They shall also draft the constitution of zambia bill to set the commencement date for the new. The constitution of zambia act, 1991 and the constitution in the schedule to that act, are repealed in so far as they form part of the laws of zambia. Sreya maitra democratisation, in contemporary politics has been considered a sinequanon of political maturity and modernisation. My dissertation advice to law students december 29, 2019 the nakachinda parliamentary committee report on bill 10 december 3, 2019. The times of zambia in a front page headline feature reported that there was an elections plot sponsored by two western countries who had offered huge sums of money as rewards to established. Nationalization of the zambian mining industry springerlink. An act to provide for the printing and publication of the amended constitution. About the zambian editor im the curator of all things on the zambian.
This is for reasons of legitimacy, transparency, accountability, and regulation of the process. However, the process of democratisation involves not just the transition to democracy but also its subsequent consolidation. Sports minister gabriel namulambe has maintained governments position on the constitution making process saying there will be no shortcuts. The overall conclusion is that while the media operate in a tangled web of regulatory restrictions, there is. Preparation and adoption by parliament within 90 days of a statutory framework legislation to govern the new constitution making process. This has resulted in governments pursuing constitutionmaking processes that, despite involving public participation, do not involve. This development reinforced presidential rule in zambia as the president became the key player on the political scene.
This situation report focuses on the challenges of zambia s constitution making exercise and recommends how the process can be managed to enhance its. Constitution of zambia this zambiarelated article is a stub. Constitution making and the right to take part in a public. Zambian leader edgar lungu signed into law constitutional changes setting new rules for general elections on aug.
This peaceful transition raised expectations of a smooth process towards democratic consolidation. Zambia social science journal volume 2 number 1volume 2, number 1 may 2011 article 3 512011 judicial reform, constitutionalism and the rule of law in zambia. Subject to this act, the constitution shall come into operation on the date of assent by the president. The national constitutional conference ncc the official body tasked with driving the reform process and rewriting the.
Constitution of zambia, constitution of zambia 1996, constitution of zambia 1996 act, zambian constitution, zambian constitution 1996, zambian constitution 1996 act. Constitutionmaking and reform constitution making for peace. In the third section, the report offers an overview of the current constitutionmaking process 2011 to 20, highlighting recognised strengths and weaknesses. Subject united party for national development zambia platforms. Covid19 and the performances for the camera in zambia april 8, 2020 writing to pass. Despite its relatively young existence zambia has attempted four times to amend her constitution. Mission press, 2004 constitutional amendments 82 pages. An overview of the politics of constitutionmaking it is also to be noted trat in the modern constitutionmaking process, there is.
Managing electoral conflicts in zambia written by peter tendaiwo maregere and brenda mofya zambia has held three multiparty elections since the restoration of multiparty democracy in 1991. The final draft constitution, as leaked, has taken a position on some of the debates which raged during the constitution making process. The first provides a brief historical background to zambias constitution making phases. Improving the process of constitutionmaking and constitutional assistance is critical. The grand coalition gc has noted with sadness the manoeuvres by the pf government to adulterate the contents of the constitution bill by removing certain clauses which include but are not limited to the following. Independence constitution, to the on going constitution making process. This has resulted in governments pursuing constitutionmaking processes that, despite involving public participation, do not involve meaningful public participation.
The constitution of zambia was formally adopted in 1991 and amended in 2009 and last amended in 2016. This paper examines the role played by the people in the constitution making process in tanzania. It came into force through the zambia independence act of 1964. Later on we look at the process of constitution making after independence. In todays final part of our constitutional history, i will enumerate the events that have taken place regarding the zambian constitution since 1964. Ndulo, who is professor at cornell university, said if there was a legal framework there could have been no prolonged and misguided debate on what to do with the draft constitution that government has refused to give to the zambian people. The making or remaking of a constitution is of particular significance in divided and conflicted societies, where the process frequently is part of peacemaking and nationbuilding. Cooperative societies act national assembly of zambia. That the mixed member proportional representation mmp electoral system which is a combination of the first past the post fptp. Mainza mathias chona 21 january 1930 11 december 2001 was a zambian politician and diplomat who served as vice president of zambia from 1970 to 1973 and prime minister on two occasions. In chapter four, the making of the current constitution of south africa is duscussed and analysed. Not surprisingly, the document proclaims zambia a christian nation, but qualifies this by upholding a persons right to freedom of conscience, belief or religion. Other topics submitted by stephaniemusenge words 14344 pages 58.
