DRAFT RESOLUTIONS OF THE NATIONAL CONVENTION
PREAMBLE
A.
PARAGRAPHS OF THE PREAMBLE RETAINED WITHOUT AMENDMENTS
The Convention resolved to adopt the following
paragraphs of the Preamble without amendments:
(i)
First paragraph
on ACKNOWLEDGE the supremacy of God Almighty;
(ii)
Third paragraph
on UPHOLD …;
(iii)
Fourth paragraph
on COMMIT …;
(iv)
Fifth paragraph
on RESOLVE …;
(v)
Sixth paragraph
on CONFIRM …;
(vi)
Seventh paragraph
on RECOGNISE AND UPHOLD …; and
(vii)
Ninth paragraph
on AND DIRECT …
B.
PARAGRAPHS OF THE PREAMBLE ADOPTED WITH AMENDMENTS
The Convention resolved to adopt the following
paragraphs of the Preamble with the amendments as follows:
(i)
Second
paragraph DECLARING the Republic as a Christian Nation by substituting the
words “but uphold” with words “while upholding”; and
(ii)
Eighth
paragraph on RESOLVING that Zambia shall remain a free, unitary, indivisible,
multi-ethnic by paragraph by deleting the term “multi-religious”.
C.
ADDITIONAL PARAGRAPH(S) ADOPTED
The
Convention resolved to adopt additional paragraph(s) to add to the Preamble in
the First Draft Constitutions as follows:
(i)
To
recognise and honour freedom fighters.
PART I: SUPREMACY AND DEFENCE OF
CONSTITUTION
A. ARTICLES RETAINED WITHOUT
AMENDMENTS
The Convention resolved to adopt the
following Articles without amendments:
Articles
1: Supremacy of Constitution; 2: Defence of Constitution; and, 3: Continuous
effect of Constitution
PART II: REPUBLIC OF ZAMBIA AND
SOVEREIGN AUTHORITY OF THE PEOPLE
ARTICLES RETAINED WITHOUT AMENDMENTS
The Convention resolved to adopt the
following Articles without amendments:
Articles
5: Exercise of Sovereign Authority; 6: National symbols; and 7: Laws of Zambia.
B. ARTICLES ADOPTED WITH
AMENDMENTS
The Convention resolved to adopt the
following Articles with the amendments as follows:
(i)
Article 4: Republican Status of
Zambia, by deleting
the term “multi-religious” in clause (2).
PART III: NATIONAL VALUES, PRINCIPLES
AND BASIS OF STATE POLICY
A. ARTICLES RETAINED WITHOUT
AMENDMENTS
The Convention resolved to adopt the
following Articles without amendments:
Articles
8: Application of national values, principles and basis of State policy; and,
11: President’s report on application of values, principles and policies.
B. ARTICLES
ADOPTED WITH AMENDMENTS
The Convention resolved to adopt the
following Articles with the amendments as follows:
(i)
Article 9: National values,
principles and basis of State policy, by deleting the term “minority and marginalized” in
paragraph (c) and consequently redefining the term “minority and marginalized”
in Article 311 so that it expressly exclude groups that practice vices that are
incompatible with the provisions of this Constitution such as homosexuality and
lesbianism;
(ii)
Article 10: Economic Policies, by:
·
including
the words "protect and guarantee" in clause (1) so that it reads:
“The State shall create an economic environment which encourages individual
initiative and self-reliance among the people, so as to promote, protect and
guarantee investment, employment and wealth”;
·
including
“local” investment in clause (3) so that
it is also promoted, protected and guaranteed by the State, as the case is with
foreign investment.
PART IV: CITIZENSHIP
A. ARTICLES RETAINED WITHOUT
AMENDMENTS
The Convention resolved to adopt the
following Articles without amendments:
Articles
12: Existing citizenship; 13: Acquisition of citizenship; 14: Citizenship by
birth; 15: Citizenship by decent; 18: Dual citizenship; 19: Renunciation and
deprivation of citizenship; 20: Citizenship Board of Zambia; 21: Entitlements
of citizens; 22: Responsibility of citizen; and, 23: National status of parent
and legislation on citizenship.
B. ARTICLES ADOPTED WITH
AMENDMENTS
The Convention resolved to adopt the
following Articles with the amendments as follows:
(i)
Article 16: Citizenship by registration, by:
·
increasing
the period of ordinarily resident from three to ten years, immediately
preceding the person’s application for registration in clauses (1)(a) and
(1)(b);
·
deleting
the words “or was” and increasing the period from three to ten years in clause
(3); and
·
providing
that clause 4 reads “A child of a diplomat accredited to Zambia or a child of a
person with refugee status in Zambia shall not be entitled to be registered as
a citizen”.
(ii)
Article 17: Citizenship by adoption, by providing that “Adoption of a
child who is not a citizen and who is adopted by a citizen shall not guarantee
automatic citizenship andshall be eligible
to apply for citizenship as provided for under an Act of Parliament”.
PART V: BILL OF RIGHTS
A. ARTICLES RETAINED WITHOUT
AMENDMENTS
The Convention resolved to adopt the
following Articles without amendments:
Articles
26: Application and interpretation of Bill of Rights; 28: Right to life; 29: Human dignity; 30:
Protection from Inhuman treatment; 31: Freedom of person; 32: Security of
persons; 34: Protection of privacy of person, home, property and communication;
36: Freedom expression; 39: Political rights; 40: Freedom of association; 41:
Rights to assemble, demonstrate, picket, lock out and petition; 42: Freedom of
movement and residence; 43: Refugees and asylum seekers; 45: Equality before
law; 46: Fair administration; 49: Rights of persons detained or in custody; 51:
Equality of both gender; 53: Older members of society; 56: Youth; 57:
Protection of young persons; 59: Special measures for persons with
disabilities; 61: Progressive realization of economic, social and cultural rights; 63: Language and culture; 64: Freedom
to choose trade, occupation or profession; 65: Labour relations; 68: Limitation
on rights and freedoms; 70: Derogation of rights and freedoms during emergency
or national disaster; 71: Restriction and detention during emergency; 72:
Enforcement of Bill of Rights; 73: Human Rights Commission; and, 74: Gender
Equality Commission.
B. ARTICLES ADOPTED WITH
AMENDMENTS
The Convention resolved to adopt the
following Articles with the amendments as follows:
(i)
Article 24: Status of Bill of Rights, by deleting the words “or contemplated”
in paragraph (e) of clause (3), so that it reads “are subject only to the
limitations contained in the Bill of
Rights”;
(ii)
Article 25: Duty of State to promote
rights and freedoms,
by replacing the term, “civil society” with the term “non-State actors” in
clause (2), so that it reads “The state shall recognize the role that non-State actors play in the promotion
and protection of the Bill of Rights”. Consequently, include the definition of
the term “non-State actor” in Article 311 and revisit the definition of the
term “Civil society” in the same Article.
(iii)
Article 27: Protection from
discrimination, by:
·
ensuring
that the provision does not give any leeway to anti-social practices such as
homosexuals and lesbians; and
·
adding
the word “political” after the word “social” in clauses (1) and (3) so that
political orientation is included among the grounds on which a person would
have a right not to be discriminated against.
