CHAPTER 1
CONSTITUTION OF ZAMBIA ACT

Arrangement of Sections

   Section

   1.   Short titles

   2.   Interpretation

   3.   Amendment of Constitution of Zambia Act, 1991 and Schedule thereto

   4.   Commencement

   5.   Printing and publication of the Constitution

   6.   Existing Laws

   7.   Prerogative and privileges of the President

   8.   Continuation of office of President

   9.   Existing offices

   10.   The National Assembly

   11.   Succession to property and assets

   12.   Rights, liabilities and obligations

   13.   Legal proceedings

   14.   Transitional provisions

   15.   Appeals in respect of certain decisions affecting pensions and like benefits

   16.   Compulsory retirement of non-citizens

      SCHEDULE

AN ACT

to provide for the new Constitution of the Republic of Zambia; to provide for the savings and transitional provisions of existing offices, institutions and laws; to provide for the savings of succession to property and assets, rights and liabilities, obligations and legal proceedings; and to provide for matters connected with or incidental to the foregoing.

[30th August, 1991]

Act 1 of 1991,

Act 17 of 1996,

Act 18 of 1996,

Act 20 of 2009,

Act 2 of 2016.

1.   Short title

This Act may be cited as the Constitution of Zambia Act.

2.   Interpretation

   (1) In this Act, unless the context otherwise requires—

“Constitution” means the Constitution set out in the Schedule to this Act;

“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.   Amendment of Constitution of Zambia Act, 1991 and Schedule thereto

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.   Commencement

Subject to the other provisions of this Act, The Constitution as amended under Act 18 of 1996, shall come into operation on the commencement of this Act.

5.   Printing and publication of the Constitution

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

6.   Existing Laws

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

   (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 3, 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.   Prerogative and privileges of the President

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.   Continuation of office of President

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 until the person elected at the first election to the office of President under the Constitution assumes office.

9.   Existing offices

   (1) Where any office has been established by or under the law in force before the commencement of this Act and the Constitution establishes a similar 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, 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 and to have taken the oath of allegiance and any other necessary oath under the Constitution:

Provided that any person who, under the law in force before the commencement of this Act 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 him by the Constitution.

   (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 10; and

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

10.   The National Assembly

   (1) Subject to sub-section (2), the National Assembly constituted under the law in force before the commencement of this Act (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.

   (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 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, 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.

   (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.

   (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 be the rules of procedure of the National Assembly but shall be construed with such modifications, adaption’s, qualifications and exceptions as may be necessary to bring them into conformity with the Constitution.

   (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.

   (7) All money 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.

11.   Succession to property and assets

   (1) Subject to this Act and the Constitution, all property of every nature and kind whatsoever and all assets that immediately before the commencement of this Act were vested in, or held in trust for, the President or in any other person in right for the purposes of the Government of Zambia shall after the commencement of this Act continue to be so vested or held in trust, as the case may be.

   (2) Any property which, immediately before the commencement of this Act, was liable to escheat or to be forfeited to the President for the purposes of the Government of Zambia, after the commencement of this Act, shall continue to be liable to escheat or to be forfeited to the President on behalf of the Government of Zambia.

12.   Rights, liabilities and obligations

All rights, liabilities and obligations of the President or any public officer on behalf of the Government of Zambia before the commencement of this Act shall, on and after the commencement of this Act, be rights, liabilities and obligations of the President or such public officer, as the case may be, on behalf of the Government of Zambia.

13.   Legal proceedings

   (1) All proceedings that, immediately before the commencement of this Act, are pending before any court established by or under the law in force before the commencement of this Act may be continued and concluded before those courts established by or under the Constitution.

   (2) Any proceedings that immediately before the commencement of this Act are pending before any Commissioner of the High Court appointed by or under the law in force before the commencement of this Act shall be continued and concluded before such Commissioner, notwithstanding the abolition of the office of Commissioner of the High Court.

14.   Transitional provisions

   (1) All rights and obligations under conventions, treaties or agreements which were exercisable by or binding upon the Government of Zambia immediately before the commencement of this Act shall continue to be so exercisable and binding.

   (2) All functions which immediately before the commencement of this Act were vested in the President or in any other authority shall, as far as the same continue in existence and are capable of being exercised after the commencement of this Act, be vested in the President or the authority exercising similar functions under the Constitution, as the case may be, except such functions as are by this Act or any other law vested in some other authority.

