued against
the person holding the office of President or performing the
functions of that office in respect of which relief is claimed
against him in respect of anything done or omitted to be done in
his private capacity.
(2) No person holding the office of President or performing the
functions of that office shall be charged with any criminal
offence or be amenable to the criminal jurisdiction of any court
in respect of any act done or omitted to be done during his
tenure of that office or as the case may be, during his
performance of the functions of that office.
(3) No person who has held,but no longer holds, the office of
President shall be charged with a criminal offence or be
amenable to the criminal jurisdiction of any court in respect of
any act done or omitted to be done by him in his personal
capacity while he held office of President, unless the National
Assembly has, by resolution, determined that such proceedings
would not be contrary to the interests of the State.
(4) Where provision is made by law limiting the time within
which proceedings of any description may be brought against
any person, the term of any person in the office of President
shall not be taken into account in calculating any period of time
prescribed by that law which determines whether any such
proceedings as are mentioned in clause (1) and (3) may be
brought against that person.
Article 44 [Functions of President]
(1) As the Head of the State, the President shall perform with
dignity and leadership all acts necessary or expedient for, or
reasonably incidental to, the discharge of the executive
functions of government, subject to the overriding terms of this
Constitution and the Laws of Zambia which he is
constitutionally obliged to protect, administer and execute.
(2) Without prejudice to the generality of clause (1), the
President may preside over meetings of the Cabinet and shall
have the power, subject to this Constitution, to --
(a) dissolve the National Assembly as provided in Article
88;
(b) accredit, receive and recognize ambassadors, and to appoint
ambassadors, plenipotentiaries, diplomatic representatives and
consuls;
(c) pardon or reprieve offenders, either unconditionally or
subject to such conditions as he may consider fit;
(d) negotiate and sign international agreements and to delegate
the power to do so;
(e) establish and dissolve such Government Ministries and
Departments subject to the approval of the National Assembly;
(f) confer such honors as he considers appropriate on citizens,
residents and friends of Zambia in consultation with interested
and relevant persons and institutions; and
(g) appoint such persons as are required by this Constitution or
any other law to be appointed by him.
(3) Subject to the provisions of this Constitution dealing with
assent to laws passed by Parliament and the promulgation and
publication of such laws in the Gazette, the President shall have
power to --
(a) sign and promulgate any proclamation which by law he is
entitled to proclaim as President; and
(b) initiate, in so far as he considers it necessary and expedient,
laws for submission and consideration by the National
Assembly.
(4) When any appointment to an office to be made by the
President is expressed by any provision of this Constitution to
be subject to ratification by the National Assembly --
(a) the National Assembly shall not unreasonably refuse or
delay such ratification but the question whether the Assembly
has so acted unreasonably shall not be enquired into by any
court;
(b) if such ratification is refused the President may appoint
another person to the office in question and shall submit the
appointment for ratification;
(c) if the National Assembly refused to ratify the second
appointment it shall be invited to ratify an appointment for the
third time but the third appointment shall take effect irrespective
of whether such ratification is refused, or is delayed for a
period of more than fourteen days.
(5) Subject to the other provisions of this Constitution and any
other law, any person appointed by the President under this
Constitution or that other law may be removed by the
President.
(6) In the exercise of any functions conferred upon him under
this Article, the President shall, unless it is otherwise provided,
act in his own deliberate judgment and shall not be obliged to
follow the advice tendered by any other person or authority.
(7) Nothing in this Article shall prevent Parliament from
conferring functions on persons or authorities other than the
President.
Article 45 [Vice-President]
(1) There shall be an office of Vice-President of the Republic.
(2) The Vice-President shall be appointed by the President from
among the members of the National Assembly.
(3) Subject to the provisions of this Constitution the
Vice-President shall cease to hold office upon the assumption by
any person of the office of President.
(4) The Vice-President shall perform such functions as shall be
assigned to him by the President.
(5) The salary and allowances of the Vice-President shall be
such as may be prescribed by an Act of Parliament, and shall
be a charge on the general revenues of the Republic.
Article 46 [Ministers]
(1) There shall be such Ministers as may be appointed by the
President.
(2) Appointment to the office of Minister shall be made from
among the members of the National Assembly.
(3) A Minister shall be responsible, under the directions of the
President, for such business of the Government including the
administration of any Province, Ministry or Department of
Government as the President may assign to him.
(4) The salaries and allowances of a Minister shall be such as
may be prescribed by an Act of Parliament, and shall be a
charge on the general revenue of the Republic.
Article 47 [Deputy Ministers]
(1) The President may appoint such Deputy Ministers as he may
consider necessary to assist Ministers in the performance of
their functions and to exercise or perform on behalf of
Ministers such of the Minsters functions as the President may
authorize in that behalf.
(2) Appoint to the office of Deputy Minister shall be made from
among members of the National Assembly.
(3) The salaries and allowances of Deputy Ministers shall be
such as may be prescribed by an Act of Parliament, and shall
be a charge on the general revenues of the Republic.
Article 48 [Oath Vice-President, Minister and Deputy Minister]
A Vice-President, Minister or Deputy Minister shall not enter
upon the duties of his office unless he has taken and subscribed
the oath of allegiance and such oath for the due execution of his
office as may be prescribed by or under an Act of Parliament.
Article 49 [Cabinet]
(1) There shall be a Cabinet
(2) There shall preside at meetings of the Cabinet --
(a) the President; and
(b) in the absence of the President, the Vice-President.
(3) The Cabinet may act notwithstanding any vacancy in its
membership.
Article 50 [Functions of Cabinet]
The Cabinet shall formulate the policy of the Government and
shall be responsible for advising the President with respect to
the policy of the Government and with respect to such other
matters as may be referred to it by the President.
Article 51 [Accountability of Cabinet]
The Cabinet shall be accountable collectively to the National
Assembly.
Article 52 [Code of Conduct]
All ministers and Deputy Ministers shall conduct themselves,
during their tenure of office, in accordance with a code of
conduct promulgated by Parliament.
Article 53 [Secretary to Cabinet]
(1) There shall be a Secretary to the Cabinet whose office shall
be a public office and who shall, subject to ratification by the
National Assembly, be appointed by the President.
(2) The Secretary to the Cabinet shall --
(a) be the Head of the Public Service and shall be responsible to
the President for securing the general efficiency of the public
service,
(b) have charge of the Cabinet Office and be responsible in
accordance with the instructions given to him by the President,
for arranging the business for, and keeping the minutes of the
Cabinet and for conveying decisions made in Cabinet to the
appropriate authorities;
(c) have such other functions as may be prescribed by or under
an Act of Parliament or as the President may direct.
Article 54 [Attorney-General]
(1) There shall be an Attorney-General of the Republic who
shall, subject to ratification by the National Assembly, be
appointed by the President and shall be the principal legal
adviser to the Government.
(2) A person shall not be qualified to be appointed to the office
of Attorney-General unless he is qualified for appointment as
Judge of the High Court.
(3) The office of the Attorney-General shall become vacant --
(a) if the holder of the office is removed from office by the
President;
(b) upon assumption by any person of the office of President.
(4) In the exercise of the power to give directions to the
Director of Public Prosecutions conferred by clause (6) of
Article 56, the Attorney-General shall not be subject to the
direction or control of any other person or authority.
Article 55 [Solicitor-General]
(1) There shall be a Solicitor-General of the Republic whose
office shall be a public office and who shall, subject, to
ratification by the National Assembly, be appointed by the
President.
(2) A person shall not be qualified to be appointed to the office
of Solicitor-General unless he is qualified for appointment as a
Judge of the High Court.
(3) Any power or duty imposed on the Attorney-General by this
Constitution or any other written law may be exercised or
performed by the Solicitor General --
(a) whenever the Attorney-General is unable to act owing to
illness or absence; and
(b) in any case where the Attorney-General has authorized the
Solicitor-General to do so.
Article 56 [Director of Public Prosecutions]
(1) There shall be a Director of Public Prosecutions and who
shall, subject to ratification by the National Assembly, be
appointed by the President.
(2) The Director of Public Prosecutions shall have power in any
case which he considers it desirable so to do --
(a) to institute and undertake criminal proceedings against any
person before any court, other than a court martial, in respect
of any offence alleged to have been committed by that person;
(b) to take over and continue any such criminal proceedings as
have been instituted or undertaken by any other person or
authority; and
(c) to discontinue, at any stage before judgement is delivered,
any such criminal proceedings instituted or undertaken by
himself or any other person or authority.
(3) The powers of the Director of Public Prosecutions under
clause (2) may be exercised by him in person or by such public
officer or class of public officers as may be specified by him,
acting in accordance with his general or special instructions:
Provided that nothing in this clause shall preclude the
representation of the Director of Public Prosecutions before any
court by a legal practitioner.
(4) The powers conferred on the Director of Public
Prosecutions by paragraphs (b) and (c) of clause (2) shall be
vested in him to the exclusion of any other person or authority:
Provided that where any other person or authority has instituted
criminal proceedings, nothing in this clause shall prevent the
withdrawal of those proceedings by or at the instance of that
person or authority and with the leave of the court.