(iv)
Article 33: Slavery, servitude and forced labour, by replacing it with Article 14 of the current
Constitution which reads in part:-
“(1) A person shall not be held in slavery or
servitude
(2) A person
shall not be required to perform forced
labour
(3) for the
purpose of this Article. The “expression forced labour” does not include…”
(v)
Article 35: Freedom of religion and
conscience, by
deleting paragraph (a) of clause (3) which reads “anti-Christian teaching and
practice”;
(vi)
Article 37: Access to Information, by adding the phrase “and State
institutions” to paragraph (a), to read “information held by the State and
State institutions”.
(vii)
Article 38: Freedom of media, by:
·
replacing
the word “State” with the word “public” in clause (4), so that it reads “all
public-owned media shall”;
·
replacing
the word “opportunity” with the word “coverage,” in paragraph (c) of clause (4)
so that it reads “afford fair coverage
for the presentation of divergent views and dissenting opinions”;
·
adding
a new clause based on Article 20(2) of the current Constitutions which reads “subject
to the provision of this Constitution, a law shall not make any provision that
derogates from the freedom of the press”;
(viii)
Article 44: Acquisition and
protection of property, by making the right to property subject to Article 298, so that it reads
“A person has the right, subject to
Article 298, either individually or in association with others, to acquire
property-…”;
(ix)
Article 47: Access and right to
Justice, by reducing
the period after which a judgment may be enforced by execution against
the State in paragraph (b) of clause (3) from one year to six months;
(x)
Article 48: Rights of suspects and
arrested persons, by
replacing the phrase “as soon as reasonably practicable” with the term
“immediately” and include the phrase “where this is not possible as soon as it
is reasonably practicable but in any case within 24hours” in paragraph (c) of
the Article, so that it to reads “to be informed immediately, of the reasons for the arrest or detention and where this is not possible, as soon as it
is reasonably practicable but in any case within 24hours.”;
(xi)
Article 50: Fair trial, by replacing the words “as soon as
possible” with the word “immediately” in paragraph (b) of clause (1), so that
an accused person is informed immediately of the charge with sufficient details
to answer the charge;
(xii)
Article 52: Further rights for women, by:
·
adding
the words “except for abortion on demand” to clause (a) so that it reads
“reproductive health, including family planning and access to related
information, except for abortion on
demand”. Consequently, the definition of the phrase “reproductive health”
to be included in Article 311 and should expressly exclude abortion on demand;
·
deleting
the words “including the right to change the nationality of their children if
this is in the best interest of the children” in paragraph (b);
·
adding
the phrase “except in marriages” at the end of paragraphs (c), (d) and (e); and
(xiii)
Article 54: Family, by increasing the marrying age in
clause (2) from eighteen to twenty-one years;
(xiv)
Article 55: Children, by:
·
deleting
the word “free basic” in clause (5)(c) of the Article, so that it reads “Every
child has a right:- (c) to education”; and
·
increasing
the age in clause (5)(d) from eighteen to twenty-one years, as a consequence of
the amendment to clause (2) of Article 54;
(xv)
Article 58: Persons with
disabilities, by
qualifying the devices that persons with disabilities would have access to in
clause (1) with the term “assistive” so
that the devices are referred to as “assistive
devices”;
(xvi)
Article 60: Minority and marginalised
groups, by adding
the words “except for practices prohibited under this constitution or any other
law” at the end of paragraph (d). Consequently, the definition of minority and
marginalised groups to be revisited to bring it in line with the definition as
used in the United Nations human rights system which refers to national or
ethnic, religious and linguistic minorities as laid out in the United Nations
Declaration on the rights of persons belonging to national or ethnic, religious
and linguistic minorities and in Article 27 of the International Covenant
on Civil and Political Rights;
(xvii)
Article 62: Economic and social
rights, by
qualifying the education with the words “accessible and quality” in paragraph
(f) of clause (1), so that it reads “a person has the right to – (f) Accessible and quality education”. The
definition of the phrase “health care services” to be included in Article 311
of the First Draft Constitution”;
(xviii)
Article 66: Consumer rights, by replacing the word “reasonable
quality” with the words “approved quality standards” in paragraph (a) of clause
(1), so that it reads “(1) Consumers have the right to- (a) goods and services
of approved quality standards”;
(xix)
Article 67: Environment, by including the word “safe”
immediately before the word “clean”, so that it reads “a person has the right
to safe, clean and healthy living
environment”; and
(xx)
Article 69: Non-derogable rights and
freedoms, by adding
the following rights “Right to
Life, Enforced disappearance, Non- refoulment and non-retrospective
application of criminal law,” to the list of non-derogable rights.
PART VI: REPRESENTATION OF THE PEOPLE
A.
ARTICLES ADOPTED WITHOUT AMENDMENTS
The Convention resolved to adopt the
following Articles without amendments:
Articles 76: Basis of Electoral
System; 77: Franchise; 78: Electoral Process; 79: Access to Media; 85: Matters
to be taken into Account when delimitating Electoral Districts, Multi-Member
Constituencies and Wards; 87: Representation of Gender, Youth and Persons with
Disabilities; and, 88: Legislation on Political Parties.
B. ARTICLES ADOPTED WITH AMENDMENTS
The Convention resolved to adopt the
following Articles with amendments as follows:
(i)
Article 75: Electoral System, by:
·
providing
in clause (2) for Mixed Member Proportional Representation system (MMPR), which is a mix of
First-Past-The-Post and Proportional Representation, with 20% seats assigned to
PR;
·
providing
in clause (3) for Mixed Member Proportional Representation system (MMPR), with
20% seats assigned to PR; and
·
adding
a new provision to put a caveat against unnecessary by-elections. This
provision should be to the effect that a Member of Parliament who resigns shall
be barred from re-contesting the seat and being appointed to any public office,
until the end of the lifespan of that Parliament from which the member has
resigned.
(ii)
Article 80: Independent and Unopposed
Candidates, by
including Member of Parliament in clause (2) of the Article and by deleting
clause (7) of the Article;
(iii)
Article 81: Losing Candidate not
Eligible for Certain Appointments, by deleting the Article;
(iv)
Article 82: Election Date for General
Elections, by
replacing clause (2) with provisions in Section 28 of the Electoral Act, No. 12
of 2006, which reads as follows:
“The Commission may postpone the
polling day for an election provided the commission is satisfied that:
(a) The postponement is necessary for
ensuring a free and fair election
(b) The polling day for the election
shall still fall within the period as required by the Constitution in Article
82 (1).”
(v)
Article 83: Electoral Commission of
Zambia, by:
·
deleting
the word “progressively” in clause (1);
·
adding
in clause (3) the word “electoral” before minor disputes and specify the minor
disputes the Commission can settle;
·
by
providing in clause (4) that the composition of the Electoral Commission should
comprise eminent persons with integrity and moral uprightness in society;
·
by
providing for Parliament to enact legislation to the effect that:-
v any eminent person who qualifies to
be a member of the Electoral Commission qualifies to be Chairperson of the
Commission. The Chairperson should not
necessarily be one who qualifies to be Judge; and
v the Electoral Commissioners should
serve on part-time basis, so that they concentrate on providing policy
direction and leave management affairs to the Commission management team.
·
providing
for Parliament to enact legislation to the effect that:-
v any eminent person who qualifies to
be a member of the Electoral Commission qualifies to be Chairperson of the
Commission. The Chairperson should not
necessarily be one who qualifies to be Judge; and
v the Electoral Commissioners should
serve on part-time basis, so that they concentrate on providing policy
direction and leave management affairs to the Commission management team.
