Zambian Constitution 2016 PDF Download
If you are interested in learning more about Zambia's constitutional framework and its recent amendments, you might want to download and read the Zambian Constitution 2016 PDF. In this article, we will provide you with a brief overview of what is the Zambian Constitution 2016, why it is important, how to download it from various sources, and what are its main features. By reading this article, you will gain a better understanding of Zambia's legal system and its implications for its democracy, governance, human rights, and development.
What is the Zambian Constitution 2016?
The Zambian Constitution 2016 refers to two Acts of Parliament that amended the Constitution of Zambia in 2016. The first amendment was the Constitution of Zambia Act, 2016 (Act No. 1 of 2016), which was assented on 5th January 2016 and changed some provisions of the 1991 Constitution. The second amendment was the Constitution of Zambia (Amendment) Act, 2016 (Act No. 2 of 2016), which was also assented on 5th January 2016 and revised the Bill of Rights to include various types of rights. The two Acts together constitute the Zambian Constitution 2016.
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The Zambian Constitution 2016 was a result of a long and complex process of constitutional review and reform that started in 1991 when Zambia returned to multiparty democracy after decades of one-party rule. Since then, several attempts were made to amend or replace the constitution However, none of them succeeded due to various political, legal, and social challenges. The Zambian Constitution 2016 was the culmination of the efforts of the Technical Committee on Drafting the Zambian Constitution, which was appointed in 2011 by President Michael Sata to draft a new constitution based on the recommendations of previous constitutional review commissions and public consultations. The draft constitution was submitted to President Edgar Lungu in 2014, who decided to adopt it through a piecemeal approach by dividing it into two bills: one for non-contentious issues and one for contentious issues. The first bill was passed by Parliament in 2015 and enacted in 2016, while the second bill was subjected to a referendum in 2016, which failed to meet the required threshold of voter turnout. Therefore, only the first bill became part of the Zambian Constitution 2016.
Why is the Zambian Constitution 2016 important?
The Zambian Constitution 2016 is important because it introduced significant changes and reforms to Zambia's constitutional framework and governance system. The constitutional amendments aimed to address some of the gaps and weaknesses of the previous constitution and to enhance Zambia's democracy, rule of law, human rights, and development. Some of the main objectives and benefits of the constitutional amendments are:
To provide for a more credible and transparent presidential election system by introducing a 50%+1 majority requirement, a presidential running mate, and a presidential petition mechanism
To limit the presidential term to two five-year terms and to prevent a person who has held office twice from being eligible for re-election
To strengthen the separation of powers and checks and balances among the executive, legislature, and judiciary by providing for the impeachment of the president, the dissolution of parliament, the oversight of public officers, and the accountability of judges
To enhance the representation and participation of citizens in governance by providing for proportional representation, mixed-member electoral system, women's representation, youth representation, and independent candidates
To expand and protect the rights and freedoms of citizens by incorporating economic, social and cultural rights, environmental rights, children's rights, women's rights, persons with disabilities' rights, and older persons' rights in the Bill of Rights
To promote local governance and service delivery by providing for a local government system based on devolution, decentralization, and subsidiarity principles
To regulate political parties and ensure their accountability by providing for their registration, funding, disclosure, and representation
To establish constitutional commissions to safeguard constitutional values and principles and to perform various functions such as human rights, electoral management, public service management, gender equality, land administration, police complaints, etc.
Therefore, the Zambian Constitution 2016 is important because it reflects the aspirations and expectations of the Zambian people for a more democratic, accountable, inclusive, responsive, and progressive governance system.
How to download the Zambian Constitution 2016 PDF?
