Discussion on mode of constitution adoption thrown out. These procedures are partly related to the different historical scenarios and substantive material factors that give rise to econstitutions. This peaceful transition raised expectations of a smooth process towards democratic consolidation. In todays final part of our constitutional history, i will enumerate the events that have taken place regarding the zambian constitution since 1964. This paper examines the role played by the people in the constitution making process in tanzania. 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. It considers only those political and economic factors which contribute to specific constitutionmaking features.
Cooperative societies act national assembly of zambia. Zambia at the date of his birth if on that date at least one of his parents is a citizen of zambia. Constitution of zambia, constitution of zambia 1996, constitution of zambia 1996 act, zambian constitution, zambian constitution 1996, zambian constitution 1996 act. Most crucial judicial decisions, especially those that affect political liberties, still follow the colonial precedents. The final draft constitution, as leaked, has taken a position on some of the debates which raged during the constitution making process. 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. Constitution making process in zimbabwe research papers.
In the third section, the report offers an overview of the cur. About the zambian editor im the curator of all things on the zambian. This situation report focuses on the challenges of zambia s constitution making exercise and recommends how the process can be managed to enhance its. The grand coalition gc has noted with sadness the manoeuvres by the pf government to adulterate the contents of the constitution bill by removing certain clauses which include but are not limited to the following.
Livingstone, zambia april 27, 2012 judicial reform, constitutionalism, and the rule of law in zambia. An overview of the politics of constitutionmaking it is also to be noted trat in the modern constitutionmaking process, there is. Independence constitution, to the on going constitution making process. Critical notes on the legal system of zambia pambazuka news. Constitutionmaking and reform constitution making for peace. In chapter four, the making of the current constitution of south africa is duscussed and analysed. Youths still have an opportunity to effectively participate in the remaining stages of the constitution making process.
Subject united party for national development zambia platforms. Zambia is a landlocked country located in southern africa. This has resulted in governments pursuing constitutionmaking processes that, despite involving public participation, do not involve meaningful public participation. Covid19 and the performances for the camera in zambia april 8, 2020 writing to pass. Constitution of zambia this zambiarelated article is a stub. Constitution of zambia preamble as amended by act no. From a justice system to a just system by muna ndulo professor of law, cornell law school and director of cornell universitys institute for african development i would like to thank the law association of zambia laz for inviting me to be. Zambia social science journal volume 2 number 1volume 2, number 1 may 2011 article 3 512011 judicial reform, constitutionalism and the rule of law in zambia. Zambia has experienced constitutional instability since independence. View constitution making process in zimbabwe research papers on academia.
My dissertation advice to law students december 29, 2019 the nakachinda parliamentary committee report on bill 10 december 3, 2019. The national constitutional conference ncc the official body tasked with driving the reform process and rewriting the. Mission press, 2004 constitutional amendments 82 pages. In 1970, loans amounted to k27 million and credit facilities had been negotiated against overseas equipment purchases and cost amounting to k35 million and overseas acceptance credit facilities amounted to kl8. The constitution of zambia act, 1991 and the constitution in the schedule to that act, are repealed in so far as they form part of the laws of zambia. History of zambian constitutionpart v zambia daily nation. Donors who have pledged assistance to the constitution building process include undef, undp, usaid, the netherlands and sweden. 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. Request mutanga, mp, zambia commonwealth parliamentary.
Sreya maitra democratisation, in contemporary politics has been considered a sinequanon of political maturity and modernisation. The overall conclusion is that while the media operate in a tangled web of regulatory restrictions, there is. This is for reasons of legitimacy, transparency, accountability, and regulation of the process. Preparation and adoption by parliament within 90 days of a statutory framework legislation to govern the new constitution making process. It still is a company state, based on copper rents. In 1911 northern western and eastern rhodesia were amalgamated into northern under. Chapter three examines and analyses the constitutional development process in zambia from the precolonial period to the current time. 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. The constitution of zambia act, 1996 by the zambian for. Constitution of zambia, 1996 by the zambian for zambia. United states based law professor muna ndulo says the zambian constitution making process has suffered because of lack of a legal framework.
