The Electoral Commission of Zambia

GOVERNMENT OF ZAMBIA
ACTNo.17 of 1996

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An Act to provide for the printing and publication of the amended Constitution; to provide for the savings and transitional provisions of existing offices, institutions and laws; to provide for the savings of succession of property and assets, rights, liabilities, obligations and legal proceedings; and to provide for matters connected with or incidental to the foregoing.

28th May, 1996

ENACTED by the Parliament of Zambia.
1. This Act my be cited as the Constitution of Zambia Act, 1996..

short title

2. (1) In this Act, unless the context otherwise requires "Constitution" means the constitution of Zambia, 1991;
" existing law " means all law, whether a rule of law or a provision of an Act of Parliament or of any other enactment or instrument whatsoever (including any Act of Parliament of the United Kingdom or Order of Her Majesty in Council), having effect as part of the law of Zambia or part thereof immediately before the commencement of this Act, and includes any Act of Parliament or statutory instrument made before such commencement and coming into force on such commencement or thereafter.

(2) Except where the context requires, words and expressions used in this Act have the same meaning as in the Constitution.
3. Except as provided under this Act, the Constitution of Zambia Act, 1991, and the Constitution in the Schedule thereto, are amended in so far as they form Part of the laws of Zambia.

4. Subject to the other provisions of this Act, the Constitution as amended under Act No. of 1996, shall come into operation on the commencement of this Act.

5. The Constitution as amended may be printed and published by the Government Printer separately from this Act, and the production of a copy of the Constitution as amended purporting to be so printed shall be prima face in all courts and for all purposes '; whatsoever of the Constitution as its provisions,

 6. (1) Subject to the other provisions of this Act, and so far as  they are not inconsistent with the Constitution as amended, the existing laws shall continue in force after the commencement of this Act as if they had been made in pursuance of the Constitution as amended, but shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the Constitution as amended.

(2) The President may, by statutory instrument at any time within two years of the commencement of this Act, make such amendment to any existing law as may appear to him to be necessary or expedient for bringing that law into conformity with the provisions of this Act or the Constitution as amended or otherwise for giving effect or enabling effect to be given to those provisions.

(3) Where any matter that falls to be prescribed or otherwise provided for under the Constitution by Parliament or by any other authority or person is prescribed or provided for by or under any existing law, including any amendment to any such law made under this section, or is otherwise prescribed or provided immediately before the commencement of this Act by or under the law amended by section three, that prescription or provision shall, as from the commencement of this Act, have effect as if it had been made under the Constitution by Parliament or, as the case may be, the other authority or person.

(4) This section shall be without prejudice to any powers conferred by this Act or the Constitution upon any person or authority to make provision for any matter, including the amendment or repeal of any existing law.

7. Where under the existing law any prerogatives or privileges are vested in the President those prerogatives or privileges shall,  after the commencement of this Act, continue to vest in the President.

8. The person holding the office of President immediately before the commencement of this Act shall, unless he ceases to hold  office by virtue of the provisions of Article 34 or 35 of the Constitution or resigns, continue in office and shall exercise the executive powers of the President under the Constitution as amended until the person elected at the first election to the office of President under the Constitution as amended assumes office. 

9. (I) Where any office has been established by or under the law  amended by section three and the Constitution establishes a similar office or an equivalent office, any person who immediately before the commencement of this Act holds or is Acting in the former office shall so far as is consistent with the Constitution as amended, be deemed to have been appointed, elected or designated as from the commencement of this Act to hold or to Act in the latter office in accordance with the Constitution as amended and to have taken the oath of allegiance and any other necessary oath under the  Constitution:

 Provided that any person who, under the law amended under section three or any other existing law, would have been required to vacate his office at the expiration of any period or on the attainment of any age shall vacate his office at the expiration of that period or upon the attainment of that age

(2) Any person holding the office of Vice-President, Minister and Deputy Minister under the Constitution immediately before the commencement of this Act shall continue in office and shall exercise the powers conferred on them by the Constitution as amended.

(3) Subject to the provision of the Constitution relating to persons in public employment, any person who is a public officer and who immediately before the commencement of this Act holds any public office shall continue to be a public officer of the Government after the commencement of this Act.

(4) The President may, at any time after the commencement of this Act, require any person who continues in office by virtue of this section to take an oath of allegiance and any oath for the due execution of his office that is prescribed by or under any Act of Parliament.

(5) This section shall be without prejudice to-

( a) the provisions of section ten; and

(b) any powers conferred by or under the Constitution upon any person or authority of make provision for the abolition of offices or the removal of any person holding or Acting in any office

10. (1) Subject to subsection (2), the national Assembly constituted under the law amended by section three (hereinafter referred to as " the existing National Assembly ") shall be the National Assembly during the period beginning on the commencement of this Act and ending on the date set for the holding of elections to the office of President and the National Assembly under the Constitution as amended.

(2) The persons who immediately before the commencement of this Act are the elected or nominated members of the existing National Assembly shall continue to be the members of the National Assembly during the period begriming on the commencement of this Act and ending on the date set for the holding of elections to the office of President and the National Assembly under the Constitution as amended, and, in the case of elected members, shall be deemed to have been elected to the National Assembly to represent the same constituencies as the constituencies for which they were respectively elected.

(3) The persons who immediately before the commencement of this Act are the Speaker and the Deputy Speaker of the existing National Assembly shall  continue to be respectively the Speaker and the Deputy Speaker of the National Assembly during the period beginning on the commencement of this Act and ending on the date set for the holding of elections to the office of the National Assembly under the Constitution as amended.

(4) All the functions and powers vested in Parliament by the Constitution shall be exercised, during the period beginning on the commencement of this Act and ending on the date set for the holding of elections to the office of President and National Assembly, by Parliament in accordance with the Constitution as amended.

(5) The rules and orders of the existing National Assembly as in force immediately before the commencement of this Act, shall, until it is otherwise provided for under Article 86 of the Constitution as amended, be the rules of procedure of the National Assembly but shall be construed with such modifications, adoption, qualifications and exceptions as may be necessary to bring them into conformity with the Constitution as amended. 

(6) Any person who under this section continued to be the Speaker, the Deputy Speaker or a member of the National Assembly after the commencement of this Act shall be deemed to have taken the necessary oath under the Constitution as amended. 

(7) All moneys granted, voted or appropriated by the existing National Assembly in respect of the services of the Republic for the current financial year shall be deemed to have been granted. voted or appropriated by the existing National Assembly and in accordance with the Constitution as amended

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