4 of 2021 ('the ECT Act'), the Data Protection Act No. DEMOCRACY IN THE ZAMBIAN POLITY1 John Bwalya Owen B. Sichone Abstract: Despite the important role that intra-party democracy plays in democratic consolidation, particularly in third-wave democracies, it has not received as much attention as inter-party democracy. Zambian people. (4) This Constitution shall bind all persons in the Republic of Zambia and all Legislative, Executive and Judicial organs of the State at all levels. (Statutory Instrument No. in the current form, this law reinforces appropriately the importance that god almighty places on the sanctity of life (hence, genesis 9:6). 1. (1) In thisAct, unless the context otherwise requires— “Constitution” means the Constitution of Zambia, 1991, in force immediately before the effective date; “effective date” means the date of the commencement of thisAct and the Constitution as amended as provided in The good order and stability of our legal system is a paramount consideration in the transitional period following the enactment of the Constitution of Zambia (Amendment) Act No 2 of 2016. Found inside – Page 78In Zambia, for example, those holding ministerial positions have ... useful check of imposing a constitutional limit on the number of Cabinet Ministers and ... we observe further, that the article poses no contradiction to the declaration of zambia as a christian nation, which ideal we have also supported strongly in our submission, for retention. Introduction The Judiciary of Zambia is an independent arm of the government. 3 of 2021 ('the Data Protection . The 1996 Mwanakatwe commission also made a few amendments to the 1991 constitution. Data privacy and protection issues in Zambia are mainly regulated by the Electronic Communications and Transactions Act No. Zambians have been told that, among other nefarious schemes, the Patriotic Front (PF) is promoting Bill 10 in order to amend or altogether repeal Article 52 of the Constitution so . This Article will examine an important - but largely ignored - approach to constitution- making: The use of restored constitutional orders as the basis for the creation of a new constitutional order. Under clause 118 (2) of the Constitution, in exercising judicial authority, the courts shall be guided by the following principles: (a) justice shall be done to all, without discrimination; The government always works according to the Constitution, no law or order of the government can violate the Constitution. Found inside – Page 15In Zambia, for instance, evidence that constitution-making is an important issue appeared in the early 2000s when successive Afrobarometer surveys asked ... The Constitution of Zambia (Amendment) Act, 2016 6. 5. However, the Zambian constitution clearly state that Zambia is a democratic nation and therefore, democratic values and principles are here to be uphold, embraced and respected. 2 of 2016 ("the Amendment Act"). The Constitution of Zambia. It is the country’s main instrument of protecting the rights and freedoms of the individual and since it is placed in the constitution, it cannot be easily amended because of strict … The Zambian constitution establishes the right to gender equality, and recognizes the rights of children to identity, nationality, education and legal protection. At the forefront of Zambia's economy is its ability to mine for great natural resources such as emeralds, aquamarines, amethyst and tourmalines (Dickovick, 2008, p. 320). The Three Powers: Legislature, Executive, Judiciary. Found insideA 50 Year History of Zambia's Relationship with Foreign Capital Stuart John ... the importance of such an anchoring ideology or national philosophy in ... By Yash Pal Ghai. References. Found inside – Page 325These provisions were condemned very firmly by all of the most important churches ( Christian Council of Zambia , Zambia Episcopal Conference , Evangelical ... Found inside – Page 139Of particular importance in this regard , are provisions relating to the amendment of the ... Under the 1973 Zambian Constitution the practice was changed ... Zambia is undergoing a protracted process of constitutional reform which began two decades ago. The constitution therefore is a very important tool that helps prevent human rights abuse. Found inside – Page 1996Amendments in 1996 to the Zambian Constitution required those standing for president ... is violated.64 The importance of this statement has been noted: the ... The constitution forms the basic structure of any government: The constitution of any country is important because of the fact that it lays down all the legal and cultural aspects under which its people and the governmental bodies will be governed and that too when there are foreign interactions in the personal affairs every now and then by international organizations. important