Sports minister gabriel namulambe has maintained governments position on the constitution making process saying there will be no shortcuts. Improving the process of constitutionmaking and constitutional assistance is critical. They shall also draft the constitution of zambia bill to set the commencement date for the new. As shall be illustrated in this study, this is the dilemma faced in zambia. Zambias constitution making process addressing the. Publication date 2001 title variation party constitution and manifesto. The technical committee on drafting the zambia constitution has reiterated that its not within its mandate to discuss the mode of adopting the new zambian constitution which will be formulated. This article considers the procedural and resulting legitimacy issues of constitutionmaking and fundamental constitutional amendment. Despite evident disparities in the constitution making process thus far, the participation of youths in particular is very much imperative for an attempt at democratizing the country.
In the third section, the report offers an overview of the current constitutionmaking process 2011 to 20, highlighting recognised strengths and weaknesses. Constitution making and the right to take part in a public. This development reinforced presidential rule in zambia as the president became the key player on the political scene. Thirdly, the paper outlines the normative roles that the media can play in zambia. Struggle for a legitimate and democratic constitution in zambia. Zambia which was a british colony from 1890 have had many constitution changes. Zambian leader edgar lungu signed into law constitutional changes setting new rules for general elections on aug. United party for national development zambia subjects.
The first provides a brief historical background to zambias constitution making phases. The republic of zambia, formerly the british protectorate of northern. Despite its relatively young existence zambia has attempted four times to amend her constitution. However, the process of democratisation involves not just the transition to democracy but also its subsequent consolidation. Judicial reform, constitutionalism and the rule of law in. 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. Subject to this act, the constitution shall come into operation on the date of assent by the president.
The zambia independence constitution was protected by a referendum clause. From 1890 to 1911, northeastern and northwestern rhodesia had five promulgation. This has resulted in governments pursuing constitutionmaking processes that, despite involving public participation, do not involve. For the zambian lgbt community the most recent efforts to make a credible, durable and legitimate constitution, have in fact dealt the community a severe blow. The main findings of the study are, firstly, that the failure by zambia to achieve a. The times of zambia in a front page headline feature reported that there was an elections plot sponsored by two western countries who had offered huge sums of money as rewards to established.
Stages through which a bill passes to become law, zambia. Though zambias wealth has not yet been fully exploited, her efforts to expand have depended largely on negotiation of foreign loans. An act to provide for the printing and publication of the amended constitution. Politically and constitutionally, zambia achieved a first in 1964 by becoming the first country in anglophone subsahara africa, to attain independence as a republic within the british commonwealth. Constitution of zambia 1996 ace electoral knowledge. Later on we look at the process of constitution making after independence. It came into force through the zambia independence act of 1964. 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. Mainza mathias chona 21 january 1930 11 december 2001 was a zambian politician and diplomat who served as vice president of zambia from 1970 to 1973 and prime minister on two occasions. Chapter two analyses the origins and nature of government and constitution. That the mixed member proportional representation mmp electoral system which is a combination of the first past the post fptp. The work begins by examining the struggle for independence and the movement towards the very first constitution of the country the independence constitution of 1961.
The geography of zambia is mostly high plateau with some mountains. The zambian case offers an interesting example of an attempt to stabilize. Nationalization of the zambian mining industry springerlink. Neighboring countries include angola, the democratic republic of the congo, malawi, mozambique, namibia, tanzania, and zimbabwe. The constitution of zambia was formally adopted in 1991 and amended in 2009 and last amended in 2016. Not surprisingly, the document proclaims zambia a christian nation, but qualifies this by upholding a persons right to freedom of conscience, belief or religion. 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 state, and declares the principals by which those organs must operate. The making or remaking of a constitution is of particular significance in divided and conflicted societies, where the process frequently is part of peacemaking and nationbuilding. Constitutional making process in zambia term paper. Zambias active civil society sector has engaged with the international community to support their positions, making international assistance highly political. Prof ndulo attributes constitution failure to legal.
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