Zambia 1991 Constitution (reviewed 2016) - Page 20 of 21

Table of Contents

PART XX. GENERAL PROVISIONS

Article 258. Official language and use and satus of local languages

The official language of Zambia is English.
A language, other than English, may be used as a medium of instruction in educational institutions or for legislative, administrative or judicial purposes, as prescribed.
The State shall respect, promote and protect the diversity of the languages of the people of Zambia.

Article 259. Nominations and appointments

Where a person is empowered to make a nomination or an appointment to a public office, that person shall ensure—
1. that the person being nominated or appointed has the requisite qualification to discharge the functions of the office, as prescribed or specified in public office circulars or establishment registers;
2. that fifty percent of each gender is nominated or appointed from the total available positions, unless it is not practicable to do so; and
3. equitable representation of the youth and persons with disabilities, where these qualify for nomination or appointment.
A person empowered to make a nomination or appointment to a public office shall, where possible, ensure that the nomination or appointment reflects the regional diversity of the people of Zambia.

Article 260. Oath of office and prescribed oaths

A person assuming a public office, member of the House of Chiefs, and presidential appointee, shall take an Oath of Office and such other oath, as prescribed, before carrying out the duties of office.

Article 261. Code of conduct and ethics

A person holding a public office shall act in accordance with a code of conduct and ethics, as prescribed for that office.

Article 262. Conflict of interest

A person holding a public office shall not act in a manner, or be in a position, where the personal interest of that person conflicts, or is likely to conflict, with the performance of the functions of office.

Article 263. Declaration of assets

A person holding a public office shall, before assuming office or leaving office, make a declaration of their assets and liabilities, as prescribed.

Article 264. Emoluments payable under Constitution

A public officer, chief and member of the House of Chiefs, shall be paid such emoluments as recommended by the relevant authority or commission and determined by the Emoluments Commission.
The emoluments of a State officer, councillor, Constitutional office holder and a judge shall be determined by the Emoluments Commission, as prescribed.
The emoluments of a person holding a public office, chief and member of the House of Chiefs shall not be altered to the disadvantage of that person during that person’s tenure of office.
A person holding a public office shall not, while in office, hold another office which pays emoluments.

Article 265. Funding, expenses and emoluments charge on Consolidated Fund

A public office shall be adequately funded to enable it to effectively perform its functions.
The expenses of a State organ, State institution and public office shall be a charge on the Consolidated Fund.
The emoluments payable under this Constitution or as prescribed, shall be a charge on the Consolidated Fund.

Article 266. Definitions

In this Constitution, unless the context otherwise requires—

“adult” means a person who has attained, or is above, the age of nineteen years;
“Bill” means a draft of a proposed law to be enacted by Parliament;
“Bill of Rights” means the human rights and fundamental freedoms set out in Part III, and includes their status, application, interpretation, limitations, derogations, non-derogations and enforcement;
“by-election” means an election to fill a vacancy in the office of a Member of Parliament or councillor;
“candidate” means a person contesting a presidential, parliamentary or local government election;

“chief” means a person bestowed as chief and who derives allegiance from the fact of birth or descent, in accordance with the customs, traditions, usage or consent of the people in a chiefdom;

“child” means a person who has attained, or is below, the age of eighteen years;

“circuit schedule” means a table showing dates, districts, time and place where a court is to sit and hear matters in any period of twelve months;

“citizen” means a citizen of Zambia;

“civil servant ” means a public officer appointed by the Civil Service Commission;

“civil society” means a group of persons, who are not part of the Government, who associate for the purpose of advancing or protecting particular interests;

“commission” means a commission established under Part XVIII of this Constitution;

“constituency” means an area into which Zambia is divided for purposes of elections to the National Assembly;

“Constitutional Court” means the Constitutional Court established in this Constitution;

