Topic: Constitution
Subtopic: Types and Structure of the Constitution
A constitution is the supreme (highest) law of a nation. It is a legal document that outlines how a country should be governed, defines the structure and functions of government branches, and protects the rights and freedoms of citizens. Because it is the supreme law, any other law made by parliament that contradicts the constitution is null and void (invalid).
Every citizen, including the President, must respect and follow the constitution. This is known as the rule of law.
MAIN PARTS OF THE ZAMBIAN CONSTITUTION
The Zambian Constitution is written down in a single document. It is organised into structured sections called "Parts" and "Schedules" to make it easy to read and understand. Each part has a specific focus and contains rules about a particular area of national governance.
Below is a detailed overview of the main parts of the Zambian Constitution that form the foundation of the country's legal and political system:
1. The Preamble
This is the introductory part of the constitution. It does not contain laws, but it sets out the vision, values, history, and aspirations of the Zambian nation. For example, the Zambian Preamble declares Zambia as a sovereign democratic state and declares Zambia as a Christian nation while upholding the right to freedom of conscience and religion.
2. Part II: Citizenship
This part explains how a person can become a citizen of Zambia and how citizenship can be lost. Under Zambian law, there are different ways of acquiring citizenship, such as:
• Citizenship by Birth: For individuals born in Zambia to parents who are Zambian citizens.
• Citizenship by Descent: For individuals born outside Zambia but whose parents are Zambian.
• Citizenship by Registration: For foreign nationals who apply to become citizens after meeting specific legal requirements (e.g., marrying a Zambian citizen or living in the country for a long period).
This part also contains rules regarding dual citizenship, allowing a Zambian to hold the citizenship of another country without losing their Zambian status.
3. Part III: Protection of Fundamental Rights and Freedoms (The Bill of Rights)
This is one of the most important parts of the constitution. It protects the basic human rights of all people in Zambia. These rights include the right to life, personal liberty, freedom of expression, freedom of association, and protection from discrimination or torture.
4. Part IV: The Executive
This part outlines the structure and powers of the executive branch of government, which is responsible for administering and running the country on a daily basis. It describes the qualifications, election, powers, and duties of:
• The President (who is the Head of State and Government, and Commander-in-Chief of the Armed Forces).
• The Vice-President.
• The Cabinet Ministers and Provincial Ministers.
5. Part V: The Legislature (Parliament)
This part deals with the law-making body of Zambia. It outlines the composition of the National Assembly, the qualifications for election as a Member of Parliament (MP), and the process of how bills (proposed laws) are debated and passed into laws (Acts of Parliament).
6. Part VI: The Judicature (The Judiciary)
The Judicature is the judicial branch of government, which is responsible for interpreting the laws of Zambia and administering justice. This part outlines the court hierarchy, including:
• The Supreme Court.
• The Constitutional Court.
• The Court of Appeal.
• The High Court.
• Subordinate Courts, Small Claims Courts, and Local Courts.
It also guarantees the independence of the judiciary, ensuring that judges can make fair decisions without interference from the President or Parliament.
7. Part VII: House of Chiefs
To preserve traditional leadership and culture, the Zambian Constitution establishes the House of Chiefs. This part outlines how chiefs from all ten provinces of Zambia are selected to sit in this advisory body. The House of Chiefs advises the government on traditional, cultural, and customary matters, helping to resolve local disputes and preserve Zambian heritage.
| Part of Constitution |
Key Areas Covered |
Real-life Example of Application |
| Preamble |
National values, Christian nation declaration, sovereignty. |
Reciting national values at public events and school assemblies. |
| Citizenship |
Acquisition, loss, and restoration of citizenship; dual citizenship. |
A child born in Lusaka to Zambian parents automatically receives a National Registration Card (NRC) at age 16. |
| Executive |
President's powers, cabinet ministers, government operations. |
The President appointing Cabinet Ministers to head different ministries like Education or Health. |
| Judicature |
Structure of courts, appointment of judges, judicial independence. |
The High Court or Constitutional Court hearing a dispute regarding election results. |
| House of Chiefs |
Representation of traditional leaders, role of chiefs in development. |
Traditional rulers meeting to advise the government on how customary land is shared in rural areas. |
PROCESS OF CONSTITUTION MAKING AND ADOPTION
Developing and finalizing a constitution involves two major stages: constitution-making (creating the laws) and adoption (giving the document legal power).
• Constitution-Making: This is the process of collecting views from citizens, debating those views, and drafting the actual text of the constitution.
• Constitution Adoption: This is the formal process of approving the drafted constitution so that it becomes the official law of the land.
In Zambia, several different bodies and methods are used to carry out these processes.
1. Constitution Review Commissions (CRCs)
A Constitution Review Commission is a special committee of experts set up by the President under the Inquiries Act. Their job is to travel across the country to gather public opinions (petitions) from citizens on what laws should be included in the new constitution. After collecting these views, the commission analyses them and writes a report and a draft constitution.
In Zambia's history, several CRCs have been appointed:
• The Chona Commission (1972): Led to the establishment of a one-party state (Second Republic).
• The Mvunga Commission (1990): Led to the return of multi-party democracy (Third Republic).
• The Mwanakatwe Commission (1993): Recommended that the constitution be adopted through a Constituent Assembly, but the government rejected this.
