The Constitution of Zambia is the supreme law of the Republic. It outlines the structure of government, the separation of powers, and the roles of the executive, legislature, and judiciary. The Constitution also guarantees fundamental human rights and freedoms, defines electoral systems, the functions of constitutional offices, the process of constitutional amendment, and the principles of governance.
Formally adopted in 1991 under the presidency of Kenneth Kaunda by the National Assembly of Zambia, it replaced the 1964 Independence constitution, and was later amended in 2009. The document starts with the preamble and follows 20 parts outlining the structure of government, the separation of powers, the roles of the executive, legislature, and judiciary, and guaranteeing fundamental human rights and freedoms. The annex is the final section of the Constitution.
Key Provisions of the Constitution
The Zambian Constitution is divided into several parts, each addressing specific aspects of governance and rights. Here's a breakdown of some key sections:
Part I: The Republic
Part I (Articles 1-7) of the Zambian Constitution affirms the Constitution as the supreme law of the Republic (Article 1), rendering any inconsistent law or custom void. It binds all persons and institutions, and constitutional matters are heard exclusively by the Constitutional Court. The Republic is defined as a sovereign, unitary, indivisible, multi-ethnic, multireligious, multi-party democratic state (Article 4), and sovereignty resides in the people, who may exercise it directly or through representatives, including by referendum (Article 5).
Part II: National Values and Principles
Part II (Articles 8-10) sets out Zambia’s national values and principles, including morality and ethics, patriotism, democracy, human dignity, equality, good governance, and sustainable development (Article 8). These principles are to guide the interpretation of the Constitution, the making and interpretation of laws, and the implementation of state policy. Article 10 establishes the basis of economic policy, requiring the government to promote a self-reliant economic environment, support citizen economic empowerment, and encourage both local and foreign investment. Investments are to be protected under international agreements, and compulsory acquisition is limited to cases permitted under international law.
Read also: Key Aspects of the Ugandan Constitution
Part III: Bill of Rights
Part III is found in the Bill of Rights, detailing fundamental human rights and freedoms, including civil, political, economic, social, and cultural rights.
Parts IV, VI, and VII: Government Structure
- Part IV defines the Executive branch, including the President, Vice-President, Cabinet, and their powers, responsibilities, and election processes.
- Part VI comprises the structure and independence of the Judiciary, including the Constitutional Court, Supreme Court, Court of Appeal, and subordinate courts.
- Part VII consists of General Principles of Devolved Governance, introducing decentralisation through provincial and local authorities.
Parts IX-XIII: Constitutional Offices and Commissions
Parts IX-XIII contain information about constitutional offices and commissions, such as the Electoral Commission of Zambia (ECZ), Human Rights Commission, Anti-Corruption Commission, Public Protector and others involved in service commissions and good governance.
Parts XIV-XVIII: Public Service, Defence, Land, and General Provisions
- Part XIV outlines the Public Service, including appointments, discipline, and terms of public officers.
- Part XV addresses the Defence and Security services, including the Zambia Army, Air Force, Police, and intelligence services.
- Parts XVI-XVII handle Land, Environment and Natural Resources, and Chieftaincy and Traditional Affairs, recognising the roles of chiefs and customary practices.
- Part XVIII contains General Provisions relating to legal interpretation, oaths, and transitional arrangements.
Part XIX: Amendment Procedure
Part XIX covers the Amendment Procedure, requiring parliamentary approval and, in some cases, a national referendum for constitutional changes.
Recent Developments and Concerns
Hakainde Hichilema’s election in 2021 was widely interpreted as a victory for democracy. Zambia has suffered rising repression under his predecessor, Edgar Lungu, but Hichilema promised democratic accountability. Yet today, there are serious concerns that his government is promoting constitutional changes that would entrench ruling-party dominance.
The Constitution of Zambia (Amendment) Bill No. 7 would increase the number of Members of Parliament (MPs) by over 60 percent, introduce elements of proportional representation to create a “mixed” electoral system, and create reserved seats for women, youth, and persons with disabilities. The ruling United Party for National Development (UPND) claims the amendments are needed to correct historical exclusion.