(5) For the purposes of this Article, any appeal from any
judgement in any criminal proceedings before any court, or any
case stated or question of law reserved for the purposes of any
such proceedings, to any other court in Zambia shall be deemed
to be part of those proceedings: Provided that the power
conferred on the Director of Public Prosecutions by
paragraph (c) of clause (2) shall not be exercised in relation to
any appeal by a person convicted in any criminal proceedings
or to any case stated or question of law reserved at the instance
of such person.
(6) In the exercise of the powers conferred on him by this
Article, the Director of Public Prosecutions shall not be subject
to the direction or control of any other person or authority:
Provided that where the exercises of any such power in any
case may, in the judgement of the Director, involves general
considerations of public policy, the Director shall bring the case
to the notice of the Attorney-General ad shall in the exercise of
his powers in relation to that case, act in accordance with any
directions of the Attorney-General.
Article 57 [Discharge of Functions of Director of Public
Prosecutions During Illness, etc.]
Whenever the Director of Public Prosecutions is absent from
Zambia or the President considers it desirable so to do by
reason of the illness of the Director of Public Prosecutions or
for any other cause, he may on the advice of the Judicial
Service Commission appoint any person to discharge the
functions of the Director of Public Prosecutions until such
appointment is revoked.
Article 58 [Tenure of Office of Director of Public Prosecutions]
(1) Subject to the provisions of this Article, a person holding
the office of Director of Public Prosecutions shall vacate his
office when he attains the age of sixty years.
(2) A person holding the office of Director of Public
Prosecutions may be removed from office only for inability to
perform the functions of his office whether arising from
infirmity of body or mind or misbehavior and shall not be so
removed except in accordance with the provisions of this
Article.
(3) If the President considers that the question of removing a
person holding the office of Director of Public Prosecution
from office ought to be investigated, then --
(a) he shall appoint a tribunal which shall consist of a Chairman
and not less than two other members, who hold or have held
high judicial office;
(b) the tribunal shall inquire into the matter and report on the
facts thereof to the President and advise the President whether
the person holding the office of Director of Public Prosecutions
ought to be removed from office under this Article for inability
as aforesaid or for misbehavior.
(4) Where a tribunal appointed under clause (3) advises the
President that a person holding the office of Director of Public
Prosecutions ought to be removed from office for inability as
aforesaid or for misbehavior, the President shall remove such
person from office.
(5) If the question of removing a person holding the office of
Director of Public Prosecutions from office has been referred to
a tribunal under this Article, the President may suspend that
person from performing the functions of his office, and any
such suspension may at any time be revoked by the President
and shall in any case cease to have effect if the tribunal advises
the President that the person ought not to be removed from
office.
Article 59 [Prerogative of Mercy]
The President may --
(a) grant to any person convicted of any offence a pardon,
either free or subject to lawful conditions;
(b) grant to any person a respite, either indefinite or for a
specified period, of the execution of any punishment imposed
on that person for any offence;
(c) substitute a less severe form of punishment for any
punishment imposed on any person for any offence; and
(d) remit the whole or part of any punishment imposed on any
person for any offence or any penalty or forfeiture or
confiscation otherwise due to the Government on account of any
offence.
Article 60 [Advisory Committee]
(1) There shall be an advisory committee on the prerogative of
mercy which shall consist of such persons as may be appointed
by the President.
(2) The President may appoint different persons to the advisory
committee for the purposes of advising him in relation to
persons convicted by courts-martial and for purposes of
advising him in relation to persons convicted by other courts.
(3) A member of the advisory committee shall hold office at the
pleasure of the President.
(4) Where any person has been sentenced to death for any
offence the President shall cause the question of the exercise in
relation to that person of the powers conferred by Article
59 to be considered at a meeting of the advisory committee.
(5) Subject to the provisions of clause (4), the President may
refer to the advisory committee any questions as to the exercise
of the powers conferred upon him by Article 59.
(6) The President, if present, shall preside at any meeting of the
advisory committee.
(7) The President may determine the procedure of the advisory
committee.
Article 61 [Offices for Republic]
(1) Subject to the other provisions of this Constitution and any
other law, the power to constitute offices for the Republic and
the power to abolish any such office shall vest in the President.
(2) Subject to the other provisions of this Constitution and any
other law the power to appoint persons to hold or act in offices
constituted for the Republic, to confirm appointments, to
exercise disciplinary control over persons holding or acting in
such offices and to remove any such person from office shall
vest in the President.
Article 62 [Legislative Power and Membership of Parliament]
The legislative power of the Republic of Zambia shall vest in
Parliament
Article 63 [Composition of, and Election to, National Assembly]
(1) The National Assembly shall consist of --
(a) one hundred and fifty elected members;
(b) not more than eight nominated members; and
(c) the Speaker of the National Assembly.
(2) Subject to the provisions of this Constitution, the election of
members of the National Assembly shall be direct, by universal
adult suffrage and by secret ballot and shall be conducted in
accordance with the provisions of this Constitution and as may
be prescribed by or under an Act of Parliament.
Article 64 [Qualification for Election to National Assembly]
Subject to Article 65, a person shall be qualified to be
elected as a member of the National Assembly if, and shall not
be qualified to be so elected unless --
(a) he is a citizen of Zambia;
(b) he has attained the age of twenty-one years; and
(c) he is literate and conversant with the official language of
Zambia.
Article 65 [Disqualification for Election to National Assembly]
(1) No person shall be qualified to be elected as a member of
the National Assembly --
(a) who is under a declaration of allegiance to some country
other than Zambia;
(b) who is, under any law in force in Zambia, adjudged or
otherwise declared to be of unsound mind;
(c) who is under sentence of death imposed on him by a court
in Zambia or a sentence of imprisonment, by whatever name
called, imposed on him by such a court or substituted by a
competent authority for some other sentence imposed on him by
such court;
(d) who is an undischarged bankrupt, having been adjudged or
otherwise declared bankrupt under any law in force in Zambia;
(e) whose freedom of movement is restricted, or who is
detained, under the authority of law; or
(f) who, within a period of five years before his nomination for
election, has served a sentence of imprisonment for a criminal
offence.
(2) No person who holds, or is a validly nominated candidate in
an election for, the office of the President shall be qualified for
election as a member of the National Assembly.
(3) Parliament may provide that a person who holds or is acting
in any office that is specified by Parliament and the functions of
which involve responsibility for, or in connection with, the
conduct of any election to the National Assembly or the
compilation of any register of voters for the purposes of such
an election shall not be qualified to be elected as a member of
the Assembly.
(4) Parliament may provide that a person who is convicted by
any court of any offence that is prescribed by Parliament and
that is connected with election of the members of the National
Assembly or who is reported guilty of such offence by the court
trying an election petition shall not be qualified to be elected as
a member of the Assembly for such period, not exceeding five
years following his conviction or the report of the court, as the
case may be, as may be so prescribed.
(5) No person holding or acting in any post, office or
appointment --
(a) in the Defence Force as defined in the Defence Act, the
Combined Cadet Force, the Zambian National Service, or any
other force or service established for the preservation of
security in Zambia;
(b) in the Zambia Police Force, the Zambia Police Reserve, the
Zambia Security Intelligence Service, the Anti-Corruption
Commission, the Zambia Prison Service or in any other force
or service established for the preservation of security in
Zambia;
(c) in the Public Service including an office to which Article
61 applies;
(d) in the Teaching Service; or
(e) prescribed in that behalf or under an Act of Parliament;
shall be qualified for election as a member of the National
Assembly.
(6) In this Article the reference to a sentence of imprisonment
shall be construed as not including a sentence of imprisonment
the execution of which is suspended or a sentence of
imprisonment in default of payment of a fine.
Article 66 [Nomination for Election to National Assembly]
(1) Nominations for election to the National Assembly shall be
delivered to the returning officer appointed by the Electoral
Commission on such day and at such time and at such place as
may be prescribed by the Electoral Commission.
(2) Any nomination for election to the National Assembly shall
not be valid unless --
(a) the candidate has paid the election fee prescribed by or
under an Act of Parliament; and
(b) the nomination is supported by not less than nine persons
registered in the constituency in which the candidate is standing
as voters for the purpose of elections to the National Assembly.
Article 67 [By-Elections for the National Assembly]
(1) When a vacancy occurs in the seat of a member of the
National Assembly as a result of the death or resignation of the
member or by virtue of Article 71 a by-election shall be
held within ninety days after the occurrence of the vacancy.
(2) Parliament may by an Act of Parliament prescribe the
manner in which a by-election shall be held.
Article 68 [Nominated Members]
(1) The President may, at any time after a general election to
the National Assembly and before the National Assembly is
next dissolved, appoint such number of persons as he thinks fit
to be nominated members of the National Assembly, so,
however, that there are not more than eight such members as
any one time.
(2) Subject to the provisions of this Article, a person may be
appointed as a nominated member if he is qualified under
Article 64 and is not disqualified under Article 65 for
election as an elected member.
