ZAMBIAN

CONSTITUTION
AL HISTORY

Antonios Maniatis

Academic Fellow of the

University of Patras, Greece
Dimosthenous Street, 5,
Kalamata, P.C. 24131
E-class: Public Law of Zambia
https://eclass.Gunet.Gr/modules/d
ocument/?Course=lawgu288
KEYWORDS
 African constitutionalism

 Barotseland

 Constitutional History

 Constitutional Law

 Zambia
  Northern Rhodesia acquainted with the phenomenon of
INTRODUCTIO ‘’constitutions’’, granted by the UK. The objective of the current study
N is to focus on the constitutional history of the Republic of Zambia
(1964 - 2019).
Flag of Northern Rhodesia
  Accompanied by an Act of Independence by the British
THE 1964 Parliament, the Zambia Independence Order’s Schedule II set forth
CONSTITUTIO the Constitution of Zambia, recognizing explicitly Zambia as a
N (FIRST sovereign Republic instead of the ‘’former Protectorate of
Northern Rhodesia’’, from 24 October and on. It is no coincidence
REPUBLIC) that in this Constitution there was no clause on the 1964
Barotseland Agreement. The Constitution, granted by the UK,
introduced:
The Barotseland Agreement
 a Republic with the new name
‘’Republic of Zambia’’ (like the
Republic of Cyprus, not a monarchical
form of the head of State)
 Presidentialism.
 1969 the dramatic year of political
conflicts:
 1969: A ‘’referendum to put end to
all referenda’’ as for the constitutional
amendment process (to facilitate
limitations on the right to property,
but it facilitated the replacement of
First Republic by the one-party
Second Republic)
 1969: Renaming of Barotseland to
Western Province - Illegal termination
of the 1964 Barotseland Agreement
Flag of Zambia
  In 1972, the government announced that it had decided to turn the country into
THE 1964 a one-party State, in the interest of unity and economic development (already

CONSTITUTIO done by the new Republic of Tanzania)

 The Second Republic adopted the one-party Constitution (autochthonous,
N (FIRST authoritarian form of State, enhancing the presidential rule)
REPUBLIC)  The Constitution introduced the novelty of Investiggator General, a figure
analogous to the trend of Ombudsman
 4. The 1991 Constitution (Third Republic)

 The Post-cold war era implicated the collapse of the Second Republic (1972-1991) and the
emergence
 Of the 1991 Constitution, previewing democratic governance (presidentialism, neo-
constitutionalism) and
 Political alternance, the first one in Zambian history and

 just the third one second in African former colonies (the first and unique Republican
President Kenneth David Kaunda was defeated)
 The 1996 version of the 1991 Constitution

 In 1996 through the amendment of the 1991 Constitution every part of the Constitution was repealed and replaced, with the
unique exception of the Bill of Rights (Part III), which is very similar to the Bill of Rights of the 1964 Constitution.
 The 1996 version

 Restricted the participation of Zambians in the electoral process (prohibition for a chief to be qualified for election as a
member of the National Assembly, exclusion of Kaunda from standing for the presidency in the 1996 elections)
 For the first time in Zambian Constitutional History, institutionalized Christianism, by inserting in the Preamble a provision
to declare
 ‘’ the Republic a Christian Nation while upholding the right of every person to enjoy that person’s freedom of conscience
or religion ’’.
 The 2003 Constitutional review process

 A new attempt at comprehensive constitutional review, the 4 th one, was launched in 2003. The draft constitution, which was produced,
was seen as progressive, but the whole process was later suspended.
 The 2006 Constitutional review process

 President Mwanawasa in December 2006 presented a lengthy 14-step roadmap for constitutional change spreading over 5 years (5 th
constitutional review process). Through a compromise, in August 2007 the “National Constitutional Conference’’ (NCC) Bill was
adopted, mandating the NCC to draft a new Constitution. The NCC had no legislative powers and was boycotted by the Catholic Church
and the party ‘’Patriotic Front’’. The draft constitution was presented to the Parliament for enactment and in a grotesque turn of events,
UPND, which fully participated in preparing that text, did not approve it when the vote was called in the National Assembly.
 When the aforementioned politician Sata became President in 2011, he proceeded to appoint a Technical Committee to redraft a
new Constitution. Many people felt that the Committee was the sixth Constitutional Review Commission.
1.The 2016 version of the 1991 Constitution
• In January 2015, sixth President Edgar Chagwa Lungu, coming from the Patriotic Front, promised to deliver a new Constitution, to which he assented on 5 January
2016.The 2016 version of the 1991 Constitution (as it was amended in 1996) 1has been considered as very progressive as many, if not all,
•of the submissions that were made to the Mung’omba Constitutional Review Commission have been included, with the exception of the creation of the
•provincial parliaments, 2. caused complaints of the opposition about one clause, that of the requirement of a minimum academic qualification of Grade 12 for one citizen
•to become a Member of Parliament or Councilor. 3 includes a new disposition in the Preamble, according to which the people of Zambia acknowledge the supremacy of God Almighty.
3.Introduces in the preamble the multi-religious character of the Nation.
9. THE 2019 CONSTITUTION AMENDMENT
BILL

 In June 2019, the Constitution of Zambia (Amendment) Bill, No. 10 of 2019, was adopted, which aims to amend the 2016 version of the
1991 Constitution in significant respects, such as
 The deletion of the multi-religious character of the Nation,

 the institutionalization of Christian morality and ethics among the national values and principles,

 The possibilities for a ‘’coalition’’ government and

 a new electoral system for the legislature.

10. CONCLUSION

 1. The 1964 Constitution followed the post-colonial model of a democratic State, in the form of a presidential

(non-parliamentary) Republic. The presidential model was combined with some limitations, inspired by the model of

Parliamentary Republic, like the system of joint election of parliamentarians and the President.
 Zambia did not abstain from the rule of political abnormality, such as inter alia the illegal dissolution of the old Kingdom of Barotseland
and the fact that the one-man authority (presidentialism) was completed by the one-parthy

State (oligarchy).
10. CONCLUSION
 3. As for the collapse of the one-party regime, the emergence of a democratic Republic based on a new, liberal

Constitution exemplifies, once again, the African constitutional history, as in the 1990s began the movement of neo-constitutionalism,
putting the stress on the better consecration of fundamental rights.
 4. In the second, current period of neo-constitutionalism, presidentialism has been intense, like perhaps all the rest

problems of constitutional context, such as lack in consecration of fundamental right and ‘’Byzantinism’’ in the operation of the State,
exemplified by the constitutional amendment process.
 5. Neo-constitutionalism is characterized by an intense political and constitutional interference of the Christian churches and the
emergence of Christianism as an official component of the State, which keeps adopting Western cultural points of reference. In clear
opposition to the international tendency to adopt the model of secular State, Zambia has gradually adopted the opposite model in its
Constitution.