GROUP STUDY QUESTIONS - BLL 242

1. Why are the statements in the preamble of the Zambian

Constitution considered broad and vague, and what
implication does this have on their enforceability?

The statements in the preamble are considered broad and

vague because they outline general objectives rather than
specific directives. As a result, these statements are not
enforceable but are instead effectualized through the
substantive provisions in the body of the Constitution.

2. What is the significance of the cases Christine Mulundika and

7 Others (1995) ZLR 1 and Thomas Mumba v The People
(1984) ZLR 38 in relation to the supremacy of the Zambian
Constitution?

These cases illustrate the application of the principle that

any law inconsistent with the Constitution is null and void to
the extent of its inconsistency, emphasizing the
Constitution's supremacy as the primary source of law.

3. What are the limitations on the President’s power to pardon

individuals according to Article 97 of the Zambian
Constitution?

The President's power to pardon is subject to the advice of an

Advisory Committee, which the President appoints. This
includes substituting a less severe form of punishment,
remitting fines, forfeitures, or penalties, but must be done
following the Committee's advice.

4. Under what circumstances can the immunity of a former

President be lifted according to the Zambian Constitution, and
what is the procedure for this?

The immunity of a former President can be lifted if there is

evidence that an offence was committed during their tenure.
The President must submit a report to the National Assembly
outlining the grounds for the offence. The National Assembly
then constitutes a select committee to scrutinize the grounds
and, if substantiated, the Assembly can remove the
immunity by a resolution supported by at least two-thirds of
its members.

Election of the President

5. If a presidential candidate does not receive more than 50% of
the votes, what is the procedure according to Article 101(8) of
the Zambian Constitution?

If no candidate receives more than 50% of the votes, a

second ballot (runoff) is conducted within 37 days between
the two candidates who received the most votes. The
candidate with the majority of votes in the second ballot
wins.

Legislative Process

6. Describe the process and significance of the Committee stage

in the passage of a bill in the Zambian National Assembly.

During the Committee stage, the bill is referred to a relevant

committee after its first reading. The committee scrutinizes
the bill in detail, discusses its provisions, and may propose
amendments. This stage is crucial for ensuring the bill's
effectiveness and alignment with constitutional values before
it proceeds to the second reading.

Impeachment Process

7. What role does the Chief Justice play in the impeachment

process of the President in Zambia?

If the National Assembly supports an impeachment motion

by at least two-thirds of its members, the Chief Justice, in
consultation with the Judicial Service Commission,
constitutes a tribunal to investigate the allegations. The
tribunal's findings are then presented to the Assembly,
which decides whether the President should be removed from
office.

Cabinet Ministers

8. What are the responsibilities of Provincial Ministers in Zambia

according to Articles 116 and 117?

Provincial Ministers ensure that the concurrent functions of

the province and the exclusive functions of local authorities
are performed according to the Constitution and other laws.
They are appointed for each province and are responsible for
policy and strategic direction within their assigned areas
under the direction of the President.

Human Rights and Interpretation

9. How do the national values and principles listed in Article 8 of
the Zambian Constitution influence the interpretation of the
Constitution and laws?

The national values and principles, such as morality, ethics,

patriotism, democracy, and social justice, must be
considered when interpreting the Constitution, enacting
laws, and developing state policies. They serve as guiding
principles ensuring that the laws and policies align with the
overarching ethical and moral framework set by the
Constitution.

Election of a Vice President

10. Explain the qualifications and disqualifications for a Vice

President in Zambia, as per Article 110.

The qualifications and disqualifications for a Vice President

are identical to those for a Presidential candidate. This
includes being a citizen by birth or descent, at least 35 years
old, a registered voter, fluent in English, having a minimum
qualification of Grade 12 or its equivalent, and not holding
dual citizenship, among other criteria.