(3) A person may not be appointed as a nominated member if
he was a candidate for election in the last preceding general
election or in any subsequent by-election.
Article 69 [Speaker]
(1) There shall be a Speaker of the National Assembly who
shall be elected by the members of the Assembly from among
persons who are qualified to be elected as members of the
Assembly but are not members of the Assembly.
(2) The Speaker shall vacate his office --
(a) if any circumstances arise that, if he were not Speaker,
would disqualify him for election as such;
(b) when the National Assembly first sits after any dissolution
of the National Assembly; or
(c) if the National Assembly resolves, upon a motion supported
by the votes of not less than two-thirds of all the members
thereof, that he shall be removed from office.
(3) No business shall be transacted in the National Assembly,
other than an election to the office of Speaker, at any time
when the office of Speaker is vacant.
Article 70 [Deputy Speaker]
(1) There shall be a Deputy Speaker of the National Assembly
who shall be elected by the members of the Assembly from
among members of the Assembly.
(2) The members of the National Assembly shall elect a person
to the office of Deputy Speaker when the Assembly first sits
after any dissolution of the National Assembly and, if the office
becomes vacant otherwise than by reason of the dissolution of
the National Assembly, at the first sitting of the Assembly after
the office becomes vacant.
(3) The Deputy Speaker shall vacate his office --
(a) if he ceases to be a member of the National Assembly;
(b) if he assumes the office of President or becomes the
Vice-President, a Minister, a Deputy Minister or holds or acts
in any office prescribed in that behalf by or under an Act of
Parliament; or
(c) if the National Assembly resolves that he should be removed
from office.
Article 71 [Tenure of Office of Members of National Assembly]
(1) Every member of the National Assembly, with the exception
of the Speaker, shall vacate his seat in the Assembly upon the
dissolution of the National Assembly.
(2) A member of the National Assembly shall vacate his seat in
the Assembly --
(a) if he ceases to be a citizen of Zambia;
(b) if he acts contrary to the code of conduct prescribed by an
Act of Parliament;
(c) in the case of an elected member, if he becomes a member
of a political party other than the party, of which he was an
authorized candidate when he was elected to the National
Assembly or, if having been an independent candidate,
he joins a political party;
(d) if he assumes the office of President;
(e) if he is sentenced by a court in Zambia to death or to
imprisonment, by whatever name called, for a term exceeding
six months;
(f) if any circumstances arise that, if he were not a member of
the Assembly, would cause him to be disqualified for election
as such under Article 65;
(g) if, under the authority of any such law as is referred to in
Article 22 or 25 --
(i) his freedom of movement has been restricted or he has been
detained for a continuous period exceeding six months;
(ii) his freedom of movement has been restricted and he has
immediately thereafter been detained and the total period of
restriction and detention together exceeds six months; or
(iii) he has been detained and immediately thereafter his
freedom of movement has been restricted and the total period of
detention and restriction together exceeds six months.
(3) Notwithstanding anything contained in clause (2), where any
member of the National Assembly who has been sentenced to
death or imprisonment, adjudged or declared to be of unsound
mind, adjudged or declared bankrupt or convicted or reported
guilty of any offence prescribed under clause (4) of Article
65 appeals against the decision or applies for a free pardon
in accordance with any law the decision shall not have effect
for the purpose of this Article until the final determination of
such appeal or application: Provided that --
(i) such member shall not, pending such final determination,
exercise his functions or receive any remuneration as a member
of the National Assembly; and
(ii) if, on the final determination of the member's appeal or
application, his conviction is set aside, or he is granted a free
pardon, or he is declared not to be of unsound mind or
bankrupt or guilty of an offence prescribed under clause (4) of
Article 65, he shall be entitled to resume his functions as a
member of the National Assembly unless he has previously
resigned, and to receive remuneration as such a member for the
period during which he did not exercise his functions by reason
of the provisions of paragraph (i) of this provision.
Article 72 [Determination of Questions as to Membership of National Assembly]
(1) The High Court shall have power to hear and determine any
question whether --
(a) any person has been validly elected or nominated as a
member of the National Assembly or the seat of any member
has become vacant;
(b) any person has been validly elected as Speaker or Deputy
Speaker of the Assembly, or having been so elected, has
vacated the office of Speaker or Deputy Speaker.
(2) The determination by the High Court on any question under
this Article shall not be subject to appeal: Provided that an
appeal shall lie to the Supreme Court from any determination of
the High Court on any question of law including the
interpretation of this Constitution.
Article 73 [Clerk and Staff of National Assembly]
There shall be a Clerk of the National Assembly and such other
offices in the department of the Clerk of the Assembly as may
be prescribed by an Act of Parliament.
Article 74 [House of Representatives]
The National Assembly may by a resolution passed by
two-thirds majority of its members establish a House of
Representatives to perform such functions as may be prescribed
by the Constitution.
Article 75 [The Franchise]
(1) Every citizen of Zambia who has attained the age of
eighteen years shall, unless he is disqualified by Parliament
from registration as a voter for the purposes of elections to the
National Assembly, be entitled to be registered as such a voter
under a law in that behalf, and no other person may be so
registered.
(2) Every person who is registered in any constituency as a
voter for the purpose of elections to the National Assembly
shall, unless he is disqualified by Parliament from voting in
such elections on grounds of his having been convicted of an
offence in connection with elections or on the grounds of his
having been reported guilty of such an offence by the court
trying an election petition or on the grounds of his being in
lawful custody at the date of the election, be entitled so to vote
in that constituency in accordance with the provisions made by
or under an Act of Parliament, and no other person may so
vote.
Article 76 [Electoral Commission]
(1) The President shall, in accordance with the provisions of
this Article, establish an Electoral Commission to supervise the
registration of voters and the conduct of the Presidential and
Parliamentary elections and to review the boundaries of the
constituencies into which Zambia is divided for the purposes of
elections to the National Assembly.
(2) The President shall establish an Electoral Commission --
(a) whenever Parliament is dissolved he otherwise considers it
necessary;
(b) at such times, being not less than eight or more than ten
years since the boundaries of the constituencies were last
reviewed as he may from time to time appoint;
(c) whenever the number of seats in the National Assembly
have been altered;
(d) whenever a census of the population has been held in
pursuance of any law.
(3) An Act of Parliament shall provide for the composition and
operations of an Electoral Commission appointed by the
President under this Article.
Article 77 [Constituencies and Elections]
(1) Zambia shall be divided into constituencies, for purposes of
elections to the National Assembly so that the number of such
constituencies, the boundaries of which shall be such as an
Electoral Commission prescribes, shall be equal to the number
of seats of elected members in the Assembly.
(2) In delimiting the constituencies, the Commission shall have
regard to the availability of means of communication and the
geographical features of the area to be divided into
constituencies: Provided that the constituencies shall be so
delimited that there shall be at least ten constituencies in each
administrative Province.
(3) Each constituency shall return one member only to the
National Assembly.
(4) The boundaries of each constituency shall be such that the
number of inhabitants thereof is as nearly equal to the
population quota as is reasonably practicable: Provided that the
number of inhabitants of a constituency may be greater or less
than the population quota in order to take account of means of
communication, geographical features and the difference
between urban and rural areas in respect of density of
population and to take account of the provision to clause (2).
(5) An Electoral Commission established for purposes of
reviewing the boundaries of the constituencies shall review the
boundaries and may, in accordance with the provision of this
Article, alter the constituencies to such extent as it considers
desirable: Provided that a Commission established by reason of
the holding of a census of the population may, if the
Commission considers that the changes in the distribution of
population reported in the census do not justify an alteration in
the boundaries, so report to the President without entering upon
a review of the boundaries of the constituencies.
(6) Any alteration of the constituencies shall come into effect
upon the next dissolution of Parliament.
(7) In this Article "the population quota" means the number
obtained by dividing the number of inhabitants of Zambia by
the number of constituencies into which Zambia is to be divided
under this Article.
(8) For the purposes of this Article the number of inhabitants of
Zambia shall be ascertained by reference to the latest census of
the population held in pursuance of any law.
(9) During any period when an Electoral Commission is
established for purposes of Presidential and Parliamentary
elections, the registration of voters and the conduct of elections
in every constituency shall be subject to the direction and
supervision of the Commission.
Article 78 [Exercise of Legislative Power of Parliament]
(1) Subject to the provisions of this Constitution, the legislative
power
(2) No bill (other than such a bill as is mentioned in Article
27 (8)) shall be presented to the President until after the
expiration of three days from the third reading of the bill by the
National Assembly, and where a bill is referred to a tribunal in
accordance with Article 27 that bill shall not be presented
to the President for assent until the tribunal has reported on the
bill or the time for making a report has expired, whichever is
the earlier.
(3) Where a bill is presented to the President for assent he shall
either assent or withhold his assent.
(4) Where the President withholds his assent to a bill, the bill
shall be returned to the National Assembly: Provided that if the
President withholds his assent to a bill in respect of which a
tribunal has reported under Article 27 that it would, if
enacted, be inconsistent with Part III, the bill shall be
returned to the Assembly only if the President so directs.
