As usual my love for you fellow Zambians and our country made me have a sleepless night thinking how best I can download the draft constitution in a programme I can easily copy and paste for you on FB since some of you cant access watchdog main news website locally. Lekker converted into iBooks and here we are. PART I SUPREMACY OF CONSTITUTION Supremacy of Constitution 1. (1) This Constitution is the supreme law of the Republic of Zambia and any other written law, customary law and customary practice that is inconsistent with its provisions is void to the extent of the inconsistency. (2) An act or omission that contravenes this Constitution is illegal. (3) This Constitution shall bind all persons in Zambia, State organs and State institutions. (4) The validity or legality of this Constitution is not subject to challenge by or before a State organ or other forum. (5) A matter relating to this Constitution shall be heard by the Constitutional Court. Defence of Constitution 2. Every person has the right and duty to – (a) defend this Constitution; and (b) resist or prevent a person from overthrowing, suspending or illegally abrogating this Constitution. Continuous effect of Constitution 3. The operation of this Constitution shall not be affected by an unlawful act to overthrow, suspend or illegally abrogate its provisions. PART II SOVEREIGNTY Republic of Zambia 4. (2) (1) Zambia is a sovereign Republic under a constitutional form of governance. The Republic consists of the territory defined in an Act of Parliament. (3) multi-party democratic State. The Republic is a unitary, indivisible, multi-ethnic, multi-racial, multi-religious, multi-cultural and (4) The Republic shall not be ceded, in whole or in part. (5) The Republic may enter into a union or other form of inter-state organisation, which action shall not be construed as ceding the Republic. Sovereign authority 5. (1) Sovereign authority vests in the people of Zambia, which may be exercised directly or through elected or appointed representatives or institutions. (2) Power that is not conferred by or under this Constitution on any State organ, State institution, State officer, Constitutional office holder or other institution or person is reserved for the people. (3) The people of Zambia shall exercise their reserve power through a referendum, as prescribed. National symbols 6. (a) (b) (c) (d) (e) (2) (1) The national symbols of the Republic are the - National Flag; National Anthem; Coat of Arms; Public Seal; and National Motto. The form, words, description and use of the national symbols shall be prescribed. Laws of Zambia 7. The Laws of Zambia consist of - (a) this Constitution; (b) laws enacted by Parliament; (c) statutory instruments; (d) Zambian customary law which is consistent with this Constitution; and (e) the laws and statutes which apply or extend to Zambia, as prescribed. ECONOMIC POLICIES PART III NATIONAL VALUES, PRINCIPLES AND National values and principles 8. (a) (b) (c) (d) (e) (f) The national values and principles are- morality and ethics; patriotism and national unity; democracy and constitutionalism; human dignity, equity, social justice, equality and non-discrimination; good governance and integrity; and sustainable development. Application of national values and principles 9. (a) (b) (c) The national values and principles shall apply to the– interpretation of this Constitution; enactment and interpretation of the law; and development and implementation of State policy. Basis of economic policies 10. (1) The Government shall create an economic environment which encourages individual initiative and self-reliance among the people, so as to promote investment, employment and wealth. (2) The Government shall promote the economic empowerment of citizens so that they contribute to sustainable economic growth and social development. (3) The Government shall promote local and foreign investment and protect and guarantee such investment through agreements with investors and other countries. (4) The Government shall not compulsorily acquire an investment, except under customary international law and subject to Article 42 (4), provided that where the investment was made from the proceeds of crime no compensation shall be paid by the Government. President’s report on application of values and principles 11. The President shall, once in every year, report to the National Assembly the progress made in the application of the values and principles specified under this Part. PART IV CITIZENSHIP Existing citizenship 12. A person who was a citizen of Zambia, immediately before the commencement of this Constitution, shall continue to be a citizen of Zambia and shall retain the same citizenship category from the date the citizenship was acquired. Categories of citizenship 13. Citizenship may be acquired by birth, descent, registration or adoption in accordance with this Part. Citizenship by birth 14. (1) A person born in Zambia is a citizen by birth if, at the date of that person’s birth, at least one parent of that person is or was a citizen. (2) A child found in Zambia who is, or appears to be, of not more than eight years of age and whose nationality and parents are not known, shall be presumed to be a citizen by birth. (3) For the purposes of this Part, a person born aboard- (a) a registered ship or aircraft of a country, shall be deemed to have been born in the country of registration of the ship or aircraft; or (b) an unregistered ship or aircraft of a country, shall be deemed to have been born in that country. Citizenship by descent 15. A person born outside Zambia is a citizen by descent if, at the date of that person’s birth, at least one parent of that person is or was a citizen by birth or descent. Citizenship by registration 16. (1) Subject to clause (3), a person is entitled to apply to the Citizenship Board of Zambia to be registered as a citizen if that person has attained the age of eighteen years and- (a) was born in Zambia and has been ordinarily resident in Zambia for a period of five years; (b) was born outside Zambia, has or had an ancestor who is, or was, a citizen and has been ordinarily resident in Zambia for a period of five years; or (c) has been ordinarily resident in Zambia for a continuous period of not less than ten years; immediately preceding that person’s application for registration, as prescribed. (2) Notwithstanding clause (1), a person who is, or was married to a citizen, for a period of not less than five years, is entitled to apply to the Citizenship Board of Zambia, to be registered as a citizen, as prescribed. Citizenship by adoption 17. A child who is not a citizen and who is adopted by a citizen shall be a citizen on the date of the adoption. Dual citizenship 18. (1) A citizen shall not lose citizenship by acquiring the citizenship of another country. (2) A citizen who ceased to be a citizen, before the commencement of this Constitution as a result of acquiring the citizenship of another country, shall be entitled to apply, as prescribed, to the