Clause 5 of the bill would provide for the amendment of section 106 of the constitution. Bill essentials the constitution amendment bill, 2015 3 background the constitution amendment bill, 20151 was introduced and read for a first time in the house of representatives by hon. Userspublicdocumentsgp jobsconstitution of zambia act 2016. Publish the constitutional amendment bill now, demands bowman. Hichilema has insistently underscored that upnd members of parliament should not support the constitution amendment bill no. This act may be cited as the constitution of zambia amendment act, 2015, and shall be read as one with the constitution of zambia, in thisact referred to as the constitution. Constitution bills go through to next stage in parliament. Bill of rights is not part of the 2016 constitution of zambia amendment act and will be subject to a referendum during the 2016 general elections being held on 11 august 2016. Constitution of zambia amendment act, 2015 5 january 2016 get the latest updates. This act may be cited as the constitution of zambia amendment act, 2016, and shall be read as one with the constitution of zambia, in this act referred to as the constitution. Bill 10 is personal in the sense that it touches on individual rights of the people of zambia.
In 2015, zambia enacted the mines and minerals development act, 2015, the law currently in. Section 26 of the constitution amendment bill proposes to amend article. The government has published the constitution of zambia amendment bill 2015 which will take forward the enactment of specific clauses which are not subject to the referendum. The opposition leader argues that the bill is drenched with unprogressive provisions and that its enactment would threaten zambia s democracy. This constitution is the supreme law of the republic of. Bill number 16 and the constitution of zambia amendment bill number 17 when they came up. Subject to this act, the constitution as amended in act no.
As we await the reconvening of the fourth session of the eleventh national assembly on tuesday june 16 th 2015, we wish to appeal to. History of zambian constitutionpart v zambia daily nation. If bill 10 were to go through and become law, it would fundamentally disturb the personal rights of the citizens of zambia and the way they exercise those rights. Amendment of constitution of zambia act, 1991, and schedule thereto 4. Continuous effect of constitution part ii sovereignty 4. Among other changes, the new document permits dual citizenship and sets a date for the next elections. The public are asked to study and engage their parliamentarians before it makes it way into the house. News government presents the referendum amendment bill to. Constitution of zambia amendment 2016act no 2 as you can see from the title and provisions, this is not a new constitution. Zambia derives over 90% of its export earnings from a single commodity, copper, which has lost about 45% of its value on the international commodity market. Jan 08, 2016 constitution of zambia amendment act, no. The 38th amendment is a private members bill introduced in 2016 with number 35, which had its number changed to 38 in 2019 after being accepted by the government, which was passed in may 2019. Clause 4 of the bill would provide for the amendment of section 542 of the constitution.
Justice minister given lubinda attending the national dialogue forum. Those who wish to have a full text of the northern rhodesia independence conference, 1964 may contact me on the addresses below. Where the national assembly passes the bill with amendments, in accordance with clause 2. On 5 january 2016, lungu successfully concluded longstanding constitutional issues when he assented to the 2015 constitutional amendment bill. Constitution, and to have taken any necessary oath required to be taken under the constitution, unless the president requires any person who continues in office by virtue of this section to take any oath prescribed by the constitution or by an act of parliament. There is a need for pentecostals to push back against this idea that the faith should be.
Jan 05, 2016 the constitution amendment bill will top the activity list this morning when president edgar lungu appends his signature to mark a milestone in the constitution making process in the country. The constitution of zambia was formally adopted in 1991 and amended in 2009 and last amended in 2016 references. The constitution of zambia amendment bill, 2019 has been published as bill 10. The constitution of zambia amendment bill, 2019 memorandum the object of this bill is to amend the constitution of zambia so as to a revise the preamble in order to reaffirm the christian character of zambia. However, they declined to add a bill of rights to the constitution, on the grounds that the constitution itself provided adequate protection from intrusive government as it contained some english bill of rights, including congresss exclusive power to maintain armed forces and, on the federal level, to pass laws and impose taxes. Zctu calls for withdrawal of evil constitution bill by oliver chisenga on august 12, 2019 to say the constitution of zambia amendment bill, 2019 is useless is an understatement. They have been different stories surrounding the future of the constitution, amendment bill number 10, and my guest tonight is patriotic when im a member of parliament doctor agenda, and were discussing the facts as the myths surrounding constitutional bill number 10. Zambia is bigger than all of us, and the constitution is the soul of this country. Be it enacted by parliament in the sixtysixth year of the republic of india as follows. The law forbade the amendment of any part of the constitution without going through a referendum. Next week, we will conclude the series of the zambian constitution with its post independence history from 1964 to 2015. So, it is dangerous to allow this bill to become law, he said on friday evening.