(6) Where a bill is again presented to the President for assent in
accordance with the provisions of clause (5) the President shall
assent to the bill within twenty-one days of its presentation,
unless he sooner dissolves Parliament.
(7) Where a bill that has been duly passed is assented to in
accordance with the provisions of this Constitution it shall
become law and the President shall thereupon cause it to be
published in the Gazette as a law.
(8) No law made by Parliament shall come into operation until
it has been published in the Gazette, but Parliament may
postpone the coming into operation of any such law and may
make laws with retrospective effect.
(9) All laws made by Parliament shall be styled "Acts" and the
words of enactment shall be "Enacted by the Parliament of
Zambia".
Article 79 [Alteration of Constitution]
(1) Subject to the provisions of this Article, Parliament may
alter this Constitution or the Constitution of Zambia Act, 1991.
(2) Subject to cause (3) a bill for the alteration of this
Constitution or the Constitution of Zambia Act, 1991 shall not
be passed unless --
(a) not less than thirty days before the first reading of the bill in
the National Assembly the text of the bill is published in the
Gazette; and
(b) the bill is supported on second and third readings by the
votes of not less than two thirds of all the members of the
Assembly.
(3) A bill for the alteration of Part III of this Constitution or of
this Article shall not be passed unless before the first reading of
the bill in the National Assembly it has been put to a National
referendum with or without amendment by not less than fifty
per cent of persons entitled to be registered as voters for the
purposes of Presidential and parliamentary elections.
(4) Any referendum conducted for the purposes of clause (3)
shall be so conducted and supervised in such manner as may be
prescribed by or under an Act of Parliament.
(5) In this Article --
(a) references to this Constitution or the Constitution of Zambia
Act, 1991 include reference to any law that amends or replaces
any of the provisions of this Constitution or that Act; and
(b) references to the alteration of this Constitution or the
Constitution of Zambia Act, 1991 or of any Part of Article
include references to the amendment, modification or
re-enactment with or without amendment or modification, of
any provision for the time being contained in this Constitution,
that Act, Part or Article, the suspension or repeal or any such
provision and the making of different provision in lieu of such
provision, and the addition of new provisions, to this
Constitution, that Act, Part or Article.
(6) Nothing in this Article shall be so construed as to require
the publication of any amendment to any such bill as is referred
to in clause (2) proposed to be moved in the National
Assembly.
Article 80 [Statutory Instruments]
(1) Nothing in Article 62 shall prevent Parliament from
conferring on any person or authority power to make statutory
instruments.
(2) Every statutory instrument shall be published in the Gazette
not later than twenty-eight days after it is made or, in the case
of a statutory instrument which will not have the force of law
unless it is approved by some person or authority other than the
person or authority by which it was made, not later than
twenty-eight days after it is so approved, and if it is not so
published it shall be void from the date on which it was made.
(3) Where a tribunal appointed under Article 27 reports
to the President that any provision of a statutory instrument is
inconsistent with any provision of this Constitution, the
President may, by order annul that statutory instrument and it
shall thereupon be void from the date on which it was made.
Article 81 [Restrictions with Regard to Certain Financial Measures]
Except upon the recommendation of the President signified by
the Vice President or a Minister, the National Assembly shall
not --
(a) proceed upon any bill (including any amendment to a bill)
that, in the opinion of the person presiding, makes provision for
any of the following purposes:
(i) for the imposition of taxation
(ii) for the imposition of any charge upon the general revenues
of the Republic or the alteration of any such charge otherwise
than by reduction;
(iii) for the payment, issue or withdrawal from the general
revenues of the Republic of any moneys not charged thereon or
any increase in the amount of such payment, issue or
withdrawal; or
(iv) for the composition or remission of any debt due to the
Government; or
(b) proceed upon any motion (including any amendment to a
motion) the effect of which, in the opinion of the person
presiding, would be to make provision for any of those
purposes.
Article 82 [President may Address National Assembly]
(1) The President may, at any time, attend and address the
National Assembly.
(2) The President may send messages to the National Assembly
and any such message shall be read, at the first convenient
sitting of the Assembly after it is received, by the
Vice-President or by a Minister designated by the President.
Article 83 [Presiding in National Assembly]
There shall preside at any sitting of the National Assembly --
(a) the Speaker of the Assembly;
(b) in the absence of the Speaker, the Deputy Speaker; or
(c) in the absence of the Speaker and of the Deputy Speaker,
such member of the Assembly as the Assembly may elect for
that purpose.
Article 84 [Voting and Quorum]
(1) Except as otherwise provided in this Constitution all
questions at any sitting of the National Assembly shall be
determined by a majority of votes of the members present and
voting other than the Speaker or the person acting as Speaker as
the case may be.
(2) The Speaker or person acting as such shall not vote in the
first instance, but shall have and exercise a casting vote if there
is an equality of votes.
(3) The National Assembly shall have power to act
notwithstanding any vacancy in the membership thereof, and
any proceedings in the National Assembly shall be valid
notwithstanding that it is discovered subsequently that some
person who was not entitled to do so, voted or otherwise took
part in the proceedings.
(4) The quorum for a meeting of the National Assembly shall
be one third of the total number of members of the Assembly
and if at any time during a meeting of the Assembly objection
is taken by any member present that there is no quorum, it shall
be the duty of the Speaker or person acting as such, either to
adjourn the Assembly or, as he may think fit, to suspend the
meeting until there is a quorum.
Article 85 [Unqualified Persons Sitting or Voting]
Any person who sits or votes in the National Assembly
knowing or having reasonable grounds for knowing that he is
not entitled to do so shall be liable to a penalty not exceeding
one thousand kwacha or such other sum as may be prescribed
by Parliament for each day on which he so sits or votes, which
penalty shall be recoverable by action in the High Court at the
suit of the Attorney-General.
Article 86 [Procedure in National Assembly]
(1) Subject to the provisions of this Constitution, the National
Assembly may determine its own procedure.
(2) The National Assembly may act notwithstanding any
vacancy in its membership (including any vacancy not filled
when the Assembly first meets after any dissolution of
Parliament) and the presence or participation of any person not
entitled to be present or to participate in the proceedings of the
Assembly shall not invalidate those proceedings.
(3) In the selection of members of committees, the National
Assembly shall seek to ensure that equitable representation of
the political parties or groups that are represented in the
Assembly as well as of the members not belonging to any such
parties or groups.
Article 87 [Privileges and Immunities of National Assembly]
The National Assembly and its members shall have such
privileges and immunities as may be prescribed by an Act of
Parliament.
Article 88 [Meeting, Duration and Dissolution of Parliament and Related Matters]
(1) Subject to the provisions of clauses (2) and (8), each session
of Parliament shall be held at such place within Zambia and
shall commence at such time as the President may appoint.
(2) There shall be a session of Parliament at least once every
year so that a period of twelve months shall not intervene
between the last sitting of the National Assembly in one session
and the commencement of the next session.
(3) The President may at any time summon a meeting of the
National Assembly.
(4) Subject to the provisions of clause (1) of Article 37,
the sittings of the National Assembly in any session of
Parliament after the commencement of that session shall be held
at such times and on such days as the Assembly shall appoint.
(5) The President may at any time prorogue Parliament.
(6) Subject to clause (9) the National Assembly --
(a) shall unless sooner dissolved, continue for five years from
the date of its first sitting after the commencement of this
Constitution or after any dissolution and shall then stand
dissolved;
(b) may, by a two-thirds majority of the members thereof
dissolve itself; or
(c) may be dissolved by the President at any time.
(7) Whenever the National Assembly is dissolved under this
Article there shall be Presidential elections and elections to the
National Assembly and the first session of the new Parliament
shall commence within three months from the date of the
dissolution.
(8) At any time when the Republic is at war, Parliament may
from time to time extend the period of five years specified in
clause (6) for not more than twelve months at a time: Provided
that the life of the National Assembly shall not be extended
under this clause for more than five years.
(9) If, after a dissolution of Parliament and before the holding
of the general elections, the President considers that owing to
the existence of a state of war or of a state of emergency in
Zambia or any part thereof, it is necessary to recall Parliament,
the President may summon the Parliament that has been
dissolved to meet and that Parliament shall be deemed to be the
Parliament for the time being, but the general election of
members of the National Assembly shall proceed and the
Parliament that has been recalled shall, if not sooner dissolved
again stand dissolved on the day appointed for the nomination
of candidates in that general election.
Article 89 [Oaths to be Taken by Speaker and Members]
The Speaker of the National Assembly, before assuming the
duties of his office, and every member of the Assembly before
taking his seat therein, shall take and subscribe before the
Assembly the oath of allegiance.
Article 90 [Investigator-General]
(1) There shall be an Investigator-General of the Republic who
shall be appointed by the President in consultation with the
Judicial Service Commission and shall be the Chairman of the
Commission for Investigations.