(vi)
Article 84: Delimitation of
Multi-Member Constituencies and Wards, by aligning the provisions to the amendment made in Article
75(2), where Proportional Representation system has been replaced with Mixed
Member Proportional Representation system;
(vii)
Article 86: Political Parties, by deleting clause (3)(b) providing
for the requirement for political parties to have a national character.
PART VII: EXECUTIVE
A. ARTICLES RETAINED WITHOUT
AMENDMENTS
The Convention resolved to adopt the
following Articles without amendments:
Articles 89: Office of the President and vesting of
executive power; 92: Ratifications by National Assembly; 93: Prerogative of
Mercy; 94: Advisory Committee; 95: Emoluments of President; 98: Nomination
papers for election as President; 100:Transition Period before assuming office;
101: Election Petition; 102: Assumption of office; 103: Tenure of office; 104:
Removal of President on grounds of incapacity; 105: Impeachment of President for violation of Constitution; 106:
Performance of executive functions during absence of President; 107: Vice
President, election and swearing in; 108: Functions of Vice President; 109:
Removal from office of Vice President; 111: Declaration of state of public
emergency; 112: General measures relating to public emergency; 113: Declaration
of threatened State of public emergency; 114: Declaration of national
disasters; 115: Validity of emergency; 116:
Cabinet; 117: Functions of Cabinet; 118: Proceedings of Cabinet meetings; 119:
Cabinet Secretary; 121: Provincial
Minister and appointments from outside National Assembly; 123: Oaths
of office; and, 124: Code of conduct.
B. ARTICLES ADOPTED WITH
AMENDMENTS
The Convention resolved to adopt the
following Articles with the amendments as follows:
(i)
Article 90: Executive functions of
the President, by:
·
deleting the words “diplomatic
representatives and consuls” in paragraph (b) of clause (2);
·
deleting the words “diplomatic
representatives, consuls and heads of international organizations” in paragraph
(c) of clause (2);
·
providing that consideration will be
given to career diplomats or persons who have relevant professional
qualifications in respect to paragraph (b) to of clause (2);
·
providing that paragraph (e) of
clause (2) is subject to Article 120 in addition to being subject to approval
of National Assembly;
·
providing that Ambassadors, High
Commissioners, plenipotentiaries are subject to National Assembly ratification;
·
adding a new paragraph (j)bis to provide that the President must ensure that the distribution of developmental
resources is nationally balanced; and
·
adding a new clause (3) to provide
for the spirit of “One Zambia One Nation” (unity and ethnic diversity) in all
appointments by the President referred to in clause (2).
(ii)
Article 91: Approvals by National Assembly, by removing
reference to the declaration of war in clause (5) so that the
declaration of war by the President shall not require approval by Parliament;
(iii)
Article 96: Protection of President from legal proceedings, by providing that if the President commences civil proceedings,
she/he ceases to enjoy immunity in respect of those proceedings;
(iv)
Article
97: Qualifications and disqualifications for nomination as President,
by providing a cap on the age of Presidential aspirants to 75;
(v)
Article 99: Election of President, by providing that in the event that a presidential candidate dies or is
disqualified for any reason, referred to in clause (7), the running mate
becomes the presidential candidate, and he should select a new running mate;
(vi)
Article 110: Declaration of War,by deleting references to the prior approval of Parliament before a
declaration of war is made.
(vii)
Article 120: Ministers and
appointments from outside National Assembly, by deleting the number of persons to be appointed as Ministers in clause
(1).
(viii)
Article 122: Parliamentary Secretaries,by:
·
providing
for Deputy Ministers in place of Parliamentary Secretaries and for appointment
from outside National Assembly, of such
Deputy Ministers, who shall not be more than two per Ministry and not sit in
Parliament; and
·
recasting
clause (2) to harmonise the functions therein in view of the arrangement that
Deputy Minister will be appointed from outside Parliament, will not be members
of Cabinet (which is the policy making body and cannot, therefore, perform the
functions referred).
PART VIII: LEGISLATURE
A. ARTICLES RETAINED WITHOUT
AMENDMENTS
The Convention resolved to adopt the
following Articles without amendments:
Articles 125: Establishment of Parliament and
vesting of legislative function; 126:
Exercise of legislative function; 127: Retrospective legislation; 128:
Functions of National Assembly; 130: Presidential assent and
referral; 132: Coming into force of Act of Parliament; 133: Acts of Parliament,
enactment clause and categorization; 134: Statutory instruments; 137:
Qualifications and disqualifications of Members of Parliament; 140: Vacation of
office by independent Members of Parliament; 141: Emoluments of Members of
Parliament; 143: Code of conduct for Members of Parliament; 144: Sittings of National Assembly; 145:
Powers, privileges and immunities; 146:
Procedure of National Assembly; 147: Presiding in National assembly; 150:
Committees of National Assembly; Article 151: Power to call evidence; 152: Life and Prorogation of Parliament; 154: Clerk
of National Assembly; 155: Officers of National Assembly; 156: Parliamentary
Service Commission; 159: Oaths to be taken by Speaker, Deputy Speakers and
Members of Parliament; 160: Right to petition; and, 161: Public Access and
participation.
B. ARTICLES ADOPTED WITH AMENDMENTS
The Convention resolved to adopt the
following Articles with the amendments as follows:
(iii)
Article 129: Money Bills, by providing that only a Minister should introduce
a Money Bill.
(iv)
Article 131: Challenge of Bill and reference to Constitutional Court, by clarifying that only “any person” who needs
to seek leave of the Constitutional Court and not the thirty or more
Members of Parliament;
(v)
Article 135: Elections to National
Assembly, by deleting the Article and
replacing it with the provisions of Article 144 of the Final Draft Constitution
of the Republic of Zambia (NCC) subject to amendment by providing that the
President shall not nominate Members of Parliament;
(vi)
Article 136:Composition of National Assembly, by
providing for the Mixed Member Representation system in line with Article 135;
(vii)
Article 138: Nominations under party, by deleting the Article;
(viii)
Article 139: Tenure of office and vacation of Member of Parliament other
than independent candidate, by providing that there shall be no crossing
of the floor by Members of Parliament and that the maximum number of terms in
office shall be limited to two;
(ix)
Article 142: Leader of Government Business in National Assembly and
leader of opposition, by providing that the Vice President becomes the
Leader of Government Business in the House without being a Member of
Parliament;
(x)
Article 148: Quorum, providing that fifty percent of the
Members of Parliament will form a quorum as opposed to one-third provided in
the First Draft Constitution;
(xi)
Article 149: Voting in National Assembly, by
providing that the
Speaker votes to break the tie referred to in paragraph (b) of clause (2);
(xii)
Article 153: Speaker and Deputy
Speakers of National Assembly, by
providing the minimum
qualification for one to be elected Speaker of National Assembly shall be a
first University Degree or equivalent in paragraph (e) of clause (2) and that the two Deputy Speakers shall be
elected from among the elected Members of Parliament;
(xiii)
Article 157: President may address National Assembly, by
replacing the word “may” with the word “shall”; and
(xiv)
Article 158: Vote of no confidence, by deleting the Article.