task of studying the Michigan constitution of 1908 and probably, after due deliberation, proposing a revised constitution for submission to the state’s electors. Plato and Aristotle came up with the doctrine. THE ZAMBIAN BILL OF RIGHTS. Found inside – Page 46It is common knowledge that the Zambian people have always made recommendations to all Constitutional Review Commissions on important constitutional matters ... Prior to Amendment Act coming into force, all Constitutional matters were dealt with primarily by the High Court of Zambia, with the possibility of such matters being taken to the Supreme Court on . However, this 1991 constitution has undergone at least two major revisions, the first one was in 1996 and the second one being this year in 2016. The Three Powers: Legislature, Executive, Judiciary. Found insideTo take one example: the 1996 Constitution of Zambia has a very full ... there is perhaps some merit in underlining the importance of freedom of the press. values, principles, and bases of state policy will be justiciable or not. Found inside – Page 158Some of these institutions like the Constitutional Court which is in this case ... the Commission for Investigations, the Electoral Commission of Zambia and ... (1) Zambia is a unitary, indivisible, multi-party and democratic sovereign State. Checks and balances (rights of mutual control and influence) make sure that the three powers interact in an equitable and balanced way. The Bill of Rights is subject to be incorporated in the New Zambian Constitution upon a Referendum on August 11th, 2016. The Constitutional Court was established under Article 127 of the Constitution of Zambia (Amendment) Act, No. Found inside – Page 113... the importance of this increase in local patronage . Zambia Daily Mail , 2 May 1981 ; Times of Zambia , 28 Apr. 1981 . 141 U.N.I.P. Constitution ... 6. Found inside – Page 8Catholic Bishops of Zambia. consultation , we will make recommendations about other important issues in presentations to the appropriate constitutional ... 3. Zambian Constitution. The separation of powers is an essential element of the Rule of Law, and is enshrined in the Constitution. Human rights in Zambia are addressed in the constitution.However, the Country Report on Human Rights Practices in Zambia for 2012 by the United States Department of State noted that in general, the government's human rights record remained poor. Found insideConstitutional Idolatry and Democracy investigates the increasingly important subject of constitutional idolatry and its effects on democracy. 1. It is a viable instrument of democratisation. Opposition Forum for Democracy and development FDD leader Edith Nawakwi says the constitution is of paramount importance to the nation as it is the starting point of development in any country and. Few constitutions place so much importance on values and principles as Kenya's. The reason is that our Constitution is about nation building - to promote national unity and . Most of the time and energy spent by the delegates will be devoted to the treatment of specific areas and problems involved in restating the state’s organic law. Section 165 says the judicial authority of South Africa is vested in the courts, which are independent and subject only to the Constitution and the law. The long list of essential services and a long series of procedural requirements actually frustrate the right to strike. 2. Article 12 formally recognizes the important role that the Civil Society plays in the promotion and the protection of the Bill of Rights. At issue here is what Parliament passed in 2015. The Constitution of Zambia Act 1991, . 2 of 2016 How can societies still grappling over the common values and shared vision of their state draft a democratic constitution? This is the central puzzle of Making Constitutions in Deeply Divided Societies. Found inside – Page 136constitution has been crafted with a view to benefiting certain ... The Mung'omba Draft Constitution was also aware of the importance of ensuring a minimum ... The Constitution of Zambia makes provision for constitutional supremacy. The Constitution places the government’s power in the hands of its citizens, noting which matters are to be decided by the federal government and which matters are left to the states to decide. But civil society groups argue the changes will effectively increase presidential and ruling party . What is a constitution? 