MINISTRY OF JUSTICE PROPOSED ARTICLES AND CLAUSES TO BE AMENDED IN THE ZAMBIAN CONSTITUTION – 2025
Shared by Augustine Mwewa (Aspiring Member of Parliament for Bahati Constituency in Mansa)
47. (2) Elections to the National Assembly shall be conducted under
a first-past-the-post electoral system in accordance with Article 68.
52. (2) A returning officer shall, immediately on the filing of a
nomination paper, in accordance with clause (1), duly reject the
nomination paper if the candidate does not meet the qualifications
or procedural requirements specified for election to that office.
57. (1) Where a vacancy occurs in the office of Member of
Parliament, mayor, council chairperson or councillor, a by-election
shall be held within ninety days of the occurrence of the vacancy.
(2) A by-election shall not be held within the one hundred-and eighty
day period that precedes a general election.
(3) The Electoral Commission shall, by regulation, set the place
where, and the date and time when, a by-election is to be held.
58. (1) Zambia shall be divided into constituencies and wards
for purposes of elections to the National Assembly and councils,
respectively.
(2) The number of constituencies shall be equal to the number
of seats of elected members in the National Assembly.
(3) The number of wards in a district shall be prescribed.
(4) The Electoral Commission shall determine the names and
boundaries of constituencies and wards.
(5) The Electoral Commission shall, at intervals of not more
than ten years, review the names and boundaries of constituencies
and wards.
(6) The names and details of the boundaries of constituencies
and wards shall be published in the Gazette and shall come into
effect on the next dissolution of Parliament or councils.
(7) A person may apply to the Constitutional Court for review
of a decision of the Electoral Commission made under this Article.
68. (1) A Member of Parliament shall be elected in
accordance with Article 47 (2) and this Article.
(2) The National Assembly shall consist of—
(a) one hundred and fifty-six members directly elected on
the basis of a simple majority vote under the first-past the-
post system;
(b) not more than eight nominated members;
(c) the Vice-President;
(d) the Speaker; and
(e) the First and Second Deputy Speakers.
73. (2) An election petition shall be heard within ninety days of the
filing of the petition.
81. (1) The term of Parliament shall be five years commencing
from the date that the Members of Parliament are sworn into office
after a general election and ending on the date that Parliament is
dissolved.
(2) The National Assembly may, when the Republic is at war,
by resolution supported by a simple majority vote of the Members
of Parliament, extend the term of Parliament for not more than
twelve months at a time.
(3) Parliament shall stand dissolved ninety days before the
holding of the next general election.
(4) Subject to clauses (5), (6) and (7), the President may
dissolve Parliament if the Executive cannot effectively govern the
Republic due to the failure of the National Assembly to objectively
and reasonably carry out its legislative function.
(5) Where the President intends to dissolve Parliament in
accordance with clause (4), the President shall inform the public
and refer the matter, within seven days, to the Constitutional Court.
(6) The Constitutional Court shall hear the matter, referred to
it in accordance with clause (5), within seven days of receipt of the
matter.
(7) The Constitutional Court shall, where it decides that the
situation in clause (4) exists, inform the President and the President
shall dissolve Parliament.
(8) Where Parliament is dissolved under clauses (3) and (4),
the President shall, until the President-elect assumes office, continue
to perform the executive functions, in accordance with Article 104.
(9) Where Parliament is dissolved under clauses (3) and (4),
general elections shall be held within ninety days of the dissolution.
(10) The President may, due to a state of war, state of public
emergency or threatened state of public emergency, after the
dissolution of Parliament and before the holding of general elections,
recall the National Assembly that was dissolved.
(11) The President may, in consultation with the Speaker,
prorogue Parliament by proclamation.
101. (5) The Constitutional Court shall hear an election petition filed
in accordance with clause (4) within fourteen days of the filing of
the petition.
103. (2) The Constitutional Court shall hear an election petition
relating to the President-elect within fourteen days of the filing of
the petition.
116. (1) The President shall appoint a prescribed number
of Members of Parliament as Ministers.
(2) A Minister shall be responsible, under the direction of the
President, for the policy and strategic direction of a Ministry,
department or other State institution, as assigned by the President.
(3) The office of Minister becomes vacant if—
(a) the Minister is removed from office by the President;
(b) the Minister resigns, by notice in writing to the President;
(c) in the case of a nominated Member of Parliament, the
nomination is revoked;
(d) the Minister dies;
(e) another person assumes the office of President; or
(f) the Minister has a mental or physical disability that makes
the Minister incapable of performing the functions of
that office.
153. (2) A council shall consist of the following councillors—
(a) persons elected in accordance with clause (1);
(b) a mayor or council chairperson elected in accordance
with Article 154; and
(c) not more than three chiefs representing chiefs in the district,
elected by the chiefs in the district.
154. (1) There shall be a mayor and deputy mayor or council
chairperson and deputy council chairperson for every council, as
prescribed.
(2) A mayor and council chairperson shall be elected—
(a) directly, in accordance with Article 47 (3) during elections
for councillors, as prescribed; and
(b) for a term of five years and may be re-elected for one
further term of five years.
(3) A deputy mayor and a deputy council chairperson shall be
elected by the councillors from amongst themselves.
176. (1) There shall be a Secretary to the Cabinet who shall
be appointed by the President, in consultation with the Civil Service
Commission, subject to ratification by the National Assembly.
(2) The Secretary to the Cabinet shall—
(a) be chief advisor to the President on the management of
the public service;
(b) be the head of the public service and responsible to the
President for securing the general efficiency and
effectiveness of the public service;
(c) ensure that public services are delivered to the public
efficiently;
(d) in accordance with instructions of the President—
(i) arrange the affairs of Cabinet;
(ii) attend meetings of Cabinet;
(iii) cause to be written and kept minutes of meetings
of Cabinet; and
(iv) convey decisions made by Cabinet to appropriate
authorities;
(e) monitor the implementation of Government policies and
Cabinet decisions; and
(f) perform other functions as prescribed.
(3) A person qualifies to be appointed as Secretary to the
Cabinet if that person has or had at least ten years’ experience as a
permanent secretary or equivalent rank.
(4) The term of office of the Secretary to the Cabinet shall be
five years, subject to renewal for further terms.
(5) The Secretary to the Cabinet may resign from office by
giving three months’ notice, in writing, to the President.
178. (1) The office of the Attorney-General becomes vacant if—
(b) another person assumes the office of President;
179. (4) The office of Solicitor-General becomes vacant if—
(b) another person assumes the office of President;
266. To be amended to include new definitions