If you want to download and read the Zambian Constitution 2016 PDF, you have several options to choose from. Here are some of the reliable sources where you can access and download the official PDF versions of the Constitution of Zambia Act, 2016 and the Constitution of Zambia (Amendment) Act, 2016:
Option 1: Download from the National Assembly of Zambia website
The National Assembly of Zambia is the Parliament of Zambia that consists of elected members who represent constituencies across the country. The National Assembly is responsible for making laws, overseeing the executive branch, approving budgets, ratifying treaties, and performing other functions. The National Assembly of Zambia website provides access to various parliamentary documents, including the Constitution of Zambia Act, 2016 and the Constitution of Zambia (Amendment) Act, 2016. To download the PDF files from this source, you can follow these steps:
Visit the National Assembly of Zambia website at
Click on the "Legislation" tab on the top menu and select "Acts of Parliament"
Scroll down to find the Constitution of Zambia Act, 2016 and the Constitution of Zambia (Amendment) Act, 2016 in the list of Acts
Click on the "Download" button next to each Act to download the PDF file to your device
The PDF files are also available at the following links:
Option 2: Download from the Comparative Constitutions Project website
The Comparative Constitutions Project is a research initiative that provides constitutional texts and analysis for countries around the world. The project aims to advance the understanding of constitutional design and its consequences for democracy and human rights. The Comparative Constitutions Project website provides access to the Constitution of Zambia Act, 2016 in PDF format. To download the PDF file from this source, you can follow these steps:
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the new republican constitution of the republic of zambia act no.2 of 2016 amendment bill no.17 of 2015 as passed by parliament on december,29,2015 and assented to by the president on january,5,2016. (pdf)
Visit the Comparative Constitutions Project website at
Type "Zambia" in the search box and click on the "Zambia's Constitution of 2016" result
Click on the "Download PDF" button on the top right corner of the page to download the PDF file to your device
The PDF file is also available at the following link:
Option 3: Download from Academia.edu
Academia.edu is a platform for academics to share research papers. It allows users to upload and download papers, follow research interests, and connect with other scholars. Academia.edu provides access to the Constitution of Zambia (Amendment) Act, 2016 in PDF format. To download the PDF file from this source, you can follow these steps:
Visit Academia.edu at
Type "Constitution of Zambia (Amendment) Act, 2016" in the search box and click on the "Search" button
Click on the result titled "Constitution of Zambia (Amendment) Act No.2 of 2016"
Click on the "Download" button on the top right corner of the page to download the PDF file to your device
The PDF file is also available at the following link:
What are the main features of the Zambian Constitution 2016?
The Zambian Constitution 2016 introduced significant changes and reforms to various aspects of Zambia's constitutional framework and governance system. The constitutional amendments covered a wide range of issues, such as citizenship, bill of rights, executive, legislature, judicature, local government, political parties, and commissions. Here are some of the main features of the Zambian Constitution 2016 in each of these areas:
Citizenship
The Zambian Constitution 2016 clarified and expanded the criteria and procedures for acquiring and losing Zambian citizenship. Some of the new provisions on citizenship are:
Citizenship by birth is granted to any person born in Zambia or outside Zambia if at least one parent or grandparent is a citizen of Zambia
Citizenship by descent is granted to any person born outside Zambia if at least one parent is a citizen of Zambia
Citizenship by registration is granted to any person who has been ordinarily resident in Zambia for at least ten years, has attained the age of majority, has adequate knowledge of any official language, and has renounced any other citizenship
Dual citizenship is allowed for any person who acquires the citizenship of another country by birth, descent, marriage, or operation of law
Renunciation of citizenship is possible for any person who wishes to acquire the citizenship of another country and has attained the age of majority
Bill of Rights
The Zambian Constitution 2016 revised and expanded the Bill of Rights to include various types of rights that were not explicitly recognized in the previous constitution. Some of the new provisions on rights are:
Civil and political rights, such as the right to life, liberty, security, privacy, fair trial, freedom of expression, assembly, association, movement, conscience, religion, culture, etc.
Economic, social and cultural rights, such as the right to education, health, food, water, sanitation, housing, social security, work, fair remuneration, etc.
Environmental rights, such as the right to a clean and healthy environment, the right to access environmental information and justice, the right to participate in environmental decision-making, etc.
Children's rights, such as the right to a name and nationality, the right to parental care and protection, the right to education and health care, the right to be protected from abuse and exploitation, etc.
Women's rights, such as the right to equality and non-discrimination in all spheres of life, the right to participate in political and public life, the right to be protected from violence and harmful practices, etc.
Persons with disabilities' rights, such as the right to equality and non-discrimination, the right to accessibility and reasonable accommodation, the right to education and health care, the right to work and social protection, etc.
Older persons' rights, such as the right to dignity and respect, the right to social security and welfare, the right to health care and palliative care, the right to protection from abuse and neglect, etc.
Executive
The Zambian Constitution 2016 reformed and regulated the executive branch of government, which consists of the president, the vice-president, the cabinet, and other public officers. Some of the new provisions on the executive are:
Presidential election is conducted by direct universal suffrage and requires a 50%+1 majority of the valid votes cast. If no candidate obtains such a majority, a second ballot is held between the two candidates with the highest number of votes
Presidential term is limited to two five-year terms and a person who has held office twice is not eligible for re-election. A person who has held office for more than three years of a term is deemed to have served a full term
Presidential running mate is required for every presidential candidate and becomes the vice-president upon election. The vice-president performs the functions assigned by the president or the constitution and assumes the office of president in case of vacancy
Presidential impeachment is possible for violation of the constitution or any other law, gross misconduct, or incapacity. The impeachment process requires a motion supported by at least one-third of the members of parliament, an investigation by a tribunal appointed by the chief justice, and a resolution supported by at least two-thirds of the members of parliament
Cabinet consists of the president, the vice-president, and ministers appointed by the president from among members of parliament or qualified persons. The cabinet is responsible for directing the general policy of the government and coordinating its functions
State functions are performed by the president on behalf of the people of Zambia, such as appointing public officers, conferring honours, declaring war and peace, pardoning offenders, etc.