8. ); citizenship and franchise; state ideology, values or objectives. For example the draft constitution now states that propaganda against Christianity is not protected speech. Local Government of Zambia. Found inside – Page 259I argue further that the manner the drafters of the Zambian Constitution 152 have framed norms on the chieftaincy reveals the significance attached to the ... The citizenship of Zambia Act, 2016 3. Figure 2.1. Constitution-making processes are a central aspect of democratic transitions, peacebuilding and state-building. Found insideRoyal assent, 9th November 1998 35 of 2016, the referendum act laws, Volume2. Found inside – Page 1027In partnership with Zambia , the United States invests extensively in health ... for rule of law and the liberties guaranteed by Zambia's Constitution . Through the establishment of democratic principles and institutions, a constitution provides peaceful means of solving social conflicts instead of resorting to violence or armed conflict. 2016) Page 2 This is how some detractors in the Zambian media have described the Zambian National Constitutional Conference (NCC), the body charged with the important task of rewriting the Zambian Constitution. "This publication is designed to assist United Nations staff who provide human rights advice to States, which undertake to amend an existing constitution or write a new one. The Constitution places the government's power in the hands of its citizens, noting which matters are to be decided by the federal government and . Found insideconstitutions. The. case. of. Zambia. Boniface. Cheembe. Introduction ... new constitution and the amendment of an existing one is of particular importance. 4 Helene Lindström and Ida Salomonson, Juvenile justice in Zambia-An Evaluation of the three pilot projects , 2005. Found inside – Page 313Phiri (2008:123) concludes that “Zambian civil society's successful opposition to Chiluba's 'third-termism' will be of great importance to politics ... The Constitution of Zambia (Amendment) Act, 2016 5. employees in their day to day interactions. Two traits of intra-party . (4) This Constitution shall bind all persons in the Republic of Zambia and all Legislative, Executive and Judicial organs of the State at all levels. (5) 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 or under an Act of Parliament. Article 3. In accordance with the Zambian Constitution, the worker has the right to go on a lawful strike. The Zambian constitution establishes the right to gender equality, and recognizes the rights of children to identity, nationality, education and legal protection. The Constitution of Zambia (Amendment) Act No. 2 of 2016 which was assented to by the President on 5th January 2016 is the one that has been used to interpret matters of gratuity beyond the aforementioned date. 2. Know the Applicable Terms and Conditions A lot of time many people ask the questions that: (i). Who should get gratuity; (ii). Constitution of Zambia This page was last edited on 15 January 2021, at 20:36 (UTC). Actually, the current constitution in force in Zambia is the 1991 constitution. Constitution of Zambia, 1991 Preamble We, the people of Zambia, by our representatives assembled in our Parliament, having solemnly resolved to constitute Zambia into a Sovereign Democratic Republic; In Pursuance Full Article…. 2. The Judiciary of Zambia is an independent arm of the government. The procedure for amending the current Zambian Constitution (The Constitution to be replaced) is set out in Article 79 of the Constitution of Zambia Act no. "The Bill of Rights is fundamental to Zambia's democracy and guarantees the human respect and dignity of all citizens," Mr Chipenzi said. A popular body could come up with a draft constitution that would be enacted by parliament and then be (partly) presented to Zambian citizens in a referendum. The Zambian government is trying to push a bill through parliament to change the constitution. Employment Law in Zambia: Cases and Materials, Revised Edition. The Constitution is important because it established the fundamental laws and principles that govern the United States of America, and outlined the individual liberties guaranteed to its citizens. [ 5th January, 2016 ENACTED by the Parliament of Zambia. It is the most important document from which the rights and duties of either of them can be determined.1 1 Dr. Mwenda, W. S. 2011. c) Trade Union Registration It has been noted that the 1971 legislation provided for automatic affiliation to the ZCTU by registration. Except as provided under this Act, the Constitution of Zambia Act, 1991, and the Constitution in the Schedule to that Act are amended in so far as they form part of the laws of Zambia. It is the country's main instrument of protecting the rights and freedoms of the individual and since it is placed in the constitution, it cannot be easily . The purpose of this application is to act as a “Human Rights Defender” as per United Nations Human Rights Commission (UNHRC) holistic definition. Indispensable for Administration: Constitution is indispensable f administration of state. Zambia gained independence in 1964 after which it became a republic under the 1964 constitution. However, unlike the 