PART IX: JUDICIARY
A. ARTICLES RETAINED WITHOUT
AMENDMENTS
The Convention resolved to adopt the
following Articles without amendments:
Articles 162: Courts of
Judiciary and establishment; 164: Independence of Judiciary and Code of
Conduct; 165: Financial independence of Judiciary; 166: Chief Justice; 168
President of Constitutional Court; 171: Composition for sittings of Supreme
Court; 172: Jurisdiction of Supreme Court; 174: Composition for sittings of
Constitutional Court; 176: Court of Appeal; 178: Sittings of Court of Appeal;
179: High Court; 180: Jurisdiction of High Court; 181: Supervisory jurisdiction
of High Court; 182 Divisions of High Court; 183: Appointment of Judges; 184:
Qualification for appointment as Judge; 187: Removal of Judge from office; 188:
Procedure for removal of Judge; 189: Oath of office of Judge and judicial
officer; 191: Divisions of subordinate and local courts; 193: Judicial Service;
195: Functions of the Judicial Service Commission; and 196: Chief Administrator
of Judiciary.
B. ARTICLES ADOPTED WITH
AMENDMENTS
The Convention resolved to adopt the
following Articles with the amendments as follows:
(i)
Article 163: Vest and exercise of
judicial power, by;
·
providing for 90 days period within
which judgement shall be delivered after conclusion of the case so as to ensure
that there are no delays in delivery of judgements and to bind the judiciary to
doing what is right;
·
providing in clause (5) that except
as otherwise provided in this Constitution or
any other law or as may be ordered by a court, proceedings of a court shall
be in public.
(ii)
Article 167: Deputy Chief Justice, by
replacing the term “President” with the term “Chief Justice” in clause (2);
(iii)
Article 169: Deputy President of the
Constitutional Court, by replacing the term “President”
with the term “President of the Constitutional Court” in clause (2);
(iv)
Article 170: Supreme Court, by
adding the words “or such greater number of Judges as may be prescribed by an
Act of Parliament” in paragraph (c);
(v)
Article 173: Composition of
Constitutional Court, by specifying that the Constitutional
Court shall comprise not less than seven Judges, in paragraph (c) of clause (1);
(vi)
Article 175: Jurisdiction of
Constitutional Court, by deleting the words “on matters
relating to public interest litigation” in clause (6);
(vii)
Article 177: Jurisdiction of Court of
Appeal, by replacing the word “appeal” with the word “apply”
between the words “may” and “to”, in cause (3) and by deleting clause (4);
(viii)
Article 185: Tenure of office of
judges, by deleting clause (2) which provides that a former
Chief Justice or President of Constitutional Court could revert to be a Judge,
after retirement;
(ix)
Article 186: Remuneration of Judges, by
splitting clause (1) into two separate clauses, one providing for the Judicial
Service Commission to determine and review the conditions of service without
referring to the Emoluments Commission; and the other providing for Emoluments
Commission to determine and review emoluments for judges;
(x)
Article 190: Appointment, retirement
and removal of judicial officer, by
introducing two new clauses, one providing for the Judicial
Service Commission to determine and review the conditions of service without
referring to the Emoluments Commission; and the other providing for Emoluments
Commission to determine and review emoluments for judicial officers;
(xi)
Article 192: Judicial Complaints
Commission, by:
(a) providing that the Chairperson of the
Judicial Complaints Commission should be one who qualifies to be appointed as
Supreme Court Judge in paragraph (a)of Clause (2);
(b) reducing the number of legal
practitioners on the commission from three (3) to two (2). Further that they should qualify to be
Supreme Court Judges, of proven integrity, with 15 years experience and
nominated by the Law Association Zambia or a successor body, in paragraph (b)of
Clause (2);
(c) including
a person with 10 years experience in investigation or law enforcement, with
proven integrity to serve as a member of the commission in clause (1), as
paragraph (d).
(xii)
Article 194: Judicial Service
Commission, by:
·
providing
for the appointment of members of the
Judicial Service Commission by the President in clause (1);
·
reducing
the number of Commission members from fifteen to nine in clause (2) by deleting
from the membership of the Commission the following institutions: Civil Service
Commission, Public Service Management, Constitutional Court, Supreme Court,
Gender Equality Commission and House of Chiefs in paragraphs (d), (e), (f),
(g), (l) and (m); and
·
replacing
the term “Chairperson” with the term
“representative” in paragraph (k) of clause (2) so that it reads
“representative of the Human Rights Commission”.
PART X: GENERAL PRINCIPLES OF DEVOLVED GOVERNANCE
A. ARTICLES RETAINED WITHOUT
AMENDMENTS
The Convention resolved to adopt the following
Articles without amendments:
Articles 199: Conflict between National and
Provincial Legislation; and, 200: Power of Parliament to Repeal Provincial Legislation.
B. ARTICLES ADOPTED WITH
AMENDMENTS
The Convention resolved to adopt the
following Articles with the amendments as follows:
(i)
Article 197: Devolved
Governance System, by
including the the wording “political,
social and economic functions, financial and other resources” and
“fully” in clause (1), so that it reads:-
“The management of the political, social and economic functions,
financial and other resources” of the
State shall be fully devolved from the national level to the local level
while returning at the national level, the executive authority as provided for
under this Constitution”; and
(ii)
Article 198: Administrative,
Legislative and Judicial Competence
in
Devolved Governance, by:
·
deleting the word progressively”
in clause (1);
·
adding the word “substructures”
after the words“provincial and districts levels” in clauses (1) and (2),”.
PART XI: PROVINCES AND ADMINISTRATION
A. ARTICLES RETAINED WITHOUT
AMENDMENTS
The Convention resolved to adopt the following
Articles without amendments:
Articles 202: Provincial Minister, 205:
Retrospective Legislation and Bills Affecting Rights and Freedoms, 206: Legislation
on Procedure of Provincial Assemblies; and, 208: Staff of Provincial
Assemblies.
B. ARTICLES
ADOPTED WITH AMENDMENTS
The Convention resolved to adopt the
following Articles with the amendments as follows:
(i)
Article 201: Provinces and Provincial Administration, by providing that before the President creates, merges or changes boundaries for provinces,
he shall consult relevant stakeholders like traditional leaders, residents of
the province and local authorities, while taking into account certain
socio-economic and cultural factors before the proposed action is ratified by
Parliament.
(ii)
Article 203: Provincial Assemblies, in clause (1),
by increasing the number of representatives under items (i), (ii) and
(iii) of paragraph (h) from 1 to 3, and to include labour leaders, senior citizens and pensioners therein;
(iii)
Article
204 Functions of Provincial Assembly, by adding a
new clause (3) on funding of Provincial Assemblies, so that the expenses of the
Provincial Assembly shall be a charge on the Consolidated Fund;
(iv)
Article 207:Provincial
Speakers and Deputy Provincial Speaker, by:
·
Providing
for a Provincial Speaker to come from outside the Provincial Assembly, and clause (1), to read:
“(1) There shall be a-
(a)
Provincial speaker who shall be
elected by the members of the ProvincialAssembly from among persons who are
qualified to be elected as members of the provincial assembly but are not
members of the assembly; and
(b)
Deputy provincial speaker of the
provincial assembly who shall be elected from among the members of the
provincial assembly, taking into account gender balance.”
·
Deleting
the “first” clause (4) which
provided for an organisation whose representative is elected as Provincial
Speaker or Deputy Provincial Speaker of Provincial Assembly to nominate another
person to replace the one elected.