Legislature
The Zambian Constitution 2016 restructured and empowered the legislature branch of government, which consists of the National Assembly and its members. Some of the new provisions on the legislature are:
Parliamentary composition is determined by a mixed-member electoral system that combines first-past-the-post and proportional representation methods. The National Assembly consists of elected members who represent constituencies, nominated members appointed by the president, and women members elected from the lists of political parties in proportion to their share of the national vote
Parliamentary election is held every five years on the same day as the presidential election. The electoral commission is responsible for conducting and supervising the election and ensuring its fairness and transparency
Parliamentary dissolution is possible by the president at any time after consultation with the speaker of the National Assembly. The dissolution does not affect the office of the president, the vice-president, or the cabinet. A general election must be held within 90 days of the dissolution
Parliamentary oversight is exercised by the National Assembly over the executive branch and other public bodies. The National Assembly has the power to approve budgets, ratify treaties, impeach the president, question ministers, appoint or remove public officers, and conduct inquiries
Parliamentary legislation is made by the National Assembly in accordance with the constitution and the law. The National Assembly has the power to make laws on any matter for the peace, order, and good governance of Zambia. The president has the power to assent or withhold assent to bills passed by the National Assembly
Judicature
The Zambian Constitution 2016 reaffirmed and enhanced the independence and integrity of the judicature branch of government, which consists of the courts and tribunals and their judges and magistrates. Some of the new provisions on the judicature are:
Judicial independence is guaranteed by the constitution and the law. The judicature is subject only to the constitution and the law and not to any person or authority. The judicature administers justice without fear, favour, or prejudice
Judicial appointment is done by the president on the recommendation of the Judicial Service Commission, which is a constitutional body that advises on matters relating to the judiciary. The appointment of judges requires ratification by the National Assembly
Judicial discipline is regulated by the Judicial Complaints Commission, which is a constitutional body that investigates complaints against judges and magistrates. The removal of judges requires a tribunal appointed by the president and the approval of the National Assembly
Judicial accountability is ensured by the constitution and the law. The judicature is accountable to the people of Zambia for the delivery of justice. The judicature is required to publish annual reports on its activities and performance
Local Government
The Zambian Constitution 2016 reformed and strengthened the local government system in Zambia, which consists of provincial and district administrations and councils. Some of the new provisions on local government are:
Local government system is based on the principles of devolution, decentralization, and subsidiarity. The central government devolves legislative and executive powers to the provincial and district levels. The provincial and district administrations and councils exercise their powers and functions autonomously and accountably
Local government election is held every five years on the same day as the general election. The electoral commission is responsible for conducting and supervising the election and ensuring its fairness and transparency. The provincial and district councils consist of elected councillors who represent wards, nominated councillors appointed by the minister responsible for local government, and women councillors elected from the lists of political parties in proportion to their share of the vote
Local government service delivery is enhanced by the constitution and the law. The provincial and district councils have the power to make by-laws, levy taxes, fees, and charges, plan and implement development projects, provide public services, and cooperate with other councils or stakeholders. The central government provides financial and technical support to the local governments
Political Parties
The Zambian Constitution 2016 regulated and monitored the political parties in Zambia, which are associations of persons who share common political goals and ideologies. Some of the new provisions on political parties are:
Political party registration is mandatory for any association that intends to participate in an election or referendum. The registration process requires compliance with the constitution and the law, submission of a constitution, manifesto, code of conduct, membership list, audited accounts, etc., and payment of a prescribed fee
Political party funding is provided by the state and private sources. The state funding is allocated to political parties in proportion to their representation in parliament or local councils. The private funding is subject to disclosure and limits as prescribed by law
Political party accountability is enforced by the constitution and the law. The political parties are required to submit annual reports on their activities, finances, membership, etc., to the registrar of political parties. The political parties are also subject to audit by the auditor-general. The political parties are also subject to sanctions for violating the constitution, the law, or their own code of conduct
Political party representation is promoted by the constitution and the law. The political parties are encouraged to reflect the diversity of the Zambian people in their membership, leadership, and candidates. The political parties are also entitled to participate in various constitutional bodies, such as the electoral commission, the constitutional court, the human rights commission, etc.