Citizenship Board of Zambia, for citizenship and the Board shall bestow citizenship on that person. Renunciation and deprivation of citizenship 19. (1) A citizen- (a) may renounce citizenship as prescribed; or (b) shall be deprived of citizenship if that citizenship was acquired by means of fraud, false representation or concealment of a material fact. (2) The process and procedures to be followed by the Citizenship Board of Zambia when granting or depriving a person of citizenship shall be prescribed. Citizenship Board of Zambia 20. (1) There is established the Citizenship Board of Zambia. (2) The composition, appointment and tenure of office of members of, and procedures to be followed by, the Citizenship Board of Zambia shall be prescribed. Entitlements of citizen 21. A citizen is entitled to– (a) the rights, privileges and benefits of citizenship as provided in this Constitution or as prescribed; and (b) a document of identification issued by the State to citizens. Responsibilities of citizen 22. (a) (b) (c) (1) A citizen shall – be patriotic to Zambia and promote its development and good image; pay taxes and duties lawfully due and owing to the State; protect and conserve the environment and utilise natural resources in a sustainable manner; (d) (e) (f) and order. (2) A citizen shall endeavour to- (a) acquire basic understanding of this Constitution and promote its ideals and objectives; (b) register and vote, if eligible, in all national and local government elections and referenda; (c) develop one’s abilities to the greatest possible extent through acquisition of knowledge, continuous learning and the development of skills; (d) foster national unity and live in harmony with others; and maintain a clean and healthy environment; provide national, defence and military service when called upon by the State; and co-operate with law enforcement agencies for the maintenance and enforcement of law (e) understand and enhance Zambia’s place in the international community. Reference to citizenship of parent 23. A reference in this Part to the citizenship 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 that person’s parent, be construed as a reference to the citizenship of the parent at the time of the parent’s death. PART V Status, Application and Interpretation BILL OF RIGHTS Status of Bill of Rights 24. (1) The Bill of Rights, as provided for in this Part, is fundamental to democracy and constitutionalism and shall be the basis of Zambia’s social, political, legal, economic and cultural policies and State action. (2) The rights and freedoms set out in the Bill of Rights – (a) (b) are inherent in each individual; protect the dignity of the person; include rights and freedoms which are consistent with this Constitution but not expressly (c) provided for, except those that are repugnant to the morals and values of the people of Zambia; and (d) are subject to the limitations, derogations and restrictions provided for in Articles 66, 67 and 68. Recognition of role of civil society. 25. The State shall recognise the role of civil society in the promotion and protection of the Bill of Rights. Development of jurisprudence and interpretation of Bill of Rights 26. (1) Where legislation does not give effect to a right or freedom, the Constitutional Court shall develop human rights jurisprudence. (2) A court, the Human Rights Commission, State institution, a person or body shall interpret a right or freedom in a manner consistent with Articles 24, 312, 313 and 319. Civil and Political Rights Protection from discrimination 27. A person shall not be discriminated against, except under a law that provides for affirmative action. Right to life 28. (1) A person has the right to life. (2) The life of a person begins at conception. (3) A person shall not be deprived of life intentionally, except for a capital offence the sentence of which is death, subject to limitations, defences and extent prescribed. (4) A court shall not impose a sentence of death on a convict – (a) (b) (c) who is pregnant; who is a child; or where there are extenuating circumstances relating to the commission of the offence. Freedom of person 29. A person has the right to freedom of the person which includes the right not to be deprived of that freedom arbitrarily. Protection from inhuman treatment and security of person 30. (a) (b) (1) A person has the right not to be - subjected to torture; or treated or punished in a cruel, inhuman or degrading manner. (2) human trafficking. A person has the right to security of the person which includes the right not to be subjected to Protection from slavery, servitude and forced labour 31. (1) A person shall not be held in slavery or servitude. (2) A person shall not be required to perform forced labour. Protection of privacy of person, home, property and communication 32. (a) (b) (c) (e) have the privacy of that person’s communications infringed. A person has the right to privacy, which includes the right not to - be searched; have that person’s home or property searched; have that person’s possessions seized; have information relating to that person’s family, health status or private affairs unlawfully (d) required or revealed; or Freedom of conscience, belief and religion 33. (1) A person has the right to freedom of conscience, belief and religion. (2) A person has the right, individually or in community with others, publicly or privately, to manifest any religion or belief through worship, observance, practice or teaching, including the observance of a day of worship. (3) Clause (2) does not extend to conduct or statements that infringe the enjoyment of freedom of conscience, belief and religion by others or that may incite religious wars. (4) A person shall not be compelled to act, or engage in an act that is, contrary to that person’s conscience, belief or religion. (5) A person shall not be deprived of access to an institution or a facility on the basis of that person’s belief or religion. Freedom of expression 34. (1) A person has the right to freedom of expression which includes - (a) freedom to hold an opinion; (b) freedom to receive or impart information or ideas; (c) freedom of artistic creativity; (d) academic freedom; and (e) freedom of scientific and technological research, as prescribed. (2) Clause (1) does not extend to - (a) conduct or statements which incite war, genocide, crimes against humanity or other forms of violence; or (b) statements which - (i) vilify or disparage others; or (ii) incite hatred. Access to information 35. (1) A person has the right of access to information held by the State or another person which is lawfully required for the exercise or protection of a right or freedom. (2) A person has the right to demand the correction of false or misleading information recorded or published about that person. (3) The State shall proactively publicise information that is in the public interest or affects the welfare of the Nation.
Posted on: Thu, 16 Jan 2014 07:09:29 +0000
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