(v)
Article 209: Reserved
Power over Non-performing District Councils, by:
·
adding a new clause (1) with text
from Article 231 (1) of the Mung’omba Draft Constitution to read as follows:
“209 (1) The Central Government,
Provincial Government
and Local government shall-
(a)
exercise their powers and perform their functions in a
manner that does not encroach on the geographical, functional, or
institutional integrity of either
government and shall respect constitutional status, institutions and rights of
the other;
(b)
Maintain liaison with each other for
the purpose of exchange of information coordination of policies, administration
and enhancement of capacity.”
·
adding a
new clause (7) to read as follows:
“Notwithstanding clauses (1) – (6),
the Provincial Assembly shall recommend for the appointment of a Tribunal to
deal with the challenges of the district Council before the aforesaid clauses
take effect, provided that the concerns of the people are taken into account.”
(vi)
Article 210: Legislation
on Provincial Administration and Provincial Assemblies, by addinga new paragraph (d) to read,
“Parliament shall enact legislation to provide for the composition and
procedure for the tribunal to be constituted, to investigate allegations of
misconduct or incompetence of a District Council”.
PART XII: LOCAL GOVERNMENT
A. ARTICLES RETAINED WITHOUT
AMENDMENTS
The Convention resolved to adopt the
following Articles without amendments:
Articles 211: System of Local Government; 212: District, Wards and District
Council; 213: Functions of District Council; 216: Conduct of Councillor; 219: Vacancies and By-Elections for District Councils; 220: Petitions
and Local Government Election Tribunal; 222: Sequestration of Property; 223: Revenue of
Local Authorities; 224: Local Government Equalization Fund and Funds for
District Council; and, 225: Legislation to further Regulate Districts and
LocalAuthorities.
B. ARTICLES
ADOPTED WITH AMENDMENTS
The Convention resolved to adopt the
following Articles with the amendments as follows:
(i) Article 214: Election
of Councillors and Composition of District Councils, by:
(i) including
the word “up to” before the words “three chiefs” in paragraph
(e) of clause (2), to read: “up to three chiefs representing all chiefs
in the district, elected by the chiefs in the district”;
(ii) increasing the minimum age of
representatives of District Councils from 18 years to 21 years in paragraph (b)
of clause (3);
(iii) replacing
the word “allowances” with the word “emoluments in clause (6).
(ii)
Article 215: Mayor,
Deputy Mayor, Council Chairperson and Council Deputy Chairperson, by adding a new clause
(5) to provide that Parliament would enact legislation to provide for the
functions of the Executive Mayor;
(iii)
Adding a new provision to stipulate a specific percentage of the total national budget to be disbursed
to local governments stipulate, in order to match functions with resources;
(iv)
Article
217: Accountability of Councillors, by including the ward as one other area to which the Councillor is
accountable to;
(v)
Article 218: Tenure of Office and
Vacation of Office of Councillor, by adding the words “of a district” at the end of paragraph
(a) of clause (2), so that it provides for the office of Councillor to become
vacant if the Councillor ceases to be a resident of a district;
(vi)
Article
221: Local Government Service Commission, by:
(a)
applying the principle adopted in Articles
258 (2) to the effect that any commission established under this constitution
shall exercise its functions:
·
with dignity, propriety and integrity and
avoid the appearance of indignity and impropriety and dishonesty;
·
without favor or bias; and
·
free of any extraneous influence, inducement,
pressure, threat or interference.
(b)
applying the principle adopted in paragraphs
(a) and (e) of clause (3) of Article 259 to the effect that any commission
established under this Constitution shall:
·
have the power to appoint its own staff; and
·
submit annual reports to the National
Assembly on its activities and any other report as provided by or under an Act
of Parliament.
(c)
applying the principle adopted the new
paragraph (f) of clause (3) of Article 259 to the effect that commissioners
shall serve on part time basis; and
(d)
applying the principle adopted in Article 260
to the effect that any commission established under this constitution shall
have a Chief Executive Officer who shall be appointed by respective
commissions.
PART XIII: CHIEFTAINSHIP AND HOUSE OF
CHIEFS
A. ARTICLES
RETAINED WITHOUT AMENDMENTS
The Convention resolved to adopt the
following Articles without amendments:
Articles 227: Concepts and Principles Relating to Chieftaincy; 228: Participation of Chiefs in
Public Affairs; 232: Oaths of Members of House of Chiefs; 233: Staff of
House of Chiefs; and 234: Legislation on House of Chiefs.
B. ARTICLES ADOPTED WITH AMENDMENTS
The Convention resolved to adopt the
following Articles with the amendments as follows:
(i)
Article 226: Institution
of Chieftaincy, by:
·
deleting the words “wishes and
aspirations” in clauses (3) and (4);
·
replacing the words “appointment and
election” with “selection”; and the words “resolved as prescribed by an
Act of Parliament ” with the words “taken to the House of Chiefs” in clause
(4); and
·
replacing the words “appointment and
election” with “selection” in clause (5).
(ii)
Article 229: House of Chiefs, by
deleting the words “on customary and traditional matters referred to it by
the President or as may be provided by or under an Act of Parliament” at
the end of clause (1);
(iii) Article
230: Functions of House of Chiefs, by
replacing the words “local authorities regarding the welfare of a
local community” with the word “Government” inparagraph (d) to read:
“230 (d) initiate, discuss and make
recommendations to Government”;
(iv) Article 231: Tenure of Office and
Vacancy, by deleting the words “or is appointed to any
public office” in paragraph
(d) of clause (2); and
(v)
Adding a new provision to the effect that the
House of Chiefs shall be an autonomous body with its own staff not
subservient to a Government Ministry.
PART XIV: PUBLIC SERVICE AND
COMMISSIONS
- ARTICLES RETAINED WITHOUT AMENDMENTS
The Convention resolved to adopt the following Articles
without amendments:
Article 235: Values and
principles of public service; 236: Conflict
of interest; 237: Declaration
of assets; 240: Constituting Offices for the Public; 241: Holding of public
office; 249: Appointing power; 250: Exercise of power; and, 254: Pension and
retrenchment benefits to be paid promptly.
- ARTICLES ADOPTED WITH AMENDMENTS
The
Convention resolved to adopt the following Articles with the amendments as
follows;
(i) Article 238: Participation in politics, by:
·
deleting the words starting
from “or take ……..up to the end of the clause and insert the words “or
retire” in between “resign” and “from” so that it reads “A
public officer who seeks election to a political office shall resign or retire
from the public service”; and
·
amending the marginal note
to read “seeking election to political office” instead of “participation in
politics”.
(ii)
Article239: Code of ethics for professions and other
vocations,by
·
deleting the words “any profession…..” up to
the end of the clause, and inserting the words “public officer” after “for” ”
so that it reads “parliament shall enact legislation providing for a code of
conduct and ethics for public officers”
·
amending the marginal note to read “code of ethics for public officers” instead
of “code of ethics for professions and other vocations”.
(iii) Article 242: Attorney General, by:
·
removing
the words “which pays emoluments” in clause (2) so that it reads “The person
appointed Attorney-General under clause (1) shall not be appointed as a
Minister or hold any other public office”;
·
deleting
paragraph (b) of clause (4) which requires Attorney-General to vacate office
upon change of President; and
·
replacing
the word “principal” with “chief” in paragraph (a) of clause (6) so that
Attorney-General is “chief legal adviser to the Government”.
(iv)
Article 243: Solicitor General, by:
(a) deleting paragraph (b) of clause (3)
which requires Solicitor General to vacate office upon change of President;
(b) including a new clause stipulating
that the Solicitor General should not be a minister or hold any other public
office.
