Constitution of Zambia (Amendment) [No. 2 of 2016 9

An Act to amend the Constitution of Zambia.[ 5th January, 2016

ENACTED by the Parliament of Zambia.1. This Act may be cited as the Constitution of Zambia

(Amendment) Act, 2016, and shall be read as one with theConstitution of Zambia, in this Act referred to as the Constitution.

2. The Constitution is amended by the repeal of the Preambleand the substitution therefor of the following:

PREAMBLEWE, THE PEOPLE OF ZAMBIA:

ACKNOWLEDGE the supremacy of God Almighty;

DECLARE the Republic a Christian Nation while upholding apersons right to freedom of conscience, belief or religion;

UPHOLD the human rights and fundamental freedoms of everyperson;

COMMIT ourselves to upholding the principles of democracy andgood governance;

RESOLVE to ensure that our values relating to family, morality,patriotism and justice are maintained and all functions of the Stateare performed in our common interest;

CONFIRM the equal worth of women and men and their right tofreely participate in, determine and build a sustainable political, legal,economic and social order;

Enactment

Short title

Cap. 1

Repeal andreplacementof Preamble

GOVERNMENT OF ZAMBIA

ACTNo. 2 of 2016

Date of Assent: 5th January, 2016

Single copies of this Act may be obtained from the Government Printer P.O. Box 30136, 10101 Lusaka. Price K220.00

RECOGNISE AND UPHOLD the multi-ethnic, multi-racial, multi-religiousand multi-cultural character of our Nation and our right to manageour affairs and resources sustainably in a devolved system ofgovernance;

RESOLVE that Zambia shall remain a unitary, multi-party anddemocratic sovereign State;

RECOGNISE AND HONOUR the freedom fighters who fought for theindependence of our Nation in order to achieve liberty, justiceand unity for the people of Zambia;

AND DIRECT that all State organs and State institutions abide byand respect our sovereign will;

DO HEREBY SOLEMNLY ADOPT AND GIVE TO OURSELVES THISCONSTITUTION:

3. The Constitution is amended by the repeal of Parts I and IIand the substitution therefor of the following Parts:

PART ISUPREMACY OF CONSTITUTION

1. (1) This Constitution is the supreme law of the Republic ofZambia and any other written law, customary law and customarypractice that is inconsistent with its provisions is void to the extentof the inconsistency.

(2) An act or omission that contravenes this Constitution isillegal.

(3) This Constitution shall bind all persons in Zambia, Stateorgans and State institutions.

(4) The validity or legality of this Constitution is not subject tochallenge by or before a State organ or other forum.

(5) A matter relating to this Constitution shall be heard by theConstitutional Court.

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.3. The operation of this Constitution shall not be affected by

an unlawful act to overthrow, suspend or illegally abrogate itsprovisions.

Repeal andreplacementof Parts Iand II

SupremacyofConstitution

10 No. 2 of 2016] Constitution of Zambia (Amendment)

Defence ofConstitution

Continuouseffect ofConstitution

4. (1) Zambia is a sovereign Republic under a constitutionalform of governance.

(2) The Republic consists of the territory defined in an Act ofParliament.

(3) The Republic is a unitary, indivisible, multi-ethnic, multi-racial,multi-religious, multi-cultural and multi-party democratic State.

(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 cedingthe Republic.

5. (1) Sovereign authority vests in the people of Zambia, whichmay be exercised directly or through elected or appointedrepresentatives or institutions.

(2) Power that is not conferred by or under this Constitution onany State organ, State institution, State officer, Constitutional officeholder or other institution or person is reserved for the people.

(3) The people of Zambia shall exercise their reserved powerthrough a referendum, as prescribed.

6. (1) The national symbols of the Republic are the

(a) National Flag;

(b) National Anthem;

(c) Coat of Arms;

(d) Public Seal; and

(e) National Motto.

(2) The form, words, description and use of the national symbolsshall be as prescribed.

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 thisConstitution; and

(e) the laws and statutes which apply or extend to Zambia,as prescribed.

