This development reinforced presidential rule in zambia as the president became the key player on the political scene. The state party acknowledges that violence against women continues to be a challenge. The assignment will also analyse the difference between provisions of article 712 c of 1991 and 1996 and the relevant case law that brought about the change of the provision. Two zambian constitutional lawyers based outside the country have observed that the current constitutionmaking process is deeply flawed and unlikely to produce good results. The true constitutionmaking process that followed this preconstituent phase was undoubtedly more diluted in that it took the form of a twophase process. Zambia is undergoing a protracted process of constitutional reform which began two decades ago. Respected constitutional lawyer sakwiba sikota has counseled zambians to realize that adopting a new constitution through a referendum does not in itself make it law.
Zambias constitution making process addressing the. The article refers to the process that is not based on preexisting rules of procedure as one of creation and the related constitution making is called creation ex nihilo. Options for the process, is a welcome addition to i. Comparable experience shows that the process will take much longer than 90 days. Constitution of zambia, 1996 by the zambian for zambia. Constitution making and the right to take part in a public. A critical appreciation of the constitution making process in zimbabwe this far the importance of the constitution is undisputable as it is the central point of all governance issues and one of the tenants of democratisation. It is therefore important to recognise that for the first time in the history of constitutionmaking in zambia, a genuine attempt has been made to involve a very broad spectrum of zambian society in the constitutionmaking process.
National assembly of zambia parliamentary procedure abstract series. To increase awareness and understanding of the constitution making process and to strengthen the capacity of activists to respond to its outcomes and implications for lgbt rights in zambia, 12 zambian lgbt activists and 4 allies attended a training on constitutional reform in zambia. Calls from civil society organisations and opposition political parties for the government to establish dialogue mechanisms on the future of the process have gone unheeded. In the case of regime change or reform the procedural modalities of the existing constitution might be observed. Adopting such a constitution is expected to have dire implications for the countrys security and political stability, particularly in the context of the next general elections in 2016. Constitution of zambia amendment act 1991 assented to on 24 august 1991. Postconflict peacebuilding and constitutionmaking, 6 chi.
Nov 25, 2014 the alliance for better zambia abz and the all peoples congress apc, for instance, called for a boycott of the golden jubilee celebrations marking 50 years of zambias independence in october in protest against the governments bad faith on the constitution making process. Reflecting on zimbabwes constitution making process. This situation report focuses on the challenges of zambias constitution making exercise and recommends how the process can be managed to enhance its. In a highly remotecontrolled process by the kaunda administration, a new constitution which abolished multipartism and declared unip the only party recognised by law, was passed in 1973.
Basically, like previous constitutions, this constitution was not a creation of the people of zambia, as they were not involved in its making process. In the first phase, an interim constitution was approved end of 1993 in the mpnp. These procedures are partly related to the different historical scenarios and substantive material factors that give rise to econstitutions. Constitutionmaking processes are a central aspect of democratic transitions, peacebuilding and statebuilding. Ndulo, beyani say constitutionmaking process is deeply. In chapter four, the making of the current constitution of south africa is duscussed and analysed. In the third section, the report offers an overview of the current constitution making process 2011 to 20, highlighting recognised strengths and weaknesses. Constitution of zambia 1996 ace electoral knowledge. Constitutionmaking in southern africa despite tremendous and costly effort on the part of citizens, parliamentarians, commissioners, technical experts, and international partners, two out of the three constitutional processes in tanzania, zambia and zimbabwe have failed at. The draft constitution was praised by all stakeholders and zambians hoped that they would at last get a constitution that would last the test of time. Law professor muna ndulo and dr chaloka beyan are among the people that were last week included in the committee of exerts drafting the constitution but just as consultants.
Postconflict peacebuilding and constitution making, 6 chi. Chapter two analyses the origins and nature of government and constitution. Mission press, 2004 constitutional amendments 82 pages. The second is a discussion on the triggers of constitution making in zambia since independence in 1964. The state party acknowledges that violence against. Constitution of zambia, constitution of zambia 1996, constitution of zambia 1996 act, zambian constitution, zambian constitution 1996, zambian constitution 1996 act. It is based on the 1991 constitution of the republic of zambia as amended by act no. Constitution making process in kenya in precolonial, colonial and postcolonial eras. Constitutionmaking in southern africa freedom house. Constitution of zambia, amendment act 5 of 1972, and act 27 of 1973. However, the quality of education in most day schools is poor compared to boarding and private schools. The current constitution making process is not the first of its kind in post independence kenya.
Constitutionalism and democratic governance in africa. This act may be cited as the constitution of zambia amendment act, 2015, and shall be read as one with the constitution of zambia, in thisact referred to as the constitution. Calls from civil society organisations and opposition political parties for. The making of a new constitution in zambia will require a legitimate, transparent, and agreed statutory framework setting out the process, principles, mechanisms, accountability and timelines. It considers only those political and economic factors which contribute to specific constitutionmaking features. That should meet the clamour for popular participation by the people of zambia in the making of their own. The constitution came into being through the zambia independence orderincouncil of 1964 and it grated zambia her independence. The undp is pleased with the method zambia has chosen to adopt its constitution and we are tracking your constitution making process as it is exemplary in africa, nyirongo said. Magagula is a student at the university of swaziland in the final year of his ll. It supports national teams in countries across africa, asia, central america, europe, and the middle east. There are, to be sure, a number of studies, on which i shall draw heavily, of particular constitution making episodes. Dec 25, 2011 two zambian constitutional lawyers based outside the country have observed that the current constitutionmaking process is deeply flawed and unlikely to produce good results. Zambia which was a british colony from 1890 have had many constitution changes.