Commissions
The Zambian Constitution 2016 established and empowered various constitutional commissions to perform specific functions and safeguard constitutional values and principles. Some of the new provisions on commissions are:
Constitutional commissions are independent and autonomous bodies that are subject only to the constitution and the law. The constitutional commissions are accountable to the people of Zambia through the National Assembly
Constitutional commissions are composed of qualified and competent persons who are appointed by the president on the recommendation of a parliamentary select committee and with the approval of the National Assembly. The constitutional commissions have a chairperson, a vice-chairperson, and other members who serve for a fixed term
Constitutional commissions have various functions and powers as prescribed by the constitution and the law. The constitutional commissions have the power to make rules, regulations, and guidelines, conduct investigations and inquiries, receive complaints and petitions, issue orders and directives, impose sanctions and penalties, etc.
Some of the constitutional commissions that were established or reformed by the Zambian Constitution 2016 are:
The Electoral Commission of Zambia, which is responsible for conducting and supervising elections and referenda in Zambia
The Human Rights Commission, which is responsible for promoting and protecting human rights in Zambia
The Public Service Commission, which is responsible for managing and regulating the public service in Zambia
The Gender Equity and Equality Commission, which is responsible for promoting gender equity and equality in Zambia
The Lands Commission, which is responsible for administering land matters in Zambia
The Police Public Complaints Commission, which is responsible for investigating complaints against police officers in Zambia
The Teaching Service Commission, which is responsible for managing and regulating the teaching service in Zambia
The Judicial Complaints Commission, which is responsible for investigating complaints against judges and magistrates in Zambia
The Anti-Corruption Commission, which is responsible for preventing and combating corruption in Zambia
The Auditor-General, which is responsible for auditing public accounts and reporting to parliament in Zambia
Conclusion
The Zambian Constitution 2016 is a comprehensive and progressive document that reflects the aspirations and expectations of the Zambian people for a more democratic, accountable, inclusive, responsive, and progressive governance system. The constitutional amendments introduced significant changes and reforms to various aspects of Zambia's constitutional framework and governance system, such as citizenship, bill of rights, executive, legislature, judicature, local government, political parties, and commissions. The Zambian Constitution 2016 is important because it aims to address some of the gaps and weaknesses of the previous constitution and to enhance Zambia's democracy, rule of law, human rights, and development.
If you want to download and read the Zambian Constitution 2016 PDF, you have several options to choose from. You can download the PDF files from the National Assembly of Zambia website, the Comparative Constitutions Project website, or Academia.edu. Alternatively, you can use the links provided in this article to access and download the PDF files directly. By downloading and reading the Zambian Constitution 2016 PDF, you will gain a better understanding of Zambia's legal system and its implications for its democracy, governance, human rights, and development.
We hope that this article has been helpful and informative for you. If you have any questions or comments, please feel free to share them with us. Thank you for reading and have a great day!
FAQs
Here are some of the frequently asked questions about the Zambian Constitution 2016 PDF:
Q: When was the Zambian Constitution 2016 enacted?
A: The Zambian Constitution 2016 was enacted on 5th January 2016 by President Edgar Lungu after being passed by Parliament in 2015.
Q: What was the outcome of the referendum on the Bill of Rights in 2016?
A: The referendum on the Bill of Rights in 2016 failed to meet the required threshold of voter turnout. Therefore, only the Constitution of Zambia Act, 2016 became part of the Zambian Constitution 2016.
Q: What is the difference between the Constitution of Zambia Act, 2016 and the Constitution of Zambia (Amendment) Act, 2016?
A: The Constitution of Zambia Act, 2016 amended some provisions of the 1991 Constitution, while the Constitution of Zambia (Amendment) Act, 2016 revised the Bill of Rights to include various types of rights.
Q: What are some of the benefits of the Zambian Constitution 2016?
A: Some of the benefits of the Zambian Constitution 2016 are:
It provides for a more credible and transparent presidential election system
It limits the presidential term to two five-year terms
It strengthens the separation of powers and checks and balances among the executive, legislature, and judiciary
It enhances the representation and participation of citizens in governance
It expands and protects the rights and freedoms of citizens
It promotes local governance and service delivery
It regulates political parties and ensures their accountability
It establishes constitutional commissions to safeguard constitutional values and principles
Q: Where can I find more information about the Zambian Constitution 2016?
A: You can find more information about the Zambian Constitution 2016 from various sources, such as:
The National Assembly of Zambia website at
The Comparative Constitutions Project website at
The Academia.edu website at
The Ministry of Justice website at
The Zambia Law Development Commission website at
The Zambia Legal Information Institute website at
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