Read also: The Constitution of Ethiopia
This scepticism is rooted in recent political developments and the text itself. Bill No. 7 has emerged alongside other legislation that would tighten state control over civic and political space, at a time when infringements on “fundamental freedoms” are growing. Many provisions are vague and some undermine democratic checks and balances, while the progressive aspects are ill-conceived.
It is true that the UPND faces an extremely difficult economic context, but a flawed constitutional review process is not the way to secure more time to deliver on its agenda. The best way to honour the promises made in 2021, and the democratic aspirations of Zambian citizens, is to withdraw Bill No.
Key Concerns with Bill No. 7
- The Bill would add 55 new constituency-based MPs - more than the total number to be elected through proportional representation. There is widespread concern that most of these new constituencies will be created in UPND strongholds, helping the party retain a majority even if it loses support.
- The rule that parliament must be dissolved 90 days before elections is being revoked on the basis that this unfairly shortens MPs terms of office.
- The constitutional amendment increases the number of MPs the president can appoint from eight to ten.
In justifying the bill, the government has emphasised the historical underrepresentation of women and marginalised groups. This is a serious problem, but Bill No. The amendments would only create 20 seats for women, 12 for youth, and 3 for persons with disabilities. Worse, poorly designed quotas can reinforce marginalisation.
Perhaps the most striking flaw in Bill No.7 has been the process itself. This concern is shared by the Constitutional Court, which recently found the government had failed to meet constitutional requirements for public participation. The Court also recommended restarting a more inclusive process.
Zambia needs a new constitution, but it deserves one that is rooted in evidence, consultation, and democratic principles.
Read also: Understanding Niger's Constitution
Zambia's Constitution Review
Historical Context
The indigenous hunter-gatherer occupants of Zambia began to be displaced or absorbed by more advanced migrating tribes about 2,000 years ago. The major waves of Bantu-speaking immigrants began in the 15th century, with the greatest influx between the late 17th and early 19th centuries.
In 1888, Cecil Rhodes, spearheading British commercial and political interests in Central Africa, obtained mineral rights concession from local chiefs. In the same year, Northern and Southern Rhodesia (now Zambia and Zimbabwe, respectively) were proclaimed a British sphere of influence. In 1953, both Rhodesias were joined with Nyasaland (now Malawi) to form the Federation of Rhodesia and Nyasaland. On December 31, 1963, the federation was dissolved, and Northern Rhodesia became the Republic of Zambia on October 24, 1964.
Government Structure Post-Independence
Zambia became a republic immediately upon attaining independence in October 1964. The constitution promulgated on August 25, 1973, abrogated the original 1964 constitution. The 1973 constitution provided for a strong president and a unicameral National Assembly. National policy was formulated by the Central Committee of the United National Independence Party (UNIP), the sole legal party in Zambia. The cabinet executed the central committee’s policy.
In December 1990, at the end of a tumultuous year that included riots in the capital and a coup attempt, President Kenneth Kaunda signed legislation ending UNIP’s monopoly on power. In response to growing popular demand for multi-party democracy, and after lengthy, difficult negotiations between the Kaunda government and opposition groups, Zambia enacted a new constitution in August 1991.
Political Conditions and Reforms
The constitution was amended again in 1996 to set new limits on the presidency (including a retroactive two-term limit, and a requirement that both parents of a candidate be Zambian-born). The National Assembly is comprised of 150 directly elected members, up to eight presidentially-appointed members, and a speaker.
Zambia's first multi-party elections for parliament and the presidency since the 1960s were held on October 31, 1991. MMD candidate Frederick Chiluba resoundingly carried the presidential election over Kenneth Kaunda with 81% of the vote. In the parliamentary elections, the MMD won 125 of the 150 elected seats and UNIP the remaining 25.
Zambia: Key Facts
| Attribute | Value |
|---|---|
| Area | 752,614 sq. km |
| Capital | Lusaka |
| Population (2005) | Approx. 11.5 million |
| Independence | October 24, 1964 |
| Type | Republic |
Popular articles:
tags: #Zambia
