Zambia

Constitution of Zambia (1991, amended 2009)

Updated: June 2015

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Article 75, clause 1 states:

Every citizen of Zambia who has attained the age of eighteen years shall, unless he is disqualified by Parliament from registration as a voter for the purposes of elections to the National Assembly, be entitled to be registered as such a voter under a law in that behalf, and no other person may be so registered.

 

Excerpt from the Constitution of Zambia (1991, last amended 2009)

 


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Article 6, clause 2 states:

An application for registration as a citizen under this Article shall not be made by or on behalf of any person who, under any law in force in Zambia, is adjudged or otherwise declared to be of unsound mind.

 

Article 13, clause 1 states:

No person shall be deprived of his personal liberty except as may be authorised by law in any of the following cases:  …

  • (g) for the purpose of preventing the spread of an infectious or contagious disease; 
  • (h) in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of this care or treatment or the protection of the community…

 

Article 36 states:

(1) If it is resolved by a majority of all the members of the Cabinet that the question of the physical or mental capacity of the President to discharge the functions of his office ought to be investigated, and they so inform the Chief Justice, then the Chief Justice shall appoint a board consisting of not less than three persons selected by him from among persons who are qualified as medical practitioners under the law of Zambia or under the law of any other country in the Commonwealth, and the board shall inquire into the matter and report to the Chief Justice on whether or not the President is, by reason of any infirmity of body or mind, incapable of discharging the functions of his office. 

(2) If the board reports that the President is incapable of discharging the functions of his office, the Chief Justice shall certify in writing accordingly and shall table such certificate, with the report of the board before the National Assembly who shall on a motion, passed by a two thirds majority --

  • (a) ratify the decision of the board, and thereupon the President shall cease to hold office; or 
  • (b) reject the decision of the board and cause a further inquiry into whether or not the President is incapable of discharging the functions of his office and shall thereafter decide on such questions by a two-thirds majority vote, which decision shall be final. 

(3) Where the Cabinet resolve that the question of the physical or mental capacity of the President to discharge the functions of his office shall be investigated, the President shall, until another person assumes the office of President or the Board appointed under clause (1) reports that the President is not incapable of discharging the functions of his office, whichever is earlier, cease to perform the functions of his office and those functions shall be performed by -- 

  • (a) the Vice-President; or 
  • (b) in the absence of the Vice-President or if the Vice-President is unable, by reason of physical or mental infirmity, to discharge the functions of his office, by such member of the Cabinet as the Cabinet shall elect:  Provided that any person performing the functions of the office of President under this clause shall not dissolve the National Assembly nor, except on the advice of the Cabinet, revoke any appointment made by the President. 

(4) A motion for the purposes of clause (1) may be proposed at any meeting of the Cabinet.

 

Article 38, clause 2 states:

Whenever the office of President becomes vacant, the Vice-President or, in the absence of the Vice-President or if the Vice-President is unable, by reason of physical or mental infirmity, to discharge the functions of his office, a member of the Cabinet elected by the Cabinet shall perform the functions of the office of President until a person elected as President in accordance with Article 34 assumes office.

 

Article 39 states:

(1) Whenever the President is absent from Zambia or considers it desirable so to do by reason of illness or for any other cause, he may by direction in writing, authorise the Vice-President, or where the Vice-President is absent from Zambia or incapable of discharging the functions of the office of President, any other person, to discharge such functions of the office of President as he may specify, and the Vice-President or such other person may discharge those functions until his authority is revoked by the President. 

(2) If the President is incapable by reason of physical or mental infirmity of discharging the functions of his office and the infirmity is of such a nature that the President is unable to authorize another person under this Article to perform those functions -- 

  • (a) the Vice-President; or 
  • (b) during any period when the Vice-President is absent from Zambia or is himself, by reason of physical or mental infirmity, unable to perform the functions of his office, such member of the Cabinet as the Cabinet shall elect;  shall perform the functions of the office of President: Provided that any person performing the functions of the office of President under this clause shall not dissolve the National Assembly nor, except on the advice of the Cabinet, revoke any appointment made by the President. 

