Zambia: Constitution

Updated September 2006

Note: A new Constitution is under consideration by the Parliament of Zambia (see below, Draft Constitution undated), but will not be in place for the 2006 elections.

CONSTITUTION	Constitution of Zambia 1996[1].
FORM OF STATE	Republic[2].
HEAD OF STATE	The President is Head of State and Government and Commander in Chief of the Defence Force. The parents of the President must be Zambian by birth[3]. The President is elected through secret ballot by direct universal adult suffrage in plurality elections. Office is restricted to two five year terms[4].
EXECUTIVE	Executive power is vested in the President and may be exercised through the Vice-President and the Cabinet. The Vice-President and members of Cabinet are appointed by the President from the National Assembly[5].
LEGISLATURE	Legislature power is vested in Parliament which consists of the President and the National Assembly. The National Assembly is composed of 150 members who are elected from constituencies in first-past-the-post elections, eight members nominated by the President and a Speaker elected from outside the Assembly by the Assembly[6]. The term of parliament is five years.
JUDICIARY	The judicial system comprises a Supreme Court (final court of appeal), a High Court, an Industrial Relations Court and subordinate courts and local courts[7]. Judges, including the Chief Justice and Deputy Chief Justice, are appointed by the President and ratified by the National Assembly. Judges may only be removed for misconduct or incompetence on the advice of a tribunal[8].
AMENDMENTS	In general amendments require a two-thirds majority of the National Assembly. Amendment of Part III (the bill of rights) requires, in addition, a majority of people eligible to be voters at a national referendum[9].

Table notes

[1] Constitution 1996.
[2] Constitution 1996, Article 1(4).
[3] Constitution 1996, Articles 33(1), 34(3)(b).
[4] Constitution 1996, Articles 34(1), 35(1), (2).
[5] Constitution 1996, Articles 33(2), 45(2), 46(1), (2).
[6] Constitution 1996, Articles 62, 63, 68, 69(1), 77(1). Chiefs who wish to stand for election must abdicate the chieftaincy (Article 65(2), (3)). A government advisory body, the House of Chiefs, is also provided for to consider matters relating to customary law, but it has no legislative powers and may only submit resolutions to be debated by the assembly. It consists of 27 members; three elected from each of the nine provinces elected by the chiefs for a term of three years (Article 130-133).
[7] Constitution 1996, Article 91.
[8] Constitution 1996, Articles 92(1), (2), 95(1), 98(2)-(4).
[9] Constitution 1996, Article 79.

References

CONSTITUTION OF ZAMBIA 1996, [www] http://aceproject.org/regions-en/eisa/ZM/ Constitution%20of%20Zambia%201996.pdf/at_download/file [PDF document, opens new window] (accessed 2 Jun 2008).

DRAFT CONSTITUTION UNDATED, [www] http://www.parliament.gov.zm/index.php?option=com_content&task=view&id=41&Itemid=34 [opens new window] (accessed 29 Oct 2007).