(v)
Article 244: Director of Public
Prosecutions, by:
(a) deleting clause (4) which provides
for the need for the DPP to seek leave of the court in order to enter a nolle prosequi;
(b) introducing clause (4) of Article 246
as the new clause (4). Clause (4) of Article 246 states nolle prosequi that “Parliament to enact legislation to provide
for any other functions of the DPP and for decentralization of the functions
the DPP to the provinces”;
(c) providing that in respect to clause
(4) on the nolle prosequi, the
provisions of clause (8) of Article 50 shall not apply to fugitives of law.
Clause (8) of Article 60 provides that if a is entered on a person and he/she
has not been charged on the same facts within 12 months of the entry of the nolle prosequi, the charge shall be
void; and
(d) providing that the DPP may consult
the Attorney General, but the final decision should rest with the DPP, in
clause (7).
(vi)
Article 245: Performance of Functions
of Director of Public Prosecutions during absence, illness or other cause, by making provision for the
establishment of the office of the Deputy Director of Public Prosecutions whose
appointment and removal procedures shall be provided for under an Act of
Parliament.
(vii)
Article 246: Tenure of Office of
Director of Public Prosecutions, by deleting clause (4) and placing its provisions under
Article 244 as the new clause (4) where the functions of the DPP are provided
for.
(iv) Article 247: Secretary
for Government Services, by:
·
deleting clause (1), (2) and (4) of the
Article and replace it with what is provided for under Article 53 of the
current Constitution on Secretary to Cabinet; and
·
amending clause (3) of the Article by
replacing the term “Civil Service” with the phrase “Public Service at senior
level”so that it reads; “a person qualifies to be appointed as Secretary to the
cabinet if that person has or has had at least ten years experience in the public service at senior management
level”.
(v) Article 248: Permanent Secretaries, by
·
deleting the phrase “or outside” in clause (1) and
further, delete the term “civil service” and replace with “public service”, so
that it reads; “The President shall, on advice of the Civil Service Commission,
appoint a Permanent Secretary based on professional qualifications from within
the public service, subject to
ratification of the National Assembly”; and
·
including clause (e) to read “be responsible and
accountable for human resources management including proper conduct and
discipline of the public officers in the Ministry”.
(vi) Article 251: Retirement of public
officers, bydeleting the words starting from “the age of sixty
years…” up to the end of the clause, so that it reads: “A public officer shall,
unless otherwise provided in this Constitution, retire from the public service
on attaining the retirement age”; and as a consequence, provide that retirement age shall be prescribed in the relevant
subsidiary legislation.
(vii) Article 252: Pensions, gratuity and
retrenchment benefits for public officers, byamending clause (6) of the Article
by replacing the term “widows” with the term “surviving spouses” so that it
reads; “In this Article, “pension benefits” includes a pension, compensation
and gratuity or similar allowance for persons in respect of their service as
public officers, members of Defence Force and national security agencies or for
the surviving spouses, children,
dependants or personal representatives of those persons in respect of the
service.”
(v)
Article 253: Pension to be reviewed, by
deleting the words; “upwards periodically and replacing with “by indexing and
actuarial assessment” in clause (1) so that it reads; “pensions shall be
reviewed by indexing and actuarial assessment to take into account changes in
values of money, or a review of salaries”.
(viii)
Article 255: Civil and Teaching
Services Commissions,
by including a new paragraph (f) to make provision for early childhood, adult
and non-formal education in clause (3);
(ix)
Article 256: Establishment of
Investigative Commissions, by:
(a) including all principles as provided
and amended in Articles 258 (2), 259(3)(a) (e), and260. This principle should
apply to the Investigative Commissions;
(b) including the proposed new clause (f)
that commissioners should serve on part time basis. This principle shall apply
to the Investigative Commissions; and
(c) deleting paragraph (d) of clause (1)
relating to the establishment of the Police and Public Complaints Commissions
as an Investigative Commission and create a new Article to make provision for
the establishment of the Police and Public Complaints Commission under a
separate heading.
(x)
Article 257: Additional Commissions, by:
(a) including all principles as provided
and amended in Articles 258 (2), 259(3)(a) (e), and 260. This principle should
apply to the Investigative Commissions; and
(b) including the proposed new clause (f)
that commissioners should serve on part time basis. This principle shall apply
to the Investigative Commissions.
(xi)
Article 258: Independence, Integrity
and Membership of Commissions, by:
(a)
removing
the word “part” and replace with the phrase “this constitution” in clause (1)
so that it reads “A constitution established under this constitution shall
exercise its functions”-
(b)
deleting
clause (3) relating to the removal of Commission members on the same grounds
and procedures as those relating to a Judge and provide for the procedure for
removal of commissioners in an Act of Parliament.
(c)
Delete:
·
paragraph
(a) on the minimum and maximum number of commission members to serve on a
Commission and provide for it in an Act of Parliament ; and
·
paragraph
(b) on qualifications for appointment to the Commission, in clause (4), and
provide for it in an Act of Parliament.
(xii)
Article 259: Financial Independence
and Powers of Commissions, by:
(a) Including the word “audited” before
the word “annual” in paragraph (e) of clause (3) so that it reads “Shall submit
annual reports to the National Assembly on its activities and any other report
as provided by or under an Act Parliament; and
(b) by adding a new paragraph (f) to
provide for commission members to serve on part time basis.
(xiii)
Article 260: Appointment of Chief
Executive of Investigative Commissions, by replacing the words “An Investigative” with the words “A
Commission” and replacing the word “part” with “constitution”, so that it reads “A Commission established under this constitution shall have a chief executive officer who shall be
appointed by the respective commission”.
PART XV: OFFICE OF PUBLIC PROTECTOR
- ARTICLES RETAINED WITHOUT AMENDMENTS
The National Convention adopted the
following resolutions without amendments:
Articles 261: Establishment
of Office of Public Protector; and 265: Limitation of Powers of Public Protector
- ARTICLES ADOPTED WITH AMENDMENTS
(i)
Article 262: Qualifications for
Appointment and Conditions of Service, by:
(a) including a new paragraph (c) in
clause (1) to read “is non- partisan and not involved in active politics”. The
definition of Active politics being, “holding a position in a political party”;
(b) deleting clause (3) providing the Public
Protector from holding any other office which pays emoluments and amending
paragraph (b) of clause (1) to include “or any other public office” at the end;
and
(c) making provision for the
establishment of the Deputy Public Protector whose appointment and removal
shall be in accordance relevant legislation that governs the operations of the
PP’s Office clause (4);
(ii)
Article 263: Functions of the Public
Protector, by:
(a) adding the phrase “and all state
organs including those established under this constitution” after “any state
institution” in clause (1) to read “The Public Protector may investigate an
action or decision taken or omitted to be taken, as specified under clause (2),
by, or on behalf of, any state institutions and all state organs in the performance
of an administrative action”; and
(b) deleting paragraph (a) of clause (3)
enabling the Public Protector to bring an action before the court and seek a
remedy which is available from the court; and
(c) to make provision that when the
Public Protector has made a decision that has not been carried out, the PP can
make a request for the offender to be disciplined in accordance with the
legislation applicable to the concerned officer e.g. constitution of a tribunal
by the Chief Justice under the Ministerial Code of Conduct in paragraph (d) of
clause (5).