(3) Any person performing the functions of the office of President by virtue of clause (2) shall cease to perform those functions if he is notified by the Speaker that the President is about to resume those functions or if another person is elected as, and assumes the office of, President. 

(4) For the purpose of clause (2), a certificate of the Chief Justice that --

  • (a) the President is incapable by reason of physical or mental infirmity of discharging the functions of his office and that the infirmity is of such a nature that the President is unable to authorise another person under this Article to perform those functions; or 
  • (b) the Vice-President is by reason of physical or mental infirmity unable to discharge the functions of his office:  shall be of no effect until such certificate is verified by the National Assembly:  Provided that any such certificate as is referred to in paragraph (a) shall cease to have effect if the President notifies any person under clause (3) that he is about to resume the functions of the office of the President or if another person is elected as, and assumes the office of, President.

 

Article 55, clause 5 states:

Any power or duty imposed on the Attorney-General by this Constitution or any other written law may be exercised or performed by the Solicitor General -- 

  • (a) whenever the Attorney-General is unable to act owing to illness or absence; and 
  • (b) in any case where the Attorney-General has authorised the Solicitor-General to do so.

 

Article 57 states:

Whenever the Director of Public Prosecutions is absent from Zambia or the President considers it desirable so to do by reason of the illness of the Director of Public Prosecutions or for any other cause, he may on the advice of the Judicial Service Commission appoint any person to discharge the functions of the Director of Public Prosecutions until such appointment is revoked.

 

Article 58 states:

…(2) A person holding the office of Director of Public Prosecutions may be removed from office only for incompetence or inability to perform the functions of his office whether arising from infirmity of body or mind or misbehaviour and shall not be so removed except in accordance with the provisions of this Article. 

(3) If the President considers that the question of removing a person holding the office of Director of Public Prosecution from office ought to be investigated, then -- 

  • (a) he shall appoint a tribunal which shall consist of a Chairman and not less than two other members, who hold or have held high judicial office; 
  • (b) the tribunal shall inquire into the matter and report on the facts thereof to the President and advise the President whether the person holding the office of Director of Public Prosecutions ought to be removed from office under this Article for incompetence or inability or for misbehavior. 

(4) Where a tribunal appointed under clause (3) advises the President that a person holding the office of Director of Public Prosecutions ought to be removed from office for incompetence or inability or for misbehaviour, the President shall remove such person from office. 

(5) If the question of removing a person holding the office of Director of Public Prosecutions from office has been referred to a tribunal under this Article, the President may suspend that person from performing the functions of his office, and any such suspension may at any time be revoked by the President and shall in any case cease to have effect if the tribunal advises the President that the person ought not to be removed from office.

 

Article 64 states:

Subject to Article 65, a person shall be qualified to be elected as a member of the National Assembly if -- …

  • (c) he is literate and conversant with the official language of Zambia.

 

Article 65, clause 1 states:

No person shall be qualified to be elected as a member of the National Assembly…

  • (b) who is, under any law in force in Zambia, adjudged or otherwise declared to be of unsound mind…

 

Article 71, clause 3 states:

Notwithstanding anything contained in clause (2), where any member of the National Assembly who has been sentenced to death or imprisonment, adjudged or declared to be of unsound mind, adjudged or declared bankrupt or convicted or reported guilty of any offence prescribed under clause (4) of Article 65 appeals against the decision or applied for a free pardon in accordance with any law, the decision shall not have effect for the purpose of this Article until the final determination of such appeal or application…

 

Article 90 states:

(5) A person appointed as Investigator-General may be removed from office for incompetence or inability to perform the functions of his office (whether arising from infirmity of body or mind or from any other cause) or from misbehaviour, but shall not be so removed except in accordance with the provisions of this Article. 

(6) If the National Assembly by resolution supported by the votes of not less than two-thirds of all the members of that House, resolves that the question of removing the Investigator-General ought to be investigated, the Speaker of the National Assembly shall send a copy to the Chief Justice who shall appoint a tribunal consisting of a Chairman and two other persons to inquire into the matter. 

(7) The Chairman and one other member of the tribunal shall be persons who hold or have held high judicial office. 

(8) The tribunal shall inquire into the matter and report thereon to the President. 