(2) A person shall not be qualified for appointment as
Investigator-General --
(a) unless he is qualified to be appointed a judge of the High
Court; or
(b) if he holds the Office of President, Vice-President, Minister
or Deputy Minister, is a member of the National Assembly or
is a public officer.
(2) Subject to the provisions of this section, a person appointed
Investigator-General shall vacate his office on attaining the age
of sixty-five years: Provided that the President may permit a
person who has attained that age to continue in office for such
period as may be necessary to complete and submit any report
on, or do any other thing in relation to, any investigation that
was commenced by him before the attained age.
(3) A person appointed as Investigator-General shall forthwith
vacate any office prescribed by an Act of Parliament.
(4) A person appointed as Investigator-General may be removed
from office for inability to perform the functions of his
office (whether arising from infirmity of body or mind or from
any other cause) or from misbehavior, but shall not be so
removed except in accordance with the provisions of this
Article.
(5) If the National Assembly by resolution supported by the
votes of not less than two-thirds of all the members of that
House, resolves that the question of removing the
Investigator-General ought to be investigated, the Speaker of the
National Assembly shall send a copy to the Chief Justice who
shall appoint a tribunal consisting of a Chairman and two other
persons to inquire into the matter.
(6) The Chairman and one other member of the tribunal shall
be persons who hold or have held high judicial office.
(7) The tribunal shall inquire into the matter and report thereon
to the President.
(8) Where such a tribunal advises the President that the
Investigator-General ought to be removed from office for
inability as aforesaid or for misbehavior, the President shall
remove the Investigator-General from office.
(9) If the question of removing the Investigator-General from
office has been referred to a tribunal under this Article, the
President may suspend him from performing any functions of
his office, and any such suspension may at any time be revoked
by the President and shall in any case cease to have effect if the
tribunal shall advise the President that the Investigator-General
ought not to be removed.
(10) If there is a vacancy in the office of the
Investigator-General, or if the Investigator-General is
temporarily absent from Zambia or otherwise unable to exercise
the functions of his office, the President may appoint a person
qualified to be a Judge of the High Court to exercise the
functions of the office of the Investigator-General under this
Article.
Article 91 [Courts]
(1) The Judicature
(a) the Supreme Court of Zambia;
(b) the High Court of Zambia; and
(c) such other courts as may be prescribed by an Act of
Parliament.
(2) The judges of the courts mentioned in clause (1) shall be
independent
(3) The Judicature shall be autonomous and shall be
administered in accordance with the provisions of an Act of
Parliament.
Article 92 [Supreme Court]
(1) There shall be a Supreme Court
(2) The judges of the Supreme Court shall be --
(a) the Chief Justice;
(b) the Deputy Chief Justice;
(c) three Supreme Court judges or such greater number as may
be prescribed by an Act of Parliament.
(3) The office of the Chief Justice, Deputy Chief Justice or of a
Supreme Court judge shall not be abolished while there is a
substantive holder thereof.
(4) The Supreme Court shall be a superior court of record, and,
except as otherwise provided by Parliament, shall have all the
powers of such a court.
(5) When the Supreme Court is determining any matter, other
than an interlocutory matter, it shall be composed of an uneven
number of judges not being less than three.
(6) The Chief Justice may make rules with respect to the
practice and procedure of the Supreme Court in relation to the
jurisdiction and powers of the Supreme Court.
Article 93 [Appointment of Judges of Supreme Court]
(1) The Chief Justice shall be appointed by the President subject
to ratification by the National Assembly.
(2) The judges of the Supreme Court shall, subject to
ratification by the National Assembly, be appointed by the
President.
(3) If the office of Chief Justice is vacant or if the Chief Justice
is on leave or is for any reason unable to perform the functions
of his office, then, until a person has been appointed to, and
has assumed the functions of, that office or until the person
holding that office has resumed those functions, as the case may
be, the President may appoint the Deputy Chief Justice or a
Supreme Court judge to perform such functions.
(4) Without prejudice to the generality of clause (5), if the
office of Deputy Chief Justice is vacant or if the Deputy Chief
Justice is appointed to act as Chief Justice or is on leave or is
for any other reason unable to perform the functions of his
office, the President may appoint another judge of the Supreme
Court to act as Deputy Chief Justice.
(5) If the office of the Deputy Chief Justice or of a Supreme
Court judge is vacant, or if the Deputy Chief Justice is
appointed to act as Chief Justice, or if any Supreme Court
judge is appointed to act as Chief Justice or Deputy Chief
Justice, or if the Deputy Chief Justice or any Supreme Court
judge is on leave or is for any reason unable to perform the
functions of his office, the President may appoint a person
qualified for appointment as a judge of the Supreme Court to
act as the Deputy Chief Justice or a Supreme Court judge as the
case may be: Provided that a person may act as the Deputy
Chief Justice or a Supreme Court judge notwithstanding that he
has attained the age prescribed by Article 98.
(6) A puisne judge appointed to act as the Deputy Chief Justice
or a Supreme Court judge, as the case may be, pursuant to
clause (4) or (5), shall continue to be a judge of the High Court
and may continue to perform the functions of the office of
puisne judge.
Article 94 [High Court]
(1) There shall be a High Court for the Republic which shall
have, except as to the proceedings in which the Industrial
Relations Court has exclusive jurisdiction under the Industrial
Relations Act unlimited or original jurisdiction to hear and
determine any civil or criminal proceedings under any law and
such jurisdiction and powers as may be conferred on it by this
Constitution or any other law.
(2)(a) The Chief Justice shall be ex-officio a judge of the High
Court.
(b) The other judges of the High Court shall be such number of
puisne judges as may be prescribed by Parliament.
(3) The office of a puisne judge shall not be abolished while
there is a substantive holder.
(4) The High Court shall be a superior court of record and,
except as otherwise provided by Parliament, shall have the
powers of such a court.
(5) The High Court shall have jurisdiction to supervise any civil
or criminal proceedings before any subordinate court or any
court-martial and may make such orders, issue such writs and
give such directions as it may consider appropriate for the
purpose of ensuring that justice is duly administered by any
such court.
(6) The Chief Justice may make rules with respect to the
practice and procedure of the High Court in relation to the
jurisdiction and powers conferred on it by clause (5).
Article 95 [Appointment of Judges and Commissioners of High Court]
(1) The puisne judges shall, subject to ratification by the
National Assembly, be appointed by the President on the advice
of the Judicial Service Commission.
(2) The President, acting on the advice of the Judicial Service
Commission, may, if he considers that the interests of the
administration of justice so require, appoint a person to be a
Commissioner of the High Court for such period as the
President may determine.
(3) A person shall not be qualified for appointment as a
Commissioner of the High Court unless he is qualified for
appointment as a puisne judge: Provided that a person may be
appointed as Commissioner of the High Court notwithstanding
that he has attained the age prescribed by Article 98.
(4) Subject to the terms of his appointment, a Commissioner of
the High Court shall have all the jurisdiction, powers, and
privileges and duties of a puisne judge, and any reference in
any law to a puisne judge shall be construed accordingly.
Article 96 [Continuing Offices]
(1) Any person appointed under Article 93 to act as a judge
of the Supreme Court shall continue to act for the period of his
appointment or, if no such period is specified, until his
appointment is revoked by the President: Provided that the
President may permit a person whose appointment to act as a
judge of the Supreme Court has expired or been revoked to
continue to act for such period as may be necessary to enable
that person to deliver judgement or to do any other thing in
relation to proceedings that were commenced before him
previously.
(2) Any person appointed under Article 95 to hold office as
a Commissioner of the High Court shall continue to hold office
for the period of his appointment or until his appointment is
revoked by the President, acting on the advise of the Judicial
Service Commission: Provided that the President, acting on the
advice of the Judicial Service Commission, may permit a person
whose appointment to hold office as a Commissioner of the
High Court has expired or been revoked to continue to hold
office for such period as may be necessary to enable that person
to deliver judgement or to do any other thing in relation to
proceedings that were commenced before him previously.
Article 97 [Qualifications for Appointment as Supreme Court and Puisne Judges]
(1) Subject to clause (2), a person shall not be qualified for
appointment as a judge of the Supreme Court or a puisne judge
unless --
(a) he holds or has held high judicial office; or
(b) he holds one of the specified qualifications and has held one
or other of those qualifications for a total period of not less than
seven years.
(2) Where the President or the Judicial Service Commission, as
the case may be, is satisfied that, by reason of special
circumstances, a person who holds one of the specified
qualifications is worthy, capable and suitable to be appointed as
a judge of the Supreme Court or a puisne judge,
notwithstanding that he has not held one or other of those
qualifications for a total period of not less than seven years, the
President acting in the case of a puisne judge in accordance
with the advice of the Judicial Service Commission, may
dispense with the requirement that such person shall have held
one or other of the specified qualifications for a total period of
not less than seven years.
(3) In this Article "the specified qualifications" means the
professional qualifications specified in the Legal Practitioners
Act, one of which must be held by any person before he may
apply under that Act to be admitted as a practitioner in the
Republic.