(iii)
Article 264: Independence of Public
Protector and Funding, by deleting clause (2) of the Article relating to emoluments.
(iv)
Article 266: Accountability of the
Public Protector, by
providing that the Public Protector shall submit an annual report to the
National Assembly.
PART XVI: DEFENCE AND NATIONAL SECURITY
- ARTICLES RETAINED WITHOUT AMENDMENTS
The National Convention adopted the
following resolutions without amendments:
Articles 269: Establishment
of Police and Prisons Service Commission; 270: Objectives and expenses of
Defence Force and National security agencies; 272:
prohibition of certain activities in relation to defence and national security;
and 273:
legislation to further regulate Defence Force and National security agencies.
- ARTICLES ADOPTED WITH AMENDMENTS
(i)
Article 267: Establishment of
Defence Force and Functions, by
deleting Article 267 and replacing it with the provisions of Article 100 and
101 of the current Constitution;
(i) Article
268: Establishment of national security
agencies and functions, by replacing the name “Zambia Prisons
Service” with “Zambia Prisons and Correctional Service” in paragraph (c);
(ii) Article
271: Deployment outside Republic, by
amending the Article to allow the President to deploy security personnel
at any time and report to Parliament afterwards;
(iii) The
Draftspersons to clarify the status of Zambia National Service and Zambia
Wildlife Authority with regard to Article 273.
PART XVII: PUBLIC
FINANCE AND BUDGET
A.
ARTICLES RETAINED WITHOUT AMENDMENTS
The Convention resolved to adopt the following Articles
without amendments:
Articles 275: consolidated Fund; 276:
Withdrawal from Consolidated Fund; 277: Supplementary Expenditure in advance of
Appropriation; 278: Compensation Fund; and 283: Public Debt
B.
ARTICLES ADOPTED WITH AMENDMENTS
The Convention resolved to adopt the
following Articles with the amendments as follows:
(i)
Article 274: Imposition of Tax, by adding the term “or authority” before the word “shall”,so that it reads:
“Where
legislation, enacted under clause (1), confers powers on any person or
authority to waive or vary a tax imposed by that legislation, that person or
authority’ shall, after exercising those powers, make a report to the
National Assembly.”
(ii)
Article 279: Annual Financial Estimates, by deleting “that financial year” and replacing it with the phrase “the next financial year” in clause
(3), so that it reads; “in any year where a general election takes place, the
President shall cause to be prepared and laid before the National Assembly,
within ninety days of the swearing in of the President, estimates of revenue
and expenditure of the Government for
the next financial year.”
(iii) Article 280: Budget Legislation, by:
·
introducing
the word “planning and” in the marginal note, so
that it reads; “Planning and budget
legislation”;
·
deleting
the phrase “the annual budget and
estimates of expend”, so that the remaining provision reads: “Parliament
shall enact legislation relating to planning and budgeting”;
·
deleting
paragraphs (a) to (f);
(iv) Article 281: Appropriation Act and Supplementary
Appropriation Act, by replacing the words “in the
current financial year” with the words “before
expenditure” in clause (2), so that
it reads:
“Where
legislation, enacted under clause (1), confers powers on any person or
authority to waive or vary a tax imposed by that legislation, that person or authority’ shall, after exercising
those powers, make a report to the National Assembly before expenditure.”;
(v)
Article 282: Borrowing and Lending by Government, by deleting clauses (5) and (6);
providing for the National Assembly to authorise Government to enter into an
agreement to give loan or grant out of the Consolidated Fund;
(vi) Article 284: Financial report of Government, by:
·
replacing
the phrase “ six month” with the phrase “three
months” in clause (1), so that it reads:
“The
Minister responsible for finance shall, within three monthsafter the end
of each financial year, prepare and submit to the Auditor-General the financial
report of the Government in respect of the proceeding financial year.”;
·
deleting
clauses (2) and (3);
·
reducing
the time frame within which the Minister responsible for finance shall lay the
financial report of the Government with the Auditor-Generals Opinion before the
National Assembly after the end of a financial year in clause (4), from nine months to six
month;
(xiv)
Article 285: State Audit Commission, by:
(a) including all principles as provided
and amended in Articles 258 (2), 259(3)(a) (e), and 260. This principle should
apply to the Additional Commissions;
(b) including the proposed new clause (f)
that commissioners should serve on part time basis. This principle shall apply
to the Additional Commissions;
(c) providing that the Audit Commission
shall have oversight administrative functions on the operations of the Auditor
General and not interfere with the Audit functions of the Office of the Auditor
General in clause (2); and
(a) including persons who have worked in
the public service and have since retired to qualify to be appointed a members
of the State Audit Commission in paragraph (a) of clause (4).
(xv)
Article 286: Auditor General, by:
(a) adding the words “shall be autonomous
”after the words “public office”, in clause (2), so that it reads “The office
of the Auditor General is a public and autonomous office”;
(b) including provisions of clause (2) of
Article 287 which relates to performance of functions of the Auditor General as
the new clause (4) of the Article; and
(c) deleting clause (4) of the Article
and replacing it with provisions of the current Constitution on resignation,
removal and retirement provided in Article 122 of the current Constitution.
(xvi)
Article 287: Funding of Auditor
General, by:
(a) Deleting the words “and the staff of
the office of the Auditor General” in clause (2) so that it reads “In the
performance of the functions conferred on the Auditor General under this
constitution or any other law, the Auditor General shall not be subject to the
direction or control of any person or authority”; and
(b) deleting clause (2) which reads “In
the performance of the functions conferred on the Auditor General under this
constitution or any other law, the Auditor General shall not be subject to the
direction or control of any person or authority” and moving its provisions to
Article 286.
(xvii)
Article 288: Functions of Auditor
General, by:
(a) deleting the term “Government” and
replace it with the term “Executive” in subparagraph (i) of paragraph (a) so
that it reads “The Executive, the
Judiciary, the Legislature, provincial administration, provincial assemblies
and local authorities”;
(b) including the word “public” before
the word “University” in subparagraph (ii) of paragraph (a) so that it reads
“all offices financed wholly or partly from public funds including the public Universities, the Bank of
Zambia, State organs and State institutions”;
(c) including the words “and all other
spending agencies” at the end in subparagraph (i) of paragraph (a) so that it
reads; “The Executive, the Judiciary, the Legislature, provincial
administration, provincial assemblies and local authorities and all other
spending agencies”; and
(d) introducing a new clause providing
that the Auditor General shall submit a report not later than 9 months after
the end of each financial year simultaneously to the President and the National
Assembly.
(xviii)
Article 289: National Fiscal and
Emoluments Commission,
by:
(a) amending the marginal note of Article
289 to read “National Equalization and Emoluments Commission”;
(b) providing for the application of all
principles as provided and amended in Articles 258 (2), 259(3)(a) (e), and 260.
This principle should apply to the National Fiscal and Emoluments Commission;
(c) including the proposed new clause (f)
stating that commissioners should serve on part time basis. This principle
shall apply to the National Fiscal and Emoluments Commission;
(d) deleting paragraph (a) of clause (2)
which on recommending an appropriate percentage of the total annual revenue for
the Republic for payment into the Local Government Equalization Fund and
constituency development fund;
(e) introducing a new clause to provide
that the commission shall exercise its functions with the following guiding
principles, in paragraph (b) of clause (2): Equal pay for equal work,
Transparency and accountability, Sustained harmonization, Fiscal
responsibility, and Equity; and
(v)
adding provisions providing:
·
that
the disposal of State assets that or major asset shall not be sold, transferred
or disposed of, except with prior approval of the National Assembly; and
·
for
public procurement.