“Constitutional office” means the office of the Attorney-General, Solicitor-General, Director of Public Prosecutions, Public Protector, Auditor-General, Secretary to the Cabinet, Secretary to the Treasury and Permanent Secretary;

“Constitutional office holder” means a person holding or acting in a Constitutional office;

“council” includes a city, municipal or town council;

“council chairperson” means a person elected chairperson of a town council in accordance with Article 154;

“councillor” means a member of a council elected in accordance with Article 153;

“court” means a court of competent jurisdiction established by or under this Constitution;

“Court of Appeal” means the Court of Appeal established in this Constitution;

“devolution” means a form of decentralisation where there is a transfer of rights, functions and powers or an office from the central government or State institution to a sub-national authority or the bringing of a service that is provided at central government level to, or opening of a branch of a public office or institution at, a sub- national level, and the word “devolved” shall be construed accordingly;

“disability” means a permanent physical, mental, intellectual or sensory impairment that alone, or in combination with social or environmental barriers, hinders the ability of a person to fully or effectively participate in an activity or perform a function as specified in this Constitution or as prescribed;

“discrimination” means directly or indirectly treating a person differently on the basis of that person’s birth, race, sex, origin, colour, age, disability, religion, conscience, belief, culture, language, tribe, pregnancy, health, or marital, ethnic, social or economic status;

“district” means an administrative unit of a Province as provided inArticle 149;

“election” means an election to the office of President, National Assembly or a council;

“Electoral Commission” means the Electoral Commission of Zambia established in this Constitution;

“emoluments” include salaries, allowances, benefits and rights that form an individual’s remuneration for services rendered, including pension benefits or other benefits on retirement;

“Emoluments Commission” means the Emoluments Commission established in this Constitution;

“executive authority” means the power and the right to execute executive functions;

“executive functions” means the functions of the President set out in this Constitution;

“ex-officio” means a person who is appointed as a member by virtue of office;

“First Deputy Speaker” means the person elected as First Deputy Speaker in accordance with Article 82 (4);

“freedom fighter” means a person who fought for the independence of the former protectorate of Northern Rhodesia to become the Republic of Zambia;

“function” includes powers and duties;

“gender” means female or male and the role individuals play in society as a result of their sex and status;

“general election” means Presidential, National Assembly and local government elections when held on the same day;

“gross misconduct” means—

behaviour which brings a public office into disrepute, ridicule or contempt;

behaviour that is prejudicial or inimical to the economy or the security of the State;

an act of corruption; or

using or lending the prestige of an office to advance the private interests of that person, members of that person’s family or another person;

“health practitioner” means a person registered as a health practitioner as prescribed;

“High Court” means the High Court established in this Constitution;

“individual” means a natural person;

“judge” means a person appointed as a judge of a superior court;

“judgment” includes a decision, an order or decree of a court or an authority, as prescribed;

“judicial authority” means the power and right to perform judicial functions;

“judicial function” means the functions of the Judiciary set out in this Constitution;

“judicial officer” includes a magistrate, local court magistrate, registrar and such officers as prescribed;

“legislative authority” means the power and right to perform legislative functions;

“legislative functions” means the functions of the legislature set out in this Constitution;

“local authority” means a council and it’s secretariat consisting of persons appointed by the Local Government Service Commission;

“local government” means governance at the local level;

“local government elections tribunal” means a tribunal established in accordance with Article 159;

“Local Government Equalisation Fund” means a fund established in accordance with Article 163;

“mayor” means a person elected mayor of a city or municipal council in accordance with Article 154;

“Member of Parliament” means a person who is member of the National Assembly;

“Minister” means a Cabinet Minister; “ oath ” includes an affirmation;

“older member of society” means a person who has attained, or is above, the age of sixty years;

“opposition” means a political party which is not the political party in government;

“ordinarily resident” means residing in a place for a prescribed period of time;

“Parliament” means the President and the National Assembly;

“parliamentary committee” means a committee established in accordance with Article 80;