(9) Where such a tribunal advises the President that the Investigator-General ought to be removed from office for incompetence or inability or for misbehaviour, the President shall remove the Investigator-General from office. 

(10) If the question of removing the Investigator-General from office has been referred to a tribunal under this Article, the President may suspend him from performing any functions of his office, and any such suspension may at any time be revoked by the President and shall in any case cease to have effect if the tribunal shall advise the President that the Investigator-General ought not to be removed. 

(11) If there is a vacancy in the office of the Investigator-General, or if the Investigator-General is temporarily absent from Zambia or otherwise unable to exercise the functions of his office, the President may appoint a person qualified to be a Judge of the High Court to exercise the functions of the office of the Investigator-General under this Article…

 

Article 93 states:

…(3) If the office of Chief Justice is vacant or if the Chief Justice is on leave or is for any reason unable to perform the functions of that office, then, until a person has been appointed to, and has assumed the functions of, that office or until the person holding that office has resumed those functions, as the case may be, the President may appoint the Deputy Chief Justice or a Supreme Court judge to perform such functions. 

(4) Without prejudice to the generality of clause (5), if the office of Deputy Chief Justice is vacant or the Deputy Chief Justice is on leave or is for any other reason unable to perform the functions of his office, the President may appoint another judge of the Supreme Court to act as Deputy Chief Justice. 

(5) If the office of a Supreme Court judge is vacant, or if any Supreme Court judge is appointed to act as Chief Justice or Deputy Chief Justice, or if any Supreme Court judge is on leave or is for any reason unable to perform the functions of that office, the President may appoint a person qualified for appointment as a judge of the Supreme Court to act as a Supreme Court judge…

 

Article 98 states:

…(2) A judge of the Supreme Court, High Court, Chairman or Deputy Chairman of the Industrial Relations Court may be removed from office only for inability to perform the functions of his office, whether arising from infirmity of body or mind, incompetence or misbehaviour and shall not be so removed except in accordance with the provisions of this Article. 

(3) If the President considers that the question of removing a judge of the Supreme Court or of the High Court under this Article ought to be investigated, then -- 

  • (a) he shall appoint a tribunal which shall consist of a Chairman and not less than two other members, who hold or have held high judicial office; 
  • (b) the tribunal shall inquire into the matter and report on the facts thereof to the President and advise the President whether the judge ought to be removed from office under this Article for inability as aforesaid or for misbehaviour. 

(4) Where a tribunal appointed under clause (3) advises the President that a judge of the Supreme Court or of the High Court ought to be removed from office for inability, or incompetence or for misbehaviour, the President shall remove such judge from office.

(5) If the question of removing a judge of the Supreme Court or of the High Court from office has been referred to a tribunal under clause (3), the President may suspend the judge from performing the functions of his office, and any such suspension may at any time be revoked by the President and shall in any case cease to have effect if the tribunal advises the President that the judge ought not to be removed from office…

 

Article 122 states:

…(2) A person holding the office of Auditor-General may be removed from office only for inability to perform the functions of his office, whether arising from infirmity of body or mind, or for incompetence or for misbehaviour and shall not be so removed except in accordance with the provisions of this Article. 

(3) If the National Assembly resolves that the question of removing a person holding the office of Auditor-General from office under this Article ought to be investigated then -- 

  • (a) the National Assembly shall, by resolution, appoint a tribunal which shall consist of a Chairman and not less than two other members, who hold or have held high judicial office; 
  • (b) the tribunal shall inquire into the matter and report on the facts thereof to the National Assembly; 
  • (c) the National Assembly shall consider the report of the tribunal at the first convenient sitting of the National Assembly after it is received and may, upon such consideration, by resolution, remove the Auditor-General from office. 

(4) If the question of removing a person holding the office of Auditor-General from office has been referred to a tribunal under this Article, the National Assembly may, by resolution, suspend that person from performing the functions of his office, and any such suspension may at any time be revoked by the Assembly by resolution and shall in any case cease to have effect if, upon consideration of the report of the tribunal in accordance with the provisions of this Article, the National Assembly does not remove the Auditor-General from office…

 

Article 133, clause 1 states:

The office of member [of the House of Chiefs] shall become vacant--…

  • (f) if he is declared or becomes of unsound mind under any law in Zambia.