Constitution of Zambia (Amendment) [No. 2 of 2016 11

Republic ofZambia

Sovereignauthority

Nationalsymbols

Laws ofZambia

PART II

NATIONAL VALUES, PRINCIPLES AND ECONOMIC POLICIES

8. The national values and principles are(a) morality and ethics;(b) patriotism and national unity;(c) democracy and constitutionalism;(d) human dignity, equity, social justice, equality and non-

discrimination;

(e) good governance and integrity; and(f) sustainable development.

9. (1) The national values and principles shall apply to the (a) interpretation of this Constitution;(b) enactment and interpretation of the law; and(c) development and implementation of State policy.

(2) The President shall, once in every year, report to the NationalAssembly the progress made in the application of the values andprinciples specified under this Part.

10. (1) The Government shall create an economic environmentwhich encourages individual initiative and self-reliance among thepeople, so as to promote investment, employment and wealth.

(2) The Government shall promote the economic empowermentof citizens so that they contribute to sustainable economic growthand social development.

(3) The Government shall promote local and foreign investmentand protect and guarantee such investment through agreementswith investors and other countries.

(4) The Government shall not compulsorily acquire an investment,except under customary international law and subject to Article 16(1).

(5) Where the investment compulsorily acquired under clause(4) was made from the proceeds of crime no compensation shallbe paid by the Government.

4. The Constitution is amended by the repeal of Part IV andthe substitution therefor of the following Part:

12 No. 2 of 2016] Constitution of Zambia (Amendment)

Nationalvalues andprinciples

Applicationof nationalvalues andprinciples

Basis ofeconomicpolicies

Repeal andreplacementof Part IV

PART IV

CITIZENSHIP

33. A person who was a citizen of Zambia, immediately beforethe commencement of this Constitution, shall continue to be a citizenof Zambia and shall retain the same citizenship category from thedate the citizenship was acquired.

34. Citizenship may be acquired by birth, descent, registrationor adoption in accordance with this Part.

35. (1) A person born in Zambia is a citizen by birth if, at thedate of that persons birth, at least one parent of that person is orwas a citizen.

(2) A child found in Zambia who is, or appears to be, of notmore than eight years of age and whose nationality and parentsare 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 deemedto have been born in the country of registration of theship or aircraft; or

(b) an unregistered ship or aircraft of a country, shall bedeemed to have been born in that country.

36. A person born outside Zambia is a citizen by descent if, atthe date of that persons birth, at least one parent of that person isor was a citizen by birth or descent.

37. (1) Subject to clause (2), a person is entitled to apply tothe Citizenship Board of Zambia to be registered as a citizen if thatperson has attained the age of eighteen years and

(a) was born in Zambia and has been ordinarily resident inZambia for a period of at least five years;

(b) was born outside Zambia, has or had an ancestor who is,or was, a citizen and has been ordinarily resident inZambia for a period of at least five years; or

(c) has been ordinarily resident in Zambia for a continuousperiod of at least ten years;

immediately preceding that persons application for registration, asprescribed.

Constitution of Zambia (Amendment) [No. 2 of 2016 13

Existingcitizenship

Categoriesof citizenship

Citizenshipby birth

Citizenshipby descent

Citizenshipbyregistration

(2) Notwithstanding clause (1), a person who is, or was marriedto a citizen, for a period of at least five years, is entitled to apply tothe Citizenship Board of Zambia, to be registered as a citizen, asprescribed.

38. A child who is not a citizen and who is adopted by a citizenshall be a citizen on the date of the adoption.

39. (1) A citizen shall not lose citizenship by acquiring thecitizenship of another country.

(2) A citizen who ceased to be a citizen, before thecommencement of this Constitution as a result of acquiring thecitizenship of another country, shall be entitled to apply, asprescribed, to the Citizenship Board of Zambia, for citizenship andthe Citizenship Board of Zambia shall bestow citizenship on thatperson.

40. (1) A citizen(a) may renounce citizenship as prescribed; or(b) shall be