“pension benefit” includes a pension, compensation, gratuity or similar allowance in respect of a person’s service;

“person” means an individual, a company or an association of persons, whether corporate or unincorporate;

“person with disability” means a person with a permanent physical, mental, intellectual or sensory impairment;

“political party” means an association whose objectives include the contesting of elections in order to form government or influence the policy of the national or local government;

“power” includes privilege, authority and discretion;

“prescribed” means provided for in an Act of Parliament;

“President-elect” means the presidential candidate who has been declared by the Returning Officer as having won the presidential election;

“presidential candidate” means a person nominated to stand for election as President in accordance with Article 52 (1);

“presidential election” means an election to the office of President, and includes the election of a Vice-President as a running mate to the President;

“property” includes a vested or contingent right to, or interest in, or arising from—

land, permanent fixtures on, or improvements to, land;

goods or personal property;

intellectual property; or

money, choses in action or negotiable instruments;

“provincial administration” means the administrative secretariat established in accordance with Article 150;

“Provincial Minister” means a person appointed Provincial Minister by the President;

“public media” means media owned, operated or controlled by the Government;

“public office” means an office whose emoluments and expenses are a charge on the Consolidated Fund or other prescribed public fund and includes a State office, Constitutional office and an office in the public service, including that of a member of a commission;

“public officer” means a person holding or acting in a public office, but does not include a State officer, councillor, a Constitutional office holder, a judge and a judicial officer;

“public service” means service in the Civil Service, the Teaching Service, Defence Force and National Security Service, the Zambia Correctional Service, the Zambia Police Service, Emoluments Commission, State Audit Commission, Lands Commission, Electoral Commission, Human Rights Commission, Gender Equity and Equality Commission, the Anti-Corruption Commission, Drug EnforcementCommission, theAnti-Financial and Economic Crimes Commission, the Police and Public Complaints Commission, and service as a constitutional office holder, service in other offices, as prescribed;

“rights and freedoms” means the human rights and fundamental freedoms provided for in the Bill of Rights;

“republic” means the Republic of Zambia;

“returning officer” means a person who is a returning officer for a parliamentary or local authority election and “Returning Officer” means the Chairperson of the Electoral Commission in a presidential election;

“running mate” means a person who is selected by a presidential candidate to stand with the presidential candidate in a presidential election so that the person becomes the Vice-President if that presidential candidate is elected as President;

“Second Deputy Speaker” means the person elected as Second Deputy Speaker in accordance with Article 82 (5);

“Service Commission” means a commission established under Articles 218, 220, 222, 224, 225, 226, and 228;

“session” means a period not exceeding twelve months, within the term of the National Assembly, of sittings of the National Assembly, which commence on the first day of sitting after a general election or prorogation of Parliament and ends with a prorogation or dissolution of Parliament;

“sitting” means a meeting of the National Assembly, within a session, which concludes with an adjournment, and includes a parliamentary committee meeting;

“Speaker” means the person elected Speaker of the National Assembly in accordance with Article 82 (1);

“State institution” includes a ministry or department of the Government, a public office, agency, institution, statutory body, commission or company in which the Government or local authority has a controlling interest, other than a State organ;

“State office” includes the office of President, Vice-President, Speaker, Deputy Speaker, Member of Parliament, Minister and Provincial Minister;

“State officer” means a person holding or acting in a State office;

“State organ” means the Executive, Legislature or Judiciary;

“statutory instrument” means a proclamation, regulation, rule, by-law, order or other similar legal instrument made under a power conferred by this Constitution or an Act of Parliament;

“subordinate court” means a court subordinate to the High Court;

“sub-national” means an administrative division of government at provincial or district level;

“sub-structure” includes a district, ward and village;

“superior court” means the Supreme Court, Constitutional Court, Court of Appeal and High Court established in accordance with this Constitution;

“Supreme Court” means the Supreme Court established in this Constitution;