15.   Appeals in respect of certain decisions affecting pensions and like benefits

   (1) The following provisions of this section shall have effect for the purpose of enabling any officer to whom this section applies or his personal representatives to appeal against a decision to which this section applies, that is to say a decision within the following clauses—

   (a)   a decision of the Service Commission to give such concurrence as is required by Article 124 of the Constitution in relation to the refusal, withholding, reduction in amount or suspension of any benefits in respect of such an officer's service as a public officer;

   (b)   a decision by any authority to remove such an officer from office if the consequence of the removal is that benefits cannot be granted in respect of the officer's service as a public officer; or

   (c)   a decision by any authority to take some other disciplinary action in relation to such an officer if the consequence of the action is to reduce the amount of any benefits that may be granted in respect of the officer's service as a public officer.

   (2) Where any decision such as is referred to in sub-section (1), is taken by any authority, the authority shall cause to be delivered to the officer concerned, or his personal representatives, a written notice of that decision stating the time, not being less than 28 days from the date on which the notice is delivered, within which he, or his personal representatives, may apply to the authority for the case to be referred to an Appeals Board.

   (3) If application is duly made to an authority within the time stated in such a notice as is mentioned in sub-section (2), for a case to be referred to an Appeals Board, the authority shall notify the President in writing of that application and the President shall appoint an Appeals Board for that purpose consisting of—

   (a)   one member selected by the President;

   (b)   one member selected by the association representative of public officers or a professional body, nominated in either case by the applicant; and

   (c)   one member selected by the two other members jointly (or, in default of agreement between those members, by the Chief Justice) who shall be the Chairman of the Board.

   (4) Such an Appeals Board shall inquire into the facts of the case that is referred to it, and for that purpose the Board—

   (a)   if the applicant so requests in writing, hear the applicant either in person or by legal representative of his choice, according to the terms of the request;

   (b)   may hear any other person who, in the opinion of the Board, is able to give the Board information on the case; and

   (c)   shall have access to, and shall consider, all documents that were available to the authority concerned and shall also consider any further document relating to the case that may be produced by or on behalf of the applicant or the authority.

   (5) When such an Appeals Board has completed its consideration of the case, then—

   (a)   if the decision that is the subject of the reference to the Board is a decision such as is mentioned in paragraph (a) of sub-section (1), the Board shall advise the appropriate Commission whether the decision should be affirmed, reversed or modified and the Commission shall act in accordance with that advice;

   (b)   if the decision that is the subject of the reference to the Board is a decision such as is mentioned in paragraph (b) or (c) of sub-section (1), the Board shall not have power to advise the authority responsible for making the decision to affirm, reverse or notify the decision but the Board may advise the authority responsible for granting the benefits in question;

      (i)   where the officer has been removed from office, to grant all or part of the benefits for which the officer concerned would have been eligible under any law if he had retired voluntarily at the date of dismissal; or

      (ii)   where some other disciplinary action has been taken in relation to the officer, that on the grant of any benefits under any law in respect of the officer's service such benefits shall be increased in such manner, as the board may specify in order to offset all or any part of the reduction in the amount of such benefits that, in the opinion of the Board, would or might otherwise be a consequence of the action; and that authority shall act in accordance with that advice and the provisions of that law shall have effect accordingly.

   (6) In this section—

“pension benefits” has the meaning assigned to it in clause (5) of Article 124 of the Constitution;

“Service Commission” has the meaning assigned to it in Clause (2) of Article 123 of the Constitution.

   (7) This section applies to any officer who on the 24th October, 1964, was on pensionable conditions of service and—

   (a)   was designated under the Overseas Service Aid Scheme; or

   (b)   was immediately before the 24th October, 1964, a member of Her Majesty's Overseas Civil Service or Her Majesty's Overseas Judiciary; or

   (c)   whose conditions of service included an entitlement to free overseas passages from Zambia for the purpose of leave of absence upon the completion of a tour of duty; or

   (d)   was not a citizen of Zambia.

16.   Compulsory retirement of non-citizens

Notwithstanding anything to the contrary contained in this Act or the Constitution, the President may, with a view to securing the appointment of citizens of Zambia to public offices, direct retirement from public office of any person who is not a citizen of