This general notice nullifies general notice 434 of 2016, which was published in the extraordinary gazette on 23rd december, 2016. Government presents the referendum amendment bill to parliament. Act of 1967 to bring it in tandem with the zambian constitution. Constitution of zambia, 1991 an act to provide for a new constitution of the republic of zambia and to repeal the constitution of zambia act, 1973, and the constitution scheduled thereto, and to provide for matters connected with or incidental to the foregoing. The 2019 constitution of zambia amendment bill should be. Covid19 legal resources are available on zambialii here constitutional court decisions. Training manual regulating the zambian construction industry. Amendment of part iii the bill of rights requires, in addition, a majority of people eligible to be voters at a national referendum. The constitution of zambia and constitution of zambia amendment bill 2015 passed the second reading after each was subjected to a vote following a heated debate in the house. Jun 19, 2016 referendum is a waste of time and money 19 june 2016 10. Constitutional amendments do not protect basic rights.
To say that bill 10 has significant problems is an understatement. Twentyseven of these, having been ratified by the requisite number of states 38, since 1959, are part of the constitution. Government amendments 36 and 37 were passed in 2018. The governments 35th bill was rejected at a referendum on 22 may 2015. Just before christmas the government published the constitution of zimbabwe amendment no. Do you agree to the amendment to the constitution to enhance the bill of rights contained in part iii of the constitution of zambia and to repeal and replace article 79 of the constitution of zambia. This complete constitution has been generated from excerpts of texts from the repository of the.
Public service retirement age amendment regulations, 2015. Part 18, chapter 252 of the constitution of zambia amendment bill of 2015 has provided for the setting up of the office of public protector. Zambias constitution of 1991 with amendments through 2016. Only if this is done will zambia have a constitution that fully represents its constituents. Laws of zambia part iii national values, principles and. This act may be cited as the constitution of zambia act, 2015. Constitution of zambia amendment act, 2015 5 january 2016 download pdf constitution of zambia amendment act, 2015 5 january 2016. Zambians have been engaged in drafting a new constitution since the early 2000s. A person who was a citizen of zambia, immediately before the commencement of this constitution, shall continue to be a citizen 5 of zambia and shall retain the same citizenship category from the date the citizenship was acquired.
Constitution of zambia amendment act, 2015 5 january 2016. Jan 01, 2011 a number of commentators have criticised this part of the preamble of the draft constitution and pushed for two alternative options. A new commission, chaired by john mwanakatwe, was appointed in 1993 to draft a constitution. Nevertheless, this footprint is not quite what it promises to be. With the demise of kaunda and the election of fredrick j. Section 2e of the english law extent of application act stipulates that the supreme court practice rules of england in force until 1999 shall be in force in the republic, provided they are subject to the constitution and legislation of zambia. Constitutional court decisions zambia legal information. Zambia and any other written law, customary law and customary practice that is.
Clause 6 of the bill would insert a new section 107a of the. In todays final part of our constitutional history, i will enumerate the events that have taken place regarding the zambian constitution since 1964. The provisions of this bill are to be read in conjunction with amendments in clauses 6 8 of the industrial relations amendment bill, 2015. This act may be cited as the constitution of zambia amendment no. Constitution of zambia 1996 ace electoral knowledge network.
The constitution of zambia amendment bill, 2016 memorandum the object of this bill is to amend the constitution of zambia so as to a revise the bill of rights to include civil, political, economic, social, cultural, environmental, further and special rights. Cabinet creates six new constituencies zambia reports. Amend article 79 to give power to the people during a referendum yali. A brief on the constitutional court of zambia 2 a brief on the constitutional court of zambia the constitutional court is a new court which was established under article 127 of the constitution of zambia amendment act, no. Republican president edgar lungu is still waiting to be presented with the constitution of zambia bill number 16 and the constitution amendment bill number 17 of 2015 passed by read more. Download zambias new constitution as amended elias. Its constitution building history can be divided into post independence and post cold war periods. Hichilemas history on constitutional reform is always. So lets say the constitution in 2015 2016 what you call if you have to. The zambia independence constitution was protected by a referendum clause. Constitution bill expected to be law today zambia reports. Constitution of zambia amendment act, 2015 5 january. Userspublicdocumentsgp jobsconstitution of zambia act.