 

Article 139, clause 9 states:

Where power is vested by this Constitution in any person or authority to appoint any person to act in or perform the functions of any office if the holder thereof is himself unable to perform those functions, no such appointment shall be called in question on the ground that the holder of the office was not unable to perform those functions.

 

Excerpts from the Constitution of Zambia (1991, last amended 2009)

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Article 36 states:

(1) If it is resolved by a majority of all the members of the Cabinet that the question of the physical or mental capacity of the President to discharge the functions of his office ought to be investigated, and they so inform the Chief Justice, then the Chief Justice shall appoint a board consisting of not less than three persons selected by him from among persons who are qualified as medical practitioners under the law of Zambia or under the law of any other country in the Commonwealth, and the board shall inquire into the matter and report to the Chief Justice on whether or not the President is, by reason of any infirmity of body or mind, incapable of discharging the functions of his office. 

(2) If the board reports that the President is incapable of discharging the functions of his office, the Chief Justice shall certify in writing accordingly and shall table such certificate, with the report of the board before the National Assembly who shall on a motion, passed by a two thirds majority --

  • (a) ratify the decision of the board, and thereupon the President shall cease to hold office; or 
  • (b) reject the decision of the board and cause a further inquiry into whether or not the President is incapable of discharging the functions of his office and shall thereafter decide on such questions by a two-thirds majority vote, which decision shall be final. 

(3) Where the Cabinet resolve that the question of the physical or mental capacity of the President to discharge the functions of his office shall be investigated, the President shall, until another person assumes the office of President or the Board appointed under clause (1) reports that the President is not incapable of discharging the functions of his office, whichever is earlier, cease to perform the functions of his office and those functions shall be performed by -- 

  • (a) the Vice-President; or 
  • (b) in the absence of the Vice-President or if the Vice-President is unable, by reason of physical or mental infirmity, to discharge the functions of his office, by such member of the Cabinet as the Cabinet shall elect:  Provided that any person performing the functions of the office of President under this clause shall not dissolve the National Assembly nor, except on the advice of the Cabinet, revoke any appointment made by the President. 

(4) A motion for the purposes of clause (1) may be proposed at any meeting of the Cabinet.

 

Article 38, clause 2 states:

Whenever the office of President becomes vacant, the Vice-President or, in the absence of the Vice-President or if the Vice-President is unable, by reason of physical or mental infirmity, to discharge the functions of his office, a member of the Cabinet elected by the Cabinet shall perform the functions of the office of President until a person elected as President in accordance with Article 34 assumes office.

 

Article 39 states:

(1) Whenever the President is absent from Zambia or considers it desirable so to do by reason of illness or for any other cause, he may by direction in writing, authorise the Vice-President, or where the Vice-President is absent from Zambia or incapable of discharging the functions of the office of President, any other person, to discharge such functions of the office of President as he may specify, and the Vice-President or such other person may discharge those functions until his authority is revoked by the President. 

(2) If the President is incapable by reason of physical or mental infirmity of discharging the functions of his office and the infirmity is of such a nature that the President is unable to authorize another person under this Article to perform those functions -- 

  • (a) the Vice-President; or 
  • (b) during any period when the Vice-President is absent from Zambia or is himself, by reason of physical or mental infirmity, unable to perform the functions of his office, such member of the Cabinet as the Cabinet shall elect;  shall perform the functions of the office of President: Provided that any person performing the functions of the office of President under this clause shall not dissolve the National Assembly nor, except on the advice of the Cabinet, revoke any appointment made by the President. 

(3) Any person performing the functions of the office of President by virtue of clause (2) shall cease to perform those functions if he is notified by the Speaker that the President is about to resume those functions or if another person is elected as, and assumes the office of, President. 

(4) For the purpose of clause (2), a certificate of the Chief Justice that -- 

  • (a) the President is incapable by reason of physical or mental infirmity of discharging the functions of his office and that the infirmity is of such a nature that the President is unable to authorise another person under this Article to perform those functions; or 
  • (b) the Vice-President is by reason of physical or mental infirmity unable to discharge the functions of his office:  shall be of no effect until such certificate is verified by the National Assembly:  Provided that any such certificate as is referred to in paragraph (a) shall cease to have effect if the President notifies any person under clause (3) that he is about to resume the functions of the office of the President or if another person is elected as, and assumes the office of, President.