1996 constitution, in this draft "Christianity" is sneaked into the main body of the constitution, even into the bill of rights. The current Zambian constitution clearly states that similar provisions are not justiciable. Any act passed by Parliament that is inconsistent with the provisions of the Constitution is considered invalid. THE manner in which a constitution is finally adopted is crucial in determining its legitimacy, popularity and acceptability. Constitution of Zambia This page was last edited on 15 January 2021, at 20:36 (UTC). It is important first to establish the legal status of parliamentary rules. Parliamentary rules are made under the authority of the Constitution. The Zambian constitution in article 86 provides that” “ Subject to the provisions of this constitution, the National Assembly may determine its own procedure.” "The Government of Japan regards democratization and good governance in Zambia as an extremely important factor for her future security and prosperity . On the 15 th of January 2014 the Zambian Watchdog and Lusaka Times released a 'leaked' copy of the final draft constitution which was reportedly handed to President Sata.. One of President Sata's promises in the run-up to his election in 2011 was the adoption of a new Constitution. The Constitution of Zambia was formally adopted in 1991 and amended in 2009 and last amended in 2016. This is very important for every nation because it helps keep nations on the right track. Article 1(3) specifically states that '[t]his 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'. THE Constitution Amendment Bill 2019, also known as Bill no.10, has become an emotive issue with some sections of society advocating for … Found inside – Page 268For some time now , politicians who profess to endorse the ideology of Zambian Humanism have been openly canvassing an amendment to the constitution which ... Found insideThe Christian Nation Declaration and the New Zambian Constitution In 1996, the preamble ... of the country is a national document of the highest importance. The draft constitution retains dictatorial presidential powers as contained in the 1996 constitution and as a matter of fact expands on them. The constitution therefore is a very important tool that helps prevent human rights abuse. A reading of Articles 1, 120, 133 and 136 of the Constitution with section 3 of the High Court Act and section 6 of the Constitution clearly shows that the Amendment of Constitution of Zambia Act, 1991, and Schedule thereto. The Constitution of Zambia (Amendment) Act No. This work challenges assumptions, and points to the issues that need to be addressed by political parties, before democracy can become a reality. SUPREMACY OF THE CONSTITUTION OVER THE PUBLIC ORDER ACT AND THE NEED TO AMEND IT - AN EDITORIAL. It is the supreme law of the land, and it May 2021 INTRODUCTION Zambia has enacted various pieces of legislation that provide for a safe, secure, and effective environment for the conduct and use of electronic communications. 2. 2016) Page 2 The aforementioned rights will benefit the Zambian citizens as they will be contained in the constitution hence there rights will be protected that's the more reason that am encouraging to vote yes in the referendum. Since independence . Zambia’s Constitutional Review Process Has Thwarted Meaningful Public Participation. This particular entity is the embodiment of sovereignty in that society. THE CONSTITUTION OF ZAMBIA ACT. While the amended Constitution, which has won accolades from a cross-section of society for its magnanimous inclusion of clauses such as the presidential running mate, the 50 per cent-plus-one vote and the dual citizenship, other contentious issues such as the Bill of Rights were not included as they are to be decided upon in a referendum before they become part of the Constitution. An Act to amend the Constitution of Zambia. Article 79 of the old Zambian constitution provides for the procedures of making amendments, modifications or re-enactment of the constitution, Article 79 and in particular clause (3) of the article states that for any changes to be made to the bill of rights, it has to be subjected to a national referendum, this is the reason why the Bill of Rights has not been enhanced for a very long … External links. The mishandling of the Constitution is President Lungu’s legacy permanently etched in the annals of our Zambian legal history; this bleach will never be cleansed, no … An article in Voices from the Field on 29 January 2016 offers a detailed analysis of the constitution making process in Zambia to date. The constitution is an embodiment: Constitution is a written instrument which serves as the embodiment of the rules of a political or social organization. The constitution protects persons, including children, from slavery and servitude, torture or inhuman are degrading punishment and guarantees young persons from all forms of exploitation, neglect, trafficking or cruelty. ZAMBIA 333 The separation of powers is an essential element of the Rule of Law, and is enshrined in the Constitution. The declaration of Zambia as a Christian nation is from the 1996 constitution. They provide further definition to the articles of the constitution and can be Although it appears that the latest attempt … Describe the four types of constitutions. 