Constitutional development in zambia can be traced back to the british colonial times, especially from the beginning of the 1950s. Clause 3 of the bill would provide for the act to be construed although it alters the constitution. Last week, zambia enacted a package of amendments to the constitution that has been years in the making among the amendments are a number of significant changes to the presidency. The constitution of zambia amendment bill, 2016 memorandum the object of this bill is to amend the constitution of zambia so as to a revise the bill of rights to include civil, political. The constitution amendment bill, 2015 explanatory note these notes form no part of the bill but are intended only to indicate its general purport this bill seeks to amend the constitution to give the president of the republic of trinidad and tobago the power to appoint.
Chiluba as president, a new attempt was made to get a lasting constitution for zambia. The bill seeks to amend the constitution by inserting a provision for the appointment of justices of the industrial court. Jan 03, 2017 constitution of zimbabwe amendment no. The effect of the constitution of zambia amendment bill no. Jan 17, 2016 last week, zambia enacted a package of amendments to the constitution that has been years in the making.
Constitution amendment bill to be tabled on 19 june. Section 1 short title this act may be cited as the constitution full article. Very soon, it will be presented to the parliament of zambia for debate, consideration, and possible enactment. The question therefore is whether it raises more problems than it solves. Under this item, cabinet approved the recommendation by the electoral commission of zambia to create six new constituencies in order to cater for the six new districts whose boundaries cut across constituency boundaries resulting in those constituencies belonging to more than one district. And president lungu has declared january 5 a half day for civil servants to ensure that they attend the signing ceremony at heroes stadium. In the latest 2019 constitutional amendment bill, for example, there is a clause that gives the president of zambia exclusive powers to divide, dismember or create any province in zambia, including zambia s western province which forms part of barotseland, without any consultation with the people concerned, parliament or any statutory body in zambia. History of zambian constitution zambia daily nation. 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. The university of zambia law association, co school of law, the university of zambia, great east road campus, p. Bank of zambia 1 there is established the bank of zambia which shall be the central bank of the republic article 214. Government of the republic of zambia grzunited nations. Referendum is a waste of time and money zambian watchdog. Mines and minerals bill and related income tax amendment bill tabled in parliament.
Bill to amend constitution to enhance the bill of rights june 2016. If enacted the bill will give the president a free hand in appointing senior judges, namely the chief justice, the deputy chief justice and the judge president of the high court. The constitution of zambia and constitution of zambia amendment bill 2015 passed the second reading after each was subjected to a vote following a heated debate. This constitutional bill was published on 3 january 2017. He says the draft copy of the constitution of zambia amendment bill, 2018 will then be subjected to a team of independent draftspersons and eminent scholars for.
The bills adopted are the draft constitution of zambia amendment bill, 2019, the draft electoral process amendment bill, 2019, and the draft public order bill, 2019. The amendments passed on january 5th stem from a process that started in 2011 under then president michael sata. List of failed amendments to the constitution of ireland. Act, 2015, and shall be read as one with the constitution of zambia, in this act referred to as the constitution. Download pdf constitution of zambia amendment act, 2015 5 january 2016 source.
Covid19 legal resources are available on zambialii here public service retirement age amendment regulations, 2015. The constitution of zambia amendment bill, 2019 bill 10 appears to have some footprints of the pentecostal mindset in so far as the declaration of zambia as a christian nation is concerned. In the last decade, two early presidential elections 2008 and 2015 were instigated by the incumbents death. The forum has sat for a total number of 16 days from the initial ten days that were provided for in the national dialogue act of 2019. Justice minister given lubinda says the constitution of zambia amendment bill will be tabled in parliament on 19th june, 2018. Zambia is rated partly free in freedom of the world 2015, and not free in freedom of the press 2015. Thirtythree amendments to the united states constitution have been proposed by the united states congress and sent to the states for ratification since the constitution was put into operation on march 4, 1789. The constitution of zambia amendment bill of 2019 is the countrys grave digger, university of zambia academic dr. List of amendments to the united states constitution. This is just an act of parliament that has made amendments changes to the 1991 constitution. Jan 09, 2016 here is the amended constitution signed by edgar lungu on january 5, 2016.
Zctu calls for withdrawal of evil constitution bill. Among the amendments are a number of significant changes to the presidency. The constitution of kenya, 2010 amendment bill, 2015 3 the constitution. I will leave aside the relevant question on whether this should be in the constitution and accept that is bound to be there. Errol mc leod, mp, minister of labour and small and micro enterprise. Aug 12, 2015 the government has published the constitution of zambia amendment bill 2015 which will take forward the enactment of specific clauses which are not subject to the referendum.
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