(4) For the purposes of this Article and of Articles 93 and
94 "a person qualified for appointment" as a judge of the
Supreme Court or a puisne judge includes a person in respect of
whom the President, or as the case may be the Judicial Service
Commission is satisfied as provided for in clause (2).
Article 98 [Tenure of Office of Judges of Supreme and High Court]
(1) Subject to the provisions of this Article, a person holding
the office of a judge of the Supreme Court or the office of a
judge of the High Court shall vacate that office on attaining the
age of sixty five year: Provided that the President --
(a) may permit a judge of the High Court in accordance with
the advice of the Judicial Service Commission, or a judge of the
Supreme Court, who has attained that age to continue in office
for such period as may be necessary to enable him to deliver
judgement or to do any other thing in relation to proceedings
that were commenced before him before he attained that age:
(b) may appoint a judge of the High Court in accordance with
the advice of the Judicial Service Commission or a judge of the
Supreme Court, who has attained the age of sixty-five years for
such further period, not exceeding seven years, as the President
may determine.
(2) A judge of the Supreme Court or of the High Court may be
removed from office only for inability to perform the functions
of his office, whether or arising from infirmity of body or mind
or for misbehavior, and shall not be so removed except in
accordance with the provisions of this Article.
(3) If the President considers that the question of removing a
judge of the Supreme Court or of the High Court under this
Article ought to be investigated, then --
(a) he shall appoint a tribunal which shall consist of a Chairman
and not less than two other members, who hold or have held
high judicial office;
(b) the tribunal shall inquire into the matter and report on the
facts thereof to the President and advise the President whether
the judge ought to be removed from office under this Article
for inability as aforesaid or for misbehavior.
(4) Where a tribunal appointed under clause (3) advises the
President that a judge of the Supreme Court or of the High
Court ought to be removed from office for inability as aforesaid
or for misbehavior, the President shall remove such judge from
office.
(5) If the question of removing a judge of the Supreme Court or
of the High Court from office has been referred to a tribunal
under clause (3), the President may suspend the judge from
performing the functions of his office, and any such suspension
may at any time be revoked by the President and shall in any
case cease to have effect if the tribunal advises the President
that the judge ought not to be removed from office.
(6) The provisions of this Article shall be without prejudice to
the provisions of Article 96.
Article 99 [Oaths to be Taken by Judge]
A judge of the Supreme Court or of the High Court shall not
enter upon the duties of his office unless he has taken and
subscribed the oath of allegiance and such oath for the due
execution of his office as may be prescribed by or under an Act
of Parliament: Provided that a person who has once taken and
subscribed the said oaths may enter upon the duties of any such
office without again taking and subscribing such oaths.
Article 100 [Imposition of taxation]
(1) Subject to the provisions of this Article, no taxation shall be
imposed or altered except by or under an Act of Parliament.
(2) Except as provided by clauses (3) and (4), Parliament shall
not confer upon any other person or authority power to impose
or to alter, otherwise than by reduction, any taxation.
(3) Parliament may make provision under which the President
or the Vice-President or a Minister may by order provide that,
on or after the publication of a bill being a bill approved by the
President that it is proposed to introduce into the National
Assembly and providing for the imposition or alteration of
taxation, such provisions of the bill as may be specified in the
order shall, have the force of law for such and subject to such
conditions as may be prescribed by Parliament: Provided that
any such order shall, unless sooner revoked, case to have effect
--
(i) if the bill to which it relates is not passed within such period
from the date of its first reading in the National Assembly as
may be prescribed by Parliament;
(ii) if, after the introduction of the bill to which it relates,
Parliament is prorogued or the National Assembly is dissolved;
(iii) if, after the passage of the bill to which it relates the
President refuses his assent thereto; or
(iv) at the expiration of a period of four months from the date
on which it came into operation or such longer period from the
date as may be specified in any resolution passed by the
National Assembly after the bill to which it relates has been
introduced.
(4) Parliament may confer upon any authority established by
law for the purposes of local government
(5) Where the Appropriation Act in respect of a financial year
has not come into force at the expiration of six months from the
commencement of that financial year, the operation of any law
relating to the collection or recovery of any tax upon any
income or profits or any duty or customs or excise shall be
suspended until that Act comes into force: Provided that --
(i) in any financial year in which the National Assembly stands
dissolved at the commencement of that year the period of six
months shall begin from the day upon which the National
Assembly first sits following that dissolution instead of from the
commencement of the financial year;
(ii) the provisions of this clause shall not apply in any financial
year in which the National Assembly is dissolved after the
laying of estimates in accordance with Article 103 and
before the Appropriation bill relating to those estimates is
passed by Parliament.
Article 101 [Withdrawal of Moneys from General Revenues]
(1) No moneys shall be expended from the general revenues of
the Republic unless --
(a) the expenditure is authorized by a warrant under the hand of
the President;
(b) the expenditure is charged by this Constitution or any other
law on the general revenues of the Republic; or
(c) the expenditure is of moneys received by a department of
government and is made under the provisions of any law which
authorizes that department to retain and expend those moneys
for defraying the expenses of the department.
(2) No warrant shall be issued by the President authorizing
expenditure from the general revenues of the Republic unless --
(a) the expenditure is authorized by an Appropriation Act;
(b) the expenditure is necessary to carry on the services of the
Government in respect of any period, not exceeding four
months, beginning at the commencement of a financial year
during which the Appropriation Act for that financial year is not
in force;
(c) the expenditure has been proposed in a supplementary
estimate approved by the National Assembly;
(d) no provision exists for the expenditure and the President
considers that there is such an urgent need to incur the
expenditure that it would not be in the public interest to delay
the authorization of the expenditure until such time as a
supplementary estimate can be laid before and approved by the
National Assembly; or
(e) the expenditure is incurred on capital projects continuing
from the previous financial year and is so incurred before
commencement of the Appropriation Act for the current
financial year.
(3) the President shall, immediately after he signs any warrant
authorizing expenditure from the general revenues of the
Republic, cause a copy of the warrant to be transmitted to the
Auditor-General.
(4) The issue of warrants under paragraph (d) of clause (2) the
investment of moneys forming part of the general revenues of
the Republic and the making of advances from such revenues
shall be subject to such limitations and conditions as Parliament
may from time to time prescribe.
(5) For the purposes of this Article the investment of moneys
forming part of the general revenues of the Republic or the
making of recoverable advances therefrom shall not be regarded
as expenditure, and the expression "investment of moneys"
means investment in readily marketable securities and deposits
with a financial institution approved by the Minister responsible
for finance.
Article 102 [Supplementary Estimates in Respect of Expenditure Authorized by Warrant]
Where in any financial year any expenditure has been
authorized by a warrant issued by the President under
paragraph (d) of clause (2) Article 101, the Minister
responsible for finance shall cause a supplementary estimate
relating to that expenditure to be laid before the National
Assembly for its approval before the expiration of a period of
four months from the issue of the warrant or, if the National
Assembly is not sitting at the expiration of that period, at the
first sitting of the National Assembly thereafter.
Article 103 [Appropriation Acts and Supplementary Appropriation Acts]
(1) The minister responsible for finance shall cause to be
prepared and shall lay before the National Assembly within
three months after the commencement of each financial year
estimates of the revenues and expenditure of the Republic for
that financial year.
(2) When the estimates of expenditures have been approved by
the National Assembly, the heads of the estimates together with
the amount approved in respect of each shall be included in a
bill to be known as an appropriation bill which shall be
introduced in the Assembly to provide for the payment of those
amounts for the purposes specified out of the general revenues
of the Republic.
(3) Nothing in this Article shall be construed as requiring the
approval of the National Assembly for that part of any estimates
which relate to, or as requiring the inclusion in an
Appropriation Bill of provisions authorizing the expenditure of,
sums which are charged on the general revenues of the
Republic by this Constitution or any other by law.
(4) Where any supplementary expenditure has been authorized
in respect of any financial year for any purpose and --
(a) no amount has been appropriated for that purpose under any
head of expenditure by the Appropriation Act for that financial
year; or
(b) the amount of the supplementary expenditure is such that the
total amount expended for the purposes of the head of
expenditure in which expenditure for that purpose was included
is in excess of the amount so appropriated under that head; the
Minister responsible for finance shall introduce in the National
Assembly not later than fifteen months after the end of that
financial year or, if the National Assembly is not sitting at the
expiration of that period, within one month of the first sitting of
the National Assembly thereafter, a bill, to be known as a
Supplementary Appropriation bill, confirming the approval of
Parliament of such expenditure, or excess of expenditure, as the
case may be.
(5) Where in any financial year, expenditure has been incurred
without the authorization of Parliament, the Minister responsible
for finance shall, on approval of such expenditure by the
appropriate committee of the National Assembly, introduce in
the National Assembly, not later than thirty months after the
end of that financial year or, if the National Assembly is not
sitting at the expiration of that period, within one month of the
first sitting of the National Assembly thereafter, a bill to be
known as the Excess Expenditure Appropriation bill, for the
approval by Parliament of such expenditure.