Improving the process of constitution making and constitutional assistance is critical to peacebuilding efforts in the twentyfirst century. Forces and mechanisms in the constitutionmaking process. The term constitution has been defined by many scholars, one such scholar defines a constitution as, a document having a special legal sanctity which sets out the framework and principal functions of the organs of government with the. Both process and substance are critical for the success of. Government of zambia act national assembly of zambia. Introduction the republic of zambia, formerly the british protectorate of northern rhodesia, became an independent state on 24 october 1964. The rules and regulation that formed the constitutional basis of precolonial communities in kenya were mainly formulated by the councils of elders and then handed down from generation to generation. For the united nations, constitutionmaking is a broad concept that covers the process of drafting and substance of a new constitution, or reforms of an existing constitution. A womens guide to constitution making 1 introduction the purpose of this guide is to support you and other women seeking to influence a constitutionmaking process in your country. It is therefore important to recognise that for the first time in the history of constitution making in zambia, a genuine attempt has been made to involve a very broad spectrum of zambian society in the constitution making process.
Zambias constitution of 1991 with amendments through 2016. Constitution of zambia, constitution of zambia 1996, constitution of zambia 1996 act, zambian constitution, zambian constitution 1996, zambian constitution 1996 act about the zambian editor im the curator of all things on the zambian. It came into force through the zambia independence orderincouncil of 1964the countrys first independence constitution and established a multiparty system dominated by kaundas unip. I participated in the printing and distribution of the final document and we worked with the foundation for democratic process to distribute the draft to all the districts in zambia.
In 1911 northern western and eastern rhodesia were amalgamated into northern under. Zambia s constitutionmaking exercise initiated in 2011 is at a critical crossroads because of ambiguities over the modes of validating the draft document, and eventually adopting and enacting the final constitution. Constitutional making process in zambia term paper. The undp is pleased with the method zambia has chosen to adopt its constitution and we are tracking your constitutionmaking process as it is exemplary in africa, nyirongo said. Not surprisingly, the document proclaims zambia a christian nation, but qualifies this by upholding a persons right to freedom of conscience, belief or religion. A critical appreciation of the constitution making process in zimbabwe this far the importance of the constitution is undisputable as it is the central point of all governance issues and.
About the zambian editor im the curator of all things on the zambian. The alliance for better zambia abz and the all peoples congress apc, for instance, called for a boycott of the golden jubilee celebrations marking 50 years of zambias independence in october in protest against the governments bad faith on the constitution making process. An act to provide for the printing and publication of the amended constitution. The constitution of zambia act, 1991, and the constitution. History of zambian constitutionpart v zambia daily nation. Sakwiba counsels zambians on constitution making process. Interpeace is an independent, international peacebuilding organization and a strategic partner of the united nations. The majority of students go to day secondary schools because they are the cheapest. Zambia shall continue to be a citizen of zambia after the commencement of this constitution. Sikota says even if the constitution was to be adopted through a referendum as many stakeholders are advocating, the constitution will still have to go through parliament to be. The second is a discussion on the triggers of constitutionmaking in zambia since independence in 1964.
This chapter explains that the first part of this proposition, that participation is a requirement of a constitutionmaking process, has only re. But there are a number of things to be worried about. Managing the impact from october 2829, 2010 in lusaka zambia. Vivien hart, constitution making and the transformation of conflict, 26 peace. The constitution of zambia act, 1996 by the zambian for zambia. From 1890 to 1911, northeastern and northwestern rhodesia had five promulgation. Law from the same university and has done research with various consultancy firms in swaziland before. Constitution making in southern africa despite tremendous and costly effort on the part of citizens, parliamentarians, commissioners, technical experts, and international partners, two out of the three constitutional processes in tanzania, zambia and zimbabwe have failed at the last hurdle, leaving that effort unfulfilled. Successes and challenges of them provide good quality education. Zambias constitutionmaking exercise initiated in 2011 is at a critical crossroads because of ambiguities over the modes of validating the draft document, and eventually adopting and enacting the final constitution. Constitution making process in kenya in precolonial. The constitution of zambia act, 1996 by the zambian for. Professor mvunga on constitution making zambia daily mail.
Interpeace also has a thematic program on constitutionmaking. Other topics submitted by stephaniemusenge words 14344 pages 58. Chapter three examines and analyses the constitutional development process in zambia from the precolonial period to the current time. In the third section, the report offers an overview of the current constitutionmaking process 2011 to 20, highlighting recognised strengths and weaknesses. The final draft constitution, as leaked, has taken a position on some of the debates which raged during the constitutionmaking process. Constitution making and the right to take part in a public affair. This article considers the procedural and resulting legitimacy issues of constitutionmaking and fundamental constitutional amendment.
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