• The Mung'omba Commission (2003): Gathered views that shaped modern amendments, including recommendations for a 50%+1 presidential winning threshold.
2. National Debate and Public Consultation
During this stage, citizens participate in public debates, workshops, and radio programmes to discuss the draft constitution. This allows ordinary Zambians, civil society organisations, churches, and political parties to share their opinions on what is good or bad in the draft.
3. Constituent Assembly / Constitutional Conference
A Constituent Assembly is a large body of representatives chosen from different groups of society (such as teachers, youth, churches, chiefs, trade unions, and politicians). Their job is to read, debate, and approve the draft constitution page by page.
• Note: A Constitutional Conference (such as the National Constitutional Conference - NCC, held in Zambia under the NCC Act of 2007) is a similar representative body used to debate and refine the draft before it goes to the final stage.
4. Parliament
Once the draft constitution has been agreed upon, it is presented to Parliament (the National Assembly). Members of Parliament debate the clauses and vote on them. If the bill passes, it is sent to the President to sign (assent) into law. This process is called Enactment.
5. National Referendum
A referendum is a direct vote where all eligible citizens in the country vote "Yes" or "No" on a specific national issue. In constitution-making, a referendum is used to adopt very sensitive parts of the constitution, such as the Bill of Rights (Part III). According to Zambian law, Parliament cannot change the Bill of Rights unless the citizens themselves approve the changes through a national referendum.
SUMMARY
• The constitution is the supreme law of Zambia. All other laws must align with it.
• The structure of the Zambian Constitution is broken into parts, including the Preamble, Citizenship, Executive, Judicature, and House of Chiefs.
• Citizenship can be obtained by birth, descent, or registration. Dual citizenship is legally allowed in Zambia.
• The Judicature represents the courts of law, which must remain independent to protect justice.
• The House of Chiefs ensures that traditional governance and culture are respected and integrated into national development.
• Constitution-making involves collecting public views through a Constitution Review Commission (CRC).
• Adoption of the constitution can be done by Parliament (Enactment) or through a National Referendum (for sensitive parts like the Bill of Rights).
KEY TERMS
• Preamble: The introductory part of the constitution stating its origins, purposes, and national values.
• Enactment: The process of making a bill into an official law by Parliament and presidential assent.
• Referendum: A popular vote by the entire electorate on a single political question.
• Constituent Assembly: A body of representatives from various interest groups gathered to draft or adopt a constitution.
• Dual Citizenship: Legal status where a person is concurrently regarded as a citizen of two different sovereign states.
REVISION QUESTIONS
1. Define the term "constitution" and explain why it is referred to as the supreme law of the land.
2. What is the significance of the Preamble in the Zambian Constitution?
3. List and explain the three main ways an individual can acquire citizenship in Zambia.
4. Why is the Judicature guaranteed independence under the Zambian Constitution?
5. Describe the role of the House of Chiefs in Zambia's democratic framework.
6. Contrast the functions of the Executive and the Legislature branches of the Zambian government.
7. What is a Constitution Review Commission (CRC), and what is its primary role in constitution-making?
8. Name any three CRCs that have been established in Zambia since independence, and state one key feature of each.
9. Explain the difference between "constitution-making" and "constitution adoption".
10. Under what circumstances is a national referendum required in the process of amending the Zambian Constitution?
PRACTICE EXERCISE
Answer the following questions in your exercise book:
1. Which part of the Zambian Constitution contains the declaration of Zambia as a Christian nation?
A. Part II (Citizenship)
B. The Preamble
C. Part VI (Judicature)
D. Part III (Bill of Rights)
2. A foreign national who has lived in Zambia for many years and wants to become a citizen would apply for:
A. Citizenship by Birth
B. Citizenship by Descent
C. Citizenship by Registration
D. Citizenship by Adoption
3. Which body of the state is responsible for debating and passing laws in Zambia?
A. The Executive
B. The Judicature
C. The House of Chiefs
D. Parliament
4. The Commission which recommended the return of multi-party politics in Zambia in 1990 was the:
A. Chona Commission
B. Mvunga Commission
C. Mwanakatwe Commission
D. Mung'omba Commission
5. A body made up of representatives from various civil society groups, churches, and professional bodies to debate and adopt a draft constitution is called a:
A. Cabinet meeting
B. Constituent Assembly
C. Parliamentary Committee
D. Judicial Service Commission
6. State three reasons why it is important for ordinary citizens to participate in national debates during the constitution-making process.
ANSWERS TO PRACTICE EXERCISE
1. B — The Preamble contains the introductory principles and values of the nation, including the declaration of Zambia as a Christian nation.
2. C — Foreign nationals who meet the legal residency requirements can apply for citizenship by registration.
3. D — Parliament (the Legislature) is the body responsible for making, amending, and passing national laws.
4. B — The Mvunga Commission of 1990 collected public views which led to the transition from a one-party state to multi-party democracy in 1991.
5. B — A Constituent Assembly is a representative body specifically gathered to debate and approve a draft constitution.
6. Three reasons why ordinary citizens should participate in national debates:
* It ensures the constitution represents the true wishes and interests of the people (popular ownership).
* It promotes transparency and reduces the chances of politicians creating a constitution that only benefits themselves.
* It educates citizens on their basic human rights and national laws, which helps them defend their rights in the future.