Constitution

Zambia 1991 Constitution (reviewed 2016)

Table of Contents

PART XV. DEFENCE AND NATIONAL SECURITY

Article 190. Principles relating to Defence Force and national security services

  1. The Defence Force and national security services shall—
    1. be nationalistic, patriotic, professional, disciplined and competent;
    2. be non-partisan;
    3. not further the interests or cause of a particular organisation; and
    4. not act against a political interest or cause permitted in this Constitution or as prescribed.
  2. Clause (1) shall not prevent a member of the Defence Force and national security services from registering as a voter or voting in an election or a referendum.

Article 191. Status of Defence Force and national security services

The Defence Force and national security services shall be—

  1. subordinate to civilian authority, as vested in the State organs; and
  2. adequately and properly equipped to enable themeffectively perform their functions.

Article 192. Establishment of Defence Force and functions

  1. There is established the Defence Force of Zambia consisting of—
    1. the Zambia Army;
    2. the Zambia Air Force;
    3. the Zambia National Service, as an auxiliary unit; and
    4. other units, as prescribed.
  2. The Defence Force shall—
    1. preserve and defend the sovereignty and territorial integrity of the Republic;
    2. foster harmony and understanding between the Zambia Army, Zambia Air Force, an auxiliary unit and members of society; and
    3. co-operate with State organs and State institutions in times of public emergencies and national disasters.

Article 193. Establishment of national security services and functions

  1. There are established the following national security services—
    1. the Zambia Police Service;
    2. the Zambia Security Intelligence Service;
    3. the Zambia Correctional Service; and
    4. any other national security service, as prescribed.
  2. The Zambia Police Service shall—
    1. protect life and property;
    2. preserve peace and maintain law and order;
    3. ensure the security of the people;
    4. detect and prevent crime;
    5. uphold the Bill of Rights;
    6. foster and promote good relationships with the Defence Force, other national security services and members of society; and
    7. perform other functions as prescribed.
  3. The Zambia Security Intelligence Service shall—
    1. ensure national security by undertaking security intelligence and counter intelligence;
    2. prevent a person from suspending, overthrowing or illegally abrogating this Constitution; and
    3. perform other functions as prescribed.
  4. The Zambia Correctional Service shall—
    1. manage, regulate and ensure the security of prisons and correctional centres; and
    2. perform other functions as prescribed.

Article 194. Qualification to serve in Defence Force and national security service

A person is qualified to serve as a member of the Defence Force and national security services if the person is—

  1. a citizen who does not hold dual citizenship; and
  2. qualified as prescribed.

Article 195. Deployment outside Republic

  1. The President may deploy personnel of the Defence Force outside the Republic.
  2. Where the President deploys personnel of the Defence Force outside the Republic, the President shall, as soon as is reasonably practicable, inform the National Assembly of the deployment.

Article 196. Prohibition of activities relating to defence and national security

Except as provided in this Constitution, a person shall not—

  1. raise or participate in the raising of an armed force;
  2. establish or participate in the establishment of a defence force or national security service; or
  3. establish or participate in the establishment of a unit of the Defence Force or national security service.

Article 197. Legislation on Defence Force and national security services

The following shall be prescribed:

  1. the regulation of the Defence Force and national security services;
  2. the organs and structures of the Defence Force and national security services;
  3. the operations and administration of the Defence Force and national security services;
  4. the recruitment of persons into the Defence Force and national security services, which shall reflect the regional diversity of the people of Zambia;
  5. the appointment, qualifications, placement, transfer, discipline and retirement of defence and security chiefs and other personnel of the Defence Force and national security services;
  6. the emoluments of personnel and members of the Defence Force and national security services;
  7. the procedures and processes for deployment of the personnel of the Defence Force; and
  8. other functions as prescribed.