The term constitution has been defined by many scholars, one such scholar defines a constitution as, a document having a special legal sanctity which sets out the framework and principal functions of the organs of government with the. In 1970, loans amounted to k27 million and credit facilities had been negotiated against overseas equipment purchases and cost amounting to k35 million and overseas acceptance credit facilities amounted to kl8. From 1890 to 1911, northeastern and northwestern rhodesia had five promulgation. Zambia is a landlocked country located in southern africa. 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. Download zambias new constitution as amended elias. Neighboring countries include angola, the democratic republic of the congo, malawi, mozambique, namibia, tanzania, and zimbabwe. Discussion on mode of constitution adoption thrown out.
Judicial reform, constitutionalism and the rule of law in. Zambia which was a british colony from 1890 have had many constitution changes. Though zambias wealth has not yet been fully exploited, her efforts to expand have depended largely on negotiation of foreign loans. The republic of zambia, formerly the british protectorate of northern.
The zambian case offers an interesting example of an attempt to stabilize. Critical notes on the legal system of zambia pambazuka news. Stages through which a bill passes to become law, zambia. Livingstone, zambia april 27, 2012 judicial reform, constitutionalism, and the rule of law in zambia.
Struggle for a legitimate and democratic constitution in zambia. Publication date 2001 title variation party constitution and manifesto. The work begins by examining the struggle for independence and the movement towards the very first constitution of the country the independence constitution of 1961. In the third section, the report offers an overview of the cur. Constitution of zambia preamble as amended by act no. Constitution of zambia 1996 ace electoral knowledge. The main findings of the study are, firstly, that the failure by zambia to achieve a. These procedures are partly related to the different historical scenarios and substantive material factors that give rise to econstitutions. View constitution making process in zimbabwe research papers on academia. Constitutional making process in zambia term paper. Despite evident disparities in the constitution making process thus far, the participation of youths in particular is very much imperative for an attempt at democratizing the country.
Zambias constitution making process addressing the. Most crucial judicial decisions, especially those that affect political liberties, still follow the colonial precedents. The zambia independence constitution was protected by a referendum clause. The technical committee on drafting the zambia constitution has reiterated that its not within its mandate to discuss the mode of adopting the new zambian constitution which will be formulated. The making of a new constitution in zambia will require a legitimate, transparent, and agreed statutory framework setting out the process, principles, mechanisms, accountability and timelines. United party for national development zambia subjects. This article considers the procedural and resulting legitimacy issues of constitutionmaking and fundamental constitutional amendment.
For the zambian lgbt community the most recent efforts to make a credible, durable and legitimate constitution, have in fact dealt the community a severe blow. History of zambian constitutionpart v zambia daily nation. The second is a discussion on the triggers of constitutionmaking in zambia since independence in 1964. Zambia at the date of his birth if on that date at least one of his parents is a citizen of zambia. Request mutanga, mp, zambia commonwealth parliamentary. Politically and constitutionally, zambia achieved a first in 1964 by becoming the first country in anglophone subsahara africa, to attain independence as a republic within the british commonwealth. It still is a company state, based on copper rents. Chapter three examines and analyses the constitutional development process in zambia from the precolonial period to the current time. Constitution of zambia, 1996 by the zambian for zambia. United states based law professor muna ndulo says the zambian constitution making process has suffered because of lack of a legal framework.
Zambia has experienced constitutional instability since independence. Chapter two analyses the origins and nature of government and constitution. Zambias active civil society sector has engaged with the international community to support their positions, making international assistance highly political. Thirdly, the paper outlines the normative roles that the media can play in zambia. Constitution making process in zimbabwe research papers.
Adopting such a constitution is expected to have dire implications for the countrys security and political stability, particularly in the context of the next general elections in 2016. Prof ndulo attributes constitution failure to legal. The term constitution has been defined by many scholars, one such scholar defines a constitution as, a document having a special legal sanctity which sets out the framework and principal functions of the organs of government with the state, and declares the principals by which those organs must operate. In a highly remotecontrolled process by the kaunda administration, a new constitution which abolished multipartism and declared unip the only party recognised by law, was passed in 1973. It considers only those political and economic factors which contribute to specific constitutionmaking features. The constitution of zambia act, 1996 by the zambian for. As shall be illustrated in this study, this is the dilemma faced in zambia. From a justice system to a just system by muna ndulo professor of law, cornell law school and director of cornell universitys institute for african development i would like to thank the law association of zambia laz for inviting me to be. Donors who have pledged assistance to the constitution building process include undef, undp, usaid, the netherlands and sweden. In 1911 northern western and eastern rhodesia were amalgamated into northern under.
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