Article 104 [Financial Report]
(1) The Minister responsible for finance shall cause to be
prepared and shall lay before the National Assembly not later
than nine months after the end of each financial year a financial
report in respect of that year.
(2) A financial report in respect of the financial year shall
include accounts showing the revenue and other moneys
received by the Government in that financial year, the
expenditure of the Government in that financial year other than
expenditure charged by this Constitution or any other law on
the general revenues of the Republic, the payments made in the
financial year otherwise than for the purposes of expenditure, a
statement of the financial position of the Republic at the end of
the financial year and such other information as Parliament may
prescribe.
Article 105 [Remuneration of Certain Officers]
(1) There shall be paid to the holders of the offices to which
this Article applies such salary and such allowances as may be
prescribed by or under an Act of Parliament.
(2) The salaries and any allowances payable to the holders of
the offices to which this Article applies shall be a charge on the
general revenues of the Republic.
(3) The salary payable to the holder of any office to which this
Article applies and his terms of office, other than allowances,
shall not be altered to his disadvantage after his appointment.
(4) Where a person's salary or terms of office depend upon his
option, the salary or terms for which he opts shall, for the
purposes of clause (3), be deemed to be more advantageous to
him than any others for which he might have opted.
(5) This Article applies to the offices of judge of the Supreme
Court, Attorney-General, judge of the High Court,
Investigator-General, Solicitor-General, Director of Public
Prosecutions and Auditor-General and to such other offices as
may be prescribed by an Act of Parliament.
Article 106 [Public Debt]
(1) There shall be charged on the general revenues of the
Republic all debt charges for which the Government is liable.
(2) For the purposes of the Article, debt charges include
interest, sinking fund charges, the repayment or amortisation of
debt, and all expenditure in connection with the raising of loans
on the security of the revenues of the former Protectorate of
Northern Rhodesia or the Republic and on the service and
redemption of debt thereby created.
Article 107 [Auditor-General]
(1) There shall be an Auditor-General for the Republic whose
office shall be a public office and who shall, subject to
ratification by the National Assembly, be appointed by the
President.
(2) It shall be the duty of the Auditor General --
(a) to satisfy himself that the provisions of this Part are being
complied with;
(b) to satisfy himself that the moneys expended have been
applied to the purposes for which they were appropriated by the
Appropriation Act or in accordance with the approved
supplementary estimates, or in accordance with the Excess
Expenditure Appropriation Act, as the case may be, and that
the expenditure conforms to the authority that governs it;
(c) to audit the accounts relating to the general revenues of the
Republic and the expenditure of moneys appropriated by
Parliament, the National Assembly, the accounts relating to the
stocks and stores of the Government and the accounts of such
other bodies as may be prescribed by or under any law;
(d) to audit the accounts relating to any expenditure charged by
this Constitution or any other law on the general revenues of
the Republic and to submit a report thereon to the President not
later than twelve months after the end of each financial year.
(3) The Auditor-General and any officer authorized by him shall
have access to all books, records, reports and other documents
relating to any of the accounts referred to in clause (2).
(4) The Auditor-General shall, not later, than twelve months
after the end of each financial year, submit a report on the
accounts referred to in paragraph (c) of clause (2) in respect of
that financial year to the President who shall, not later than
seven days after the first sitting of the National Assembly next
after the receipt of such report, cause it to be laid before the
Assembly; and if the President makes default in laying the
report before the Assembly, the Auditor-General shall submit
the report to the Speaker of the Assembly, or if the office of
Speaker is vacant or if the Speaker is for any reason unable to
perform the functions of his office, to the Deputy Speaker, who
shall cause it to be laid before the Assembly.
(5) The Auditor-General shall perform such other duties and
exercise such other powers in relation to all accounts of the
Government or the accounts of other public authorities or other
bodies as may be prescribed by or under any law.
(6) In the exercise of his functions under clauses(2), (3)
and (4), the Auditor-General shall not be subjected to the
direction or control of any person or authority.
Article 108 [Tenure of Office of Auditor General]
(1) Subject to the provisions of this Article, a person holding
the office of Auditor-General shall vacate his office when he
attains the age of sixty years.
(2) A person holding the office of Auditor-General may be
removed from office only for inability to perform the functions
of his office, whether arising from infirmity of body or mind,
or for misbehavior and shall not be so removed except in
accordance with the provisions of this Article.
(3) If the National Assembly resolves that the question of
removing a person holding the office of Auditor-General from
office under this Article ought to be investigated then
(a) the Assembly shall, by resolution, appoint a tribunal which
shall consist of a Chairman and not less than two other
members, who hold or have held high judicial office;
(b) the tribunal shall inquire into the matter and report on the
facts thereof to the Assembly;
(c) the Assembly shall consider the report of the tribunal at the
first convenient sitting of the Assembly after it is received and
may, upon such consideration, by resolution, remove the
Auditor-General from office.
(4) If the question of removing a person holding the office of
Auditor-General from office has been referred to a tribunal
under this Article, the National Assembly may, by resolution,
suspend that person from performing the functions of his office,
and any such suspension may at any time be revoked by the
Assembly by resolution and shall in any case cease to have
effect if, upon consideration of the report of the tribunal in
accordance with the provisions of this Article, the Assembly
does not remove the Auditor-General from office.
(5) A person who holds or has held the office of
Auditor-General shall not be appointed to hold or to act in any
other Public Office.
Article 109 [Commissions]
(1) There shall be established for the Republic a Judicial
Service Commission which shall have the functions conferred
on it by this Constitution and such other functions and powers
relating to the public service, or to judicial or legal service,
other than in the public service, as may be prescribed by or
under an Act of Parliament.
(2) Parliament may establish for the Republic other
Commissions which, together with the Judicial Service
Commission, are hereafter collectively referred to as Service
Commissions which shall have such functions and powers in
relation to the public service, or in relation to persons in public
employment other than public officers, as may be prescribed by
or under an Act of Parliament.
(3) Commissions other than Service Commissions may be
established for the Republic by or under an Act of Parliament
and shall have such functions and powers as may be prescribed
by or under such an Act.
(4) Nothing in the foregoing precludes provision being made by
or under an Act of Parliament to confer on a Service
Commission functions and powers in relation to matters other
than public employment.
Article 110 [Pension Laws and Protection]
(1) The law to be applied with respect to any pension benefits
that were granted to any person before the commencement of
this Constitution shall be the law that was in force at the date
on which those benefits were granted or any law in force at a
later date that is not less favorable to that person.
(2) The law to be applied with respect to any pensions benefits
not being benefits to which clause (1) applies, shall --
(a) in so far as those benefits are wholly in respect of a period
of service as a public officer, as any officer in the department
of the Clerk of the National Assembly, or as a member of the
armed forces, that commenced before the commencement of
this Constitution, be the law that was in force immediately
before that date; and
(b) in so far as those benefits are wholly or partly in respect of
a period of service as a public officer, as any officer in the
department of the Clerk of the National Assembly, or as a
member of the armed forces, that commenced after the
commencement of this Constitution, be the law in force on the
date on which that period of service commenced; or any law in
force at a later date that is not less favorable to that person.
(3) Where a person is entitled to exercise an option as to which
of two or more laws shall apply in his case, the law for which
he opts shall, for the purposes of this Article, be deemed to be
more favorable to him than the other law or laws.
(4) All pensions benefits shall, except to the extent to which
they are a charge on a fund established by or under any law and
have been duly paid out of that fund to the person or authority
to whom payment is due, be a charge on the general revenues
of the Republic.
(5) In this Article "pension benefits" means any pensions,
compensation, gratuities or other like allowances for persons in
respect of their service as public officers, as officers in the
department of the Clerk of the National Assembly or as
members of the armed forces or for the widows, children,
dependents or personal representatives of such persons in
respect of such service.
(6) Reference in this Article to the law with respect to pension
benefits include, without prejudice to their generality,
references in the law regulating the circumstances in which such
benefits may be granted or in which the grant of such benefits
may be refused, the law regulating the circumstances in which
any such benefits that have been granted may be withheld,
reduced in amount or suspended, and the law regulating the
amount of any such benefits: Provided that, notwithstanding
anything to the contrary contained in this Constitution or any
other written law, such references shall not be so construed as
to include the law regulating the law of compulsory retirement.
(7) In this Article --
(a) references to service as a public officer includes references
to service as a public officer under the Government of the
territories which on the 24 Oct 1964, became the sovereign
Republic of Zambia and references to service as a member of
the teaching service of the said Government,
(b) references to service as an officer in the department of the
Clerk of the National Assembly includes references to service
as an officer in the department of the Clerk of the Legislative
Assembly of the said territories; and
(c) references to service as a member of the armed forces
include references to service as a member of the armed forces
of the said territories.
Article 111 [Resignations]
(1) Any person who is appointed or elected to any office
established by this Constitution may resign from that office by
writing under his hand addressed to the persons or authority by
whom he was appointed or elected: Provided that in the case of
a person who holds office as Speaker or Deputy Speaker of the
National Assembly his resignation from that office shall be
addressed to the Assembly, and in the case of an elected or
nominated member of the Assembly his resignation shall be
addressed to the Speaker.