PART XVIII: CENTRAL BANK
A.
ARTICLES RETAINED WITHOUT AMENDMENTS
None
B.
ARTICLES ADOPTED WITH AMENDMENTS
The
Convention resolved to adopt the following Articles with the amendments as
follows:
(i)
Article 290: Central Bank, by:
·
providing
in clause (1) that there shall be established the Bank of Zambia which shall be
the Central Bank of the Republic of Zambia and
whose operations and functions shall be prescribed under an Act of Parliament;
·
deleting
clauses (3) and (4) providing for the
authority of the Bank of Zambia to be vested in its Board;
(ii)
Article 291: Governor of the Central
Bank, by:
·
deleting
paragraphs (a) to (c) providing for a Governor to be a citizen and the
experience and integrity of the person;
·
deleting
in paragraph (d) of clause (1), the following words “under prescribed terms and conditions” and merging clause (1) with
remainder of clause (1) (d) so that the Article reads : “There shall be a Governor of the Bank of Zambia who shall be appointed
by thePresident, subject to ratification by the National Assembly.”; and
·
deleting
clause (2), (3) and (4) providing for the Governor to be the
chairperson of the Board, payment of emoluments and taking of official oath of
the Governor.
(iii)
Article 292: Legislation of Bank of Zambia, by deleting the entire article.
PART XIX:
LAND, PROPERTY, ENVIRONMENT AND NATURAL RESOURCES
A. ARTICLES RETAINED WITHOUT
AMENDMENTS
The Convention resolved to adopt the
following Articles without amendments:
Articles 294: Vesting of Land; 295: Classification of Land;
296: State Land; 297: Customary Land; 301:
Legislation on land; 303:
Protection of
Environment and Natural Resources; and 305: Legislation relating to environment
and natural resources.
B. ARTICLES ADOPTED WITH
AMENDMENTS
The Convention resolved to adopt the
following Articles with the amendments as follows:
(i)
Article
293: Principles of Land Policy, by:
·
adding the phrase “and the
recognition of indigenous cultural rights”, at the end of paragraph (b) of clause (1);
·
deleting
the word “productive” and adding the word “use” after the word “sustainable” in
paragraph (c) of clause (1);
·
deleting
the word “cost” in paragraph (d) of
clause (1);
·
replacing
the words “also” and “economy” with the words “shall” and “economies”,
respectively, in paragraph (g) of clause (1); and
·
including
new paragraphs: (h) [“land use planning shall be done in a
consultative and participatory manner”], (i) [“a reasonable percentage of the
investment proceeds in land shall be retained by the local communities, while
also recognising usufruct rights in land use”] and (j) [“where
investment requires displacement of people, compensation shall be provided”],
in clause (1);
(ii)
Article
298: Land tenure, use and alienation, by adding clause
(3) to provide for customary land that is converted to State land to revert to
customary land at the expiry of the purpose for which it would have been
converted to State land or if it is repossessed;
(iii)
Article
299: Lands Commission, by:
(a) Including all principles as provided
and amended in Articles 258 (2), 259(3)(a) (e), and 260. This principle should
apply to the Lands Commissions; and
(b) including the proposed new clause (f)
that commissioners should serve on part time basis. This principle shall apply
to the Additional Commissions.
(iv)
Article
300: Functions of Land, by:
(a) introducing a new clause (d) to
provide that the Commission should secure and conserve land for future
generations and not alienate land in such a manner that prejudices future
generations; and
(b) introducing a new clause (f) which provides
that the Lands Commission shall ensure equitable distribution of land.
(v)
Article
302: Principles of environmental and natural resources
management and development, by:
·
Adding
the words “cultural” and“environmental” after the word “economic” in paragraph (a) of
clause (1);
·
adding the word “legislation” after
the word “policy”in paragraph (b) of clause (1);
·
adding the words “culturally” and “sustainable”
inparagraph(d) of clause (1) as follows:“the conservation and
protection of ecologically and culturally sensitive areas shall be
conducted in a sustainable manner”.
·
Adding
the phrase “and that of cultural heritage”, between the words “species” and
“shall”, in paragraph (e) of clause (1); and
·
Adding
the words “energy efficiency” and “recycling” as follows: “the energy efficiency, use of renewable
energy sources and recycling shall be promoted” in paragraph (h) of
clause (1).
(vi)
Article 304: Utilisation of natural resources and
management of environment, by:
·
Replacing
the word “minimise” with the word “eradicate”, in paragraph (b) so that the
Constitution provide for “eradication” of waste;
·
Adding the
words “local community” as follows:“encourage public and local communityparticipation and benefits”;
and
·
including a
new paragraph, (h), in Article 304 to read:
“Establish
and implement mechanisms that address Climate Change”; and
·
including a
new paragraph, (i), to read: “protect natural and cultural heritage”.
(vii)
Additional
recommendation by defining the words “land” and “environment” in Article 311.
PART XX: AMENDMENT OF THE
CONSTITUTION
A. ARTICLES RETAINED WITHOUT
AMENDMENTS
The Convention resolved to adopt the
following Articles without amendments:
Articles
306: Amendment of Constitution; 307: Amendment without Referendum; and 308:
Amendment by Referendum
PART XXI: GENERAL PROVISIONS
A. ARTICLES RETAINED WITHOUT
AMENDMENTS
The Convention resolved to adopt the
following Articles without amendments:
Article 309: Official
language and use and status of local language; 310: Appointments; 312: Interpretation
of Constitution; 313: Appointments; 314: Person, number and grammatical
variation; 315: Computation; 317: Implied Power; 318: Power to make
regulations, rules, etc., includes power to revoke or amend; 319: Time for
exercise of power; 320: Exercise of power between publication and commencement
of Acts.
B. ARTICLES ADOPTED WITH
AMENDMENTS
The Convention resolved to adopt the
following Articles with the amendments as follows:
(i)
Article 311: Definitions, by referring it to the Drafters to include the
definitions of certain terms and
redefine some terms which are not clear so as to enhance understanding and
avoid ambiguities in interpretations; and
(ii)
Article 316: Power to appoint
includes power to remove, by
referring it to the drafters to examine the implication of replacing the word
“Under” with the words “subject to” at the beginning of the Article.
RESOLUTION BY THE
CONVENTION ON THE MODE OF ADOPTION OF THE CONSTITUTION
Apart from considering the provisions of the First Draft
Constitution, the Convention felt duty bound to resolve on two issues as
follows:
(i)
Mode of adoption of the New Zambian
Constitution
The Convention resolved that the new
Zambian Constitution, once completed, be adopted through a National Referendum,
which should be held within 90 days from the time of submission of the Final
Draft Constitution to the President of Zambia and the people. This is because
such a popularly developed Constitution need to allow for a broader consensus
by the people of Zambia on its adoption.
(ii)
The Barotseland Agreement, 1964
The Convention resolved to refer the
matter of the Barotseland Agreement, 1964, to the two parties (ie. The
Government Republic of Zambia and the Barotse Royal Establishment) to urgently discuss with a view of
finding an amicable solution to the issue. This was in view of the delicate
nature of the matter and that voting on it with regard to whether it should be
incorporated in the new Constitution or not, could have far reaching
implications.
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