 

Article 55, clause 5 states:

Any power or duty imposed on the Attorney-General by this Constitution or any other written law may be exercised or performed by the Solicitor General -- 

  • (a) whenever the Attorney-General is unable to act owing to illness or absence; and 
  • (b) in any case where the Attorney-General has authorised the Solicitor-General to do so.

 

Article 57 states:

Whenever the Director of Public Prosecutions is absent from Zambia or the President considers it desirable so to do by reason of the illness of the Director of Public Prosecutions or for any other cause, he may on the advice of the Judicial Service Commission appoint any person to discharge the functions of the Director of Public Prosecutions until such appointment is revoked.

 

Article 58 states:

…(2) A person holding the office of Director of Public Prosecutions may be removed from office only for incompetence or inability to perform the functions of his office whether arising from infirmity of body or mind or misbehaviour and shall not be so removed except in accordance with the provisions of this Article. 

(3) If the President considers that the question of removing a person holding the office of Director of Public Prosecution from office ought to be investigated, then -- 

  • (a) he shall appoint a tribunal which shall consist of a Chairman and not less than two other members, who hold or have held high judicial office; 
  • (b) the tribunal shall inquire into the matter and report on the facts thereof to the President and advise the President whether the person holding the office of Director of Public Prosecutions ought to be removed from office under this Article for incompetence or inability or for misbehavior. 

(4) Where a tribunal appointed under clause (3) advises the President that a person holding the office of Director of Public Prosecutions ought to be removed from office for incompetence or inability or for misbehaviour, the President shall remove such person from office. 

(5) If the question of removing a person holding the office of Director of Public Prosecutions from office has been referred to a tribunal under this Article, the President may suspend that person from performing the functions of his office, and any such suspension may at any time be revoked by the President and shall in any case cease to have effect if the tribunal advises the President that the person ought not to be removed from office.

 

Article 64 states:

Subject to Article 65, a person shall be qualified to be elected as a member of the National Assembly if -- …

  • (c) he is literate and conversant with the official language of Zambia.

 

Article 65, clause 1 states:

No person shall be qualified to be elected as a member of the National Assembly…

  • (b) who is, under any law in force in Zambia, adjudged or otherwise declared to be of unsound mind…

 

Article 71, clause 3 states:

Notwithstanding anything contained in clause (2), where any member of the National Assembly who has been sentenced to death or imprisonment, adjudged or declared to be of unsound mind, adjudged or declared bankrupt or convicted or reported guilty of any offence prescribed under clause (4) of Article 65 appeals against the decision or applied for a free pardon in accordance with any law, the decision shall not have effect for the purpose of this Article until the final determination of such appeal or application…

 

Article 90 states:

(5) A person appointed as Investigator-General may be removed from office for incompetence or inability to perform the functions of his office (whether arising from infirmity of body or mind or from any other cause) or from misbehaviour, but shall not be so removed except in accordance with the provisions of this Article. 

(6) If the National Assembly by resolution supported by the votes of not less than two-thirds of all the members of that House, resolves that the question of removing the Investigator-General ought to be investigated, the Speaker of the National Assembly shall send a copy to the Chief Justice who shall appoint a tribunal consisting of a Chairman and two other persons to inquire into the matter. 

(7) The Chairman and one other member of the tribunal shall be persons who hold or have held high judicial office. 

(8) The tribunal shall inquire into the matter and report thereon to the President. 

(9) Where such a tribunal advises the President that the Investigator-General ought to be removed from office for incompetence or inability or for misbehaviour, the President shall remove the Investigator-General from office. 

(10) If the question of removing the Investigator-General from office has been referred to a tribunal under this Article, the President may suspend him from performing any functions of his office, and any such suspension may at any time be revoked by the President and shall in any case cease to have effect if the tribunal shall advise the President that the Investigator-General ought not to be removed. 