“tax” includes rates, levies, charges, tariffs, fees, tolls and duties;

“term” means a period of five years commencing when the National Assembly first sits, after a general election, and ending when Parliament is dissolved;

“Treasury” means the office, in the Ministry responsible for finance, which receives, keeps, receipts, manages and disburses public funds;

“Vice-President-elect” means the person declared as having been duly elected as a Vice-President after a presidential election;

“ward” means a unit into which a district is divided for purposes of electing councillors;

“young person” means a person who has attained the age of fifteen years, but is below the age of nineteen years; and

“youth” means a person who has attained the age of nineteen years, but is below the age of thirty-five years.

Article 267. Interpretation of Constitution

This Constitution shall be interpreted in accordance with the Bill of Rights and in a manner that—
1. promotes its purposes, values and principles;
2. permits the development of the law; and
3. contributes to good governance.
If there is a conflict between the English version of this Constitution and a different language version, the English version shall prevail.
A provision of this Constitution shall be construed according to the doctrine that the law is continuously in force and accordingly—
1. a function may be performed, as occasion requires, by the person holding the office to which the function is assigned;
2. a reference to a person holding an office includes a reference to the person lawfully performing the functions of that office at a particular time;
3. a reference to an office, State organ, State institution or locality shall be read with any modification necessary to make it applicable in the circumstances;
4. a reference in a provision applying that provision to another provision shall be read with any modification necessary to make it applicable in the circumstances and any reference to the modified provision shall apply as modified; and
5. a reference to an office, body or organisation, where that office, body or organisation has ceased to exist, is a reference to its successor or to the equivalent office, body or organisation performing the functions.
A provision of this Constitution to the effect that a person, an authority or institution is not subject to the direction or control of a person or an authority in the performance of a function, does not preclude a court from exercising jurisdiction in relation to a question as to whether that person, authority or institution has performed the function in accordance with this Constitution or other laws.

Article 268. Grammatical variation

In this Constitution, unless the context otherwise requires—

a word in the singular includes the plural and a word in the plural includes the singular; and
a word or expression defined, shall be read with any grammatical variation or similar expression of that word or expression.

Article 269. Computation of time

For the purposes of this Constitution, in computing time, unless a contrary intention is expressed—

a period of days from the happening of an event or the doing of an act shall be considered to be exclusive of the day on which the event happens or the act is done;
if the last day of the period is a Saturday, Sunday or public holiday (“excluded day”), the period shall include the next day;
where an act or a proceeding is directed or allowed to be done or taken on a specified day and that day is an excluded day, the act or proceeding shall be considered as done or taken in due time if it is done or taken the next day; and
where an act or a proceeding is directed or allowed to be done or taken within a time not exceeding six days, an excluded day shall not be counted in the computation of the time.

Article 270. Power to appoint includes power to remove

In this Constitution, unless a contrary intention is expressed, power to appoint a person to hold or act in an office includes the power to confirm appointments, to exercise disciplinary control over the person holding or acting in the office and to remove that person from office.

Article 271. Implied power

In this Constitution, a power given to a person or an authority to do or enforce the doing of an act, includes the necessary and ancillary powers to enable that person or authority to do or enforce the doing of the act.

Article 272. Legislation to give effect to Constitution

Parliament may enact legislation to give effect to an Article or a provision in this Constitution which—

confers a function or jurisdiction on a person, office, institution, council or commission;
provides for a process or procedure to be taken, followed or prescribed;
requires an action, a measure or decision to be taken or provided;
requires a remedy or compensation to be given;
prohibits an action or measure;
deals with a specific subject-matter or general matter that would require to be legislated on in order to give effect to the Constitution; or
generally requires something to be prescribed.

Article 273. Power to make statutory instrument, resolutio nor direction

In this Constitution, a power conferred on a person or an authority to make a statutory instrument, a resolution or direction, includes the power to amend or revoke the statutory instrument, resolution or direction.