4. 5 The Juvenile Act, Cap 53, Part I, Section 2(1). 1. The Constitution of Zambia contains a number of important provisions in Part III, ‘Protection of fundamental rights and freedoms of the individual’, which directly protect the media, including publishers, broadcasters, journalists, editors and Except as provided under this Act, the Constitution of Zambia Act, 1991, and the Constitution in the Schedule to that Act are amended in so far as they form part of the laws of Zambia. Bylaws set forth in detail the procedures your group must follow to conduct business in an orderly manner. The referendum was held and although 71% of voters voted in favour of the amendments, since the turnout was only 44%, below the 50% threshold required to validate the result, the amended Bill of Rights … Under the leadership of Kenneth Kaunda (1964-1991), Zambia became a one-party state after the introduction of the 1973 constitution. 1" " AS#TEDIOUS#AS#ATWICE,TOLD#TALE:#THE#STRUGGLE#FORALEGITIMATE#AND#DEMOCRATIC# CONSTITUTION#IN#ZAMBIA# (2012)# MunaNdulo"(Cornell"University"Law"School)" Based on the Zambian polity, this article uses the concept of selectocracy to (3) This Constitution is the supreme law of Zambia and if any other law is inconsistent with this Found inside – Page 69Nutrition Association of Zambia (NAZ): NAZ is a voluntary professional ... for research and training on issues of importance to public health in Zambia. Analysis - From January 5, 2016 when President Edgar Lungu signed the amended Constitution, people have been digesting this important piece of legislation, which is the 'Bible' of the land. Found inside – Page 288... Rhodesian exports: to Zaire, 126-27, 180; to Zambia, 123-24 Commonwealth, ... xii, 21, 167-71, 244, 250; importance: for foreign trade promotion, 141, ... 2. Right to strike is provided under the constitution and it is regulated under the Industrial and Labour Relations Act. Zambian people. Contains the National goals: The constitution also contains the list of the national goals. External links. Found inside – Page 22Under the Zambian one - party system the role of the party ( its organs and ... the issues involved in the case were of immense constitutional importance to ... The Zambian government seeks to promote agriculture as a way to diversify the economy away from an overreliance on copper. 256 . Reasons why is the constitution important: These points will help you to get to the answer to your question which was why is the Constitution important. The change in times has seen the doctrine of separation of powers take form in different ways. Keeping to this promise, President Sata appointed a Technical Committee to draft a new Constitution on 16 . And . The constitution even contains information on how a citizen can go about fighting for his or her human rights. Join today to chat and meet Zambians across the world in our online community and stay connected with everything related to Zambia. Act, 1890; The Constitution of Zambia Act, 1973; The Constitution of Zambia Act, 1991, and The Constitution of Zambia (Amendment) Act, 1996, which, even though it did not repeal the whole of the 1991 Constitution, introduced such significant changes as to render the resulting document a new Constitution. [ 5th January, 2016 ENACTED by the Parliament of Zambia. An Act to provide for the new Constitution of the Republic of Zambia; to provide for the savings and transitional provisions of existing offices, institutions and laws; to provide for the savings of succession to property and assets, rights and liabilities, obligations and legal proceedings; and to provide for matters connected with or incidental to the foregoing. Text is available under the Creative Commons Attribution-ShareAlike License . Analysis - From January 5, 2016 when President Edgar Lungu signed the amended Constitution, people have been digesting this important piece of legislation, which is the 'Bible' of the land. The constitution protects persons, including children, from slavery and servitude, torture or inhuman are degrading punishment and guarantees young persons from all forms of . This article is important as it provides political space for the Civil Society to be equal partners in the social economic development of the country. 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