(11) If there is a vacancy in the office of the Investigator-General, or if the Investigator-General is temporarily absent from Zambia or otherwise unable to exercise the functions of his office, the President may appoint a person qualified to be a Judge of the High Court to exercise the functions of the office of the Investigator-General under this Article…

 

Article 93 states:

…(3) If the office of Chief Justice is vacant or if the Chief Justice is on leave or is for any reason unable to perform the functions of that office, then, until a person has been appointed to, and has assumed the functions of, that office or until the person holding that office has resumed those functions, as the case may be, the President may appoint the Deputy Chief Justice or a Supreme Court judge to perform such functions. 

(4) Without prejudice to the generality of clause (5), if the office of Deputy Chief Justice is vacant or the Deputy Chief Justice is on leave or is for any other reason unable to perform the functions of his office, the President may appoint another judge of the Supreme Court to act as Deputy Chief Justice. 

(5) If the office of a Supreme Court judge is vacant, or if any Supreme Court judge is appointed to act as Chief Justice or Deputy Chief Justice, or if any Supreme Court judge is on leave or is for any reason unable to perform the functions of that office, the President may appoint a person qualified for appointment as a judge of the Supreme Court to act as a Supreme Court judge…

 

Article 98 states:

…(2) A judge of the Supreme Court, High Court, Chairman or Deputy Chairman of the Industrial Relations Court may be removed from office only for inability to perform the functions of his office, whether arising from infirmity of body or mind, incompetence or misbehaviour and shall not be so removed except in accordance with the provisions of this Article. 

(3) If the President considers that the question of removing a judge of the Supreme Court or of the High Court under this Article ought to be investigated, then -- 

  • (a) he shall appoint a tribunal which shall consist of a Chairman and not less than two other members, who hold or have held high judicial office; 
  • (b) the tribunal shall inquire into the matter and report on the facts thereof to the President and advise the President whether the judge ought to be removed from office under this Article for inability as aforesaid or for misbehaviour. 

(4) Where a tribunal appointed under clause (3) advises the President that a judge of the Supreme Court or of the High Court ought to be removed from office for inability, or incompetence or for misbehaviour, the President shall remove such judge from office.

(5) If the question of removing a judge of the Supreme Court or of the High Court from office has been referred to a tribunal under clause (3), the President may suspend the judge from performing the functions of his office, and any such suspension may at any time be revoked by the President and shall in any case cease to have effect if the tribunal advises the President that the judge ought not to be removed from office…

 

Article 122 states:

…(2) A person holding the office of Auditor-General may be removed from office only for inability to perform the functions of his office, whether arising from infirmity of body or mind, or for incompetence or for misbehaviour and shall not be so removed except in accordance with the provisions of this Article. 

(3) If the National Assembly resolves that the question of removing a person holding the office of Auditor-General from office under this Article ought to be investigated then -- 

  • (a) the National Assembly shall, by resolution, appoint a tribunal which shall consist of a Chairman and not less than two other members, who hold or have held high judicial office; 
  • (b) the tribunal shall inquire into the matter and report on the facts thereof to the National Assembly; 
  • (c) the National Assembly shall consider the report of the tribunal at the first convenient sitting of the National Assembly after it is received and may, upon such consideration, by resolution, remove the Auditor-General from office. 

(4) If the question of removing a person holding the office of Auditor-General from office has been referred to a tribunal under this Article, the National Assembly may, by resolution, suspend that person from performing the functions of his office, and any such suspension may at any time be revoked by the Assembly by resolution and shall in any case cease to have effect if, upon consideration of the report of the tribunal in accordance with the provisions of this Article, the National Assembly does not remove the Auditor-General from office…

 

Article 133, clause 1 states:

The office of member [of the House of Chiefs] shall become vacant--…

  • (f) if he is declared or becomes of unsound mind under any law in Zambia.

 

Article 139, clause 9 states:

Where power is vested by this Constitution in any person or authority to appoint any person to act in or perform the functions of any office if the holder thereof is himself unable to perform those functions, no such appointment shall be called in question on the ground that the holder of the office was not unable to perform those functions.

 

Excerpts from the Constitution of Zambia (1991, last amended 2009)