(2) The resignation of any person from any office established
by this Constitution shall take effect when the writing signifying
the resignation is received by the person or authority to whom
it is addressed or by any person authorized by that person or
authority to receive it.
Article 112 [Reappointment and Concurrent Appointments]
(1) Where any person has vacated any office established by this
Constitution he may, if qualified, again be appointed or elected
to hold that office in accordance with the provisions of this
Constitution.
(2) Where a power is conferred by this Constitution upon any
person to make any appointment to any office, a person may be
appointed to that office notwithstanding that some other person
may be holding that office, when that other person is on leave
of absence pending the relinquishment of the office; and where
two or more persons are holding the same office by reason of
an appointment made in pursuance of this clause, then for the
purposes of any function conferred upon the holder of that
office, the person last appointed shall deemed to be the sole
holder of the office.
Article 113 [Interpretation]
(1) In this Constitution, unless the context otherwise requires
--
"Act of Parliament" means a law enacted by Parliament;
"Article" means an Article of this Constitution;
"Chief" means a person who is recognized by the President
under the provisions of the Chiefs Act or any law amending or
replacing that Act as the Litunga or Western Province, a
Paramount Chief, Senior Chief, Chief or Sub-Chief or a person
who is appointed as Deputy Chief;
"Clause" means a clause of the Article in which the word
occurs;
"financial year" means the period of twelve months ending on
the 31 Dec in any year or on such other day as may be
prescribed by or under an Act of Parliament: Provided that by
or under an Act of Parliament prescribing a day other than the
31 Dec as the terminal day of the financial year the said period
of twelve months may be extended or reduced for any one
financial year for the purpose of effecting such prescribed
change;
"the Gazette" means the official Gazette of the Government of
Zambia;
"High Court" means the High Court established by this
Constitution;
"high judicial office" means the office of a judge of a court of
unlimited jurisdiction in civil and criminal matters in some part
of the Commonwealth or in the Republic or Ireland or the
office of a judge of a court having jurisdiction in appeals from
such a court;
"House" means the National Assembly;
"meeting" means all sittings of the National Assembly held
during a period beginning when the Assembly first sits after
being summoned at any time and terminating when the
Assembly is adjourned sine die or at the conclusion of a
session;
"oath" includes affirmation;
"the oath of allegiance" means such oath of allegiance as may
be prescribed by law;
"paragraph" means a paragraph of the clause in which the word
occurs;
"person" includes any company or association or body of
persons, corporate or unincorporated;
"public office" means an office of emolument in the public
service;
"public officer" means a person holding or acting in any public
office;
"the public service" subject to clauses (2) and (3) shall have the
meaning assigned to it by an Act of Parliament;
"session" means the sittings of the National Assembly beginning
when it first sits after the coming into operation of this
Constitution or after Parliament is prorogued or dissolved at
any time and ending when Parliament is prorogued or is
dissolved without having been prorogued;
"sitting" means a period during which the National Assembly is
sitting without adjournment and includes any period during
which it is in committee;
"statutory instrument" means any Proclamation, regulation,
order, rule, notice or other instrument, (not being an Act of
Parliament) of a legislative as distinct from an executive,
character;
"Supreme Court" means the Supreme Court of Zambia
established by this Constitution.
(2) In this Constitution references to offices in the public
service shall be construed as including references to the offices
of judges of the Supreme Court and of the High Court, and to
the offices of Chairman, Deputy Chairman, and members of the
Industrial Relations Court.
(3) In this Constitution references to an office in the public
service shall not be construed as including references to the
offices of the Attorney-General, or a member of any
Commission established by this Constitution or by an Act of
Parliament or to the office of the Clerk of the National
Assembly or any office in the department of the Clerk of the
National Assembly.
(4) For the purposes of this Constitution, a person shall not be
considered as holding a public office by reason only of the fact
he is in receipt of a pension or other like allowance in respect
of service under the Government of Zambia or of its
predecessor Government.
(5) A person shall not be regarded as disqualified for
appointment to any office to which a public officer is not
qualified to be appointed by reason only that he holds a public
office if he is on leave of absence pending relinquishment of
that office.
(6) In this Constitution, unless the context otherwise requires, a
reference to the holder of an office by the term designating his
office shall be construed as including a reference to any person
for the time being lawfully acting in or performing the functions
of that office: Provided that nothing in this clause shall apply to
references to the President or Vice-President in Articles
36, 37, 39, and 45.
(7) References in this Constitution to the power to remove a
public officer from his office shall be construed as including
references to any power conferred by any law to require or
permit that officer to retire from the public service: Provided
that nothing in this clause shall be construed as conferring on
any person or authority power to require a judge of the
Supreme Court or of the High Court, the Investigator-General,
the Auditor-General or the Director of Public Prosecutions to
retire from the public service.
(8) Any provision in this Constitution that vests in any person
or authority power to remove any public officer from his office
shall be without prejudice to the power of any person or
authority to abolish any office or to any law providing for the
compulsory retirement of public officers generally or any class
of public officers on attaining an age specified therein.
(9) Where power is vested by this Constitution in any person or
authority to appoint any person to act in or perform the
functions of any office if the holder thereof is himself unable to
perform those functions, no such appointment shall be called in
question on the ground that the holder of the office was not
unable to perform those functions.
(10) No provision of this Constitution that any person or
authority in the exercise of any functions under this Constitution
shall be construed as precluding a court of law from exercising
jurisdiction in relation to any question whether that person or
authority has performed those functions in accordance with this
Constitution or any other law.
(11) When any power is conferred by this Constitution to make
any Proclamation, statutory instrument, order, regulation or
rule, or to issue any direction or certificate or confer
recognition, the power shall be construed as including the
power, exercisable in like manner, to amend or revoke any
such Proclamation, statutory instrument, order, regulation, rule,
direction or certificate or to withdraw any such recognition:
Provided that nothing in this clause shall apply to the power to
issue a certificate conferred by clause (2) of Article 36.
(12)(a) Any reference in this Constitution to a law that amends
or replaces any other law shall be construed as including a
reference to a law that modifies, re-enacts with or without
amendment or modification, or makes different provision in lieu
of that other law.
(b) Where any Act passed after the commencement of this
Constitution repeals and re-enacts, with or without modification,
any provisions thereof, references in this Constitution to the
provisions so repealed shall, unless the contrary intention
appears, be construed as references to the provisions so
re-enacted.
(c) Where any Act passed after the commencement of this
Constitution repeals any provision thereof then, unless the
contrary intention appears, the repeal shall not --
(i) revive anything not in force or existing at the time at which
the repeal takes effect; or
(ii) affect the previous operation of any provision so repealed or
anything duly done or suffered under any provision so repealed;
or
(iii) affect any right, privilege, obligation or liability acquired,
accrued or incurred under any provision so repealed; or
(iv) affect any penalty, forfeiture or confiscation or punishment
incurred under any provision so repealed; or
(v) affect any investigation, legal proceeding or remedy in
respect of any such right, privilege, obligation, liability,
penalty, forfeiture or confiscation or punishment as aforesaid,
and any such investigation, legal proceeding or remedy may be
instituted, continued or enforced, and any such penalty,
forfeiture or confiscation or punishment may be imposed, as if
the repealing Act had not been passed.
(13) In this Constitution, unless the context otherwise requires,
words and expressions importing the masculine gender include
females.
(14) In this Constitution, unless the context otherwise requires,
words and expressions in the singular include the plural and
words and expressions in the plural include the singular.
(15) Where this Constitution confers any power or imposes any
duty, the power may be exercised and the duty shall be
performed from time to time as occasion requires.
(16) Where by any Act which repeals and re-enacts, with or
without modification, any provision of this Constitution, and
which is not to come into force immediately on the publication
thereof, there is conferred --
(a) a power to make or a power exercisable by making statutory
instruments; or
(b) a power to make appointments; or
(c) a power to do any other thing for the purposes of the
provision in question; that power may be exercised at any time
on or after the date of publication of the Act in the Gazette:
Provided that no instrument, appointment or thing made or done
under that power shall, unless it is necessary to bring the Act
into force, have any effect until the commencement of the Act.
(17) In computing time for the purposes of any provision of this
Constitution, unless a contrary intention is expressed --
(a) a period of days from the happening of an event or the
doing of any act or thing shall be deemed to be exclusive of the
day on which the event happens or the act or thing is done;
(b) if the last day of the period is Sunday or a public holiday
which days are in this clause referred to as "excluded days" the
period shall include the next following day, not being an
excluded day;
(c) where any act or proceeding is directed or allowed to be
done or taken on a certain day, then, if that day happens to be
an excluded day the act or proceeding shall be considered as
done or taken in due time if it is done or taken the next day
afterwards, not being an excluded day;
(d) where an act or proceeding is directed or allowed to be
done or taken within any time not exceeding six days, excluded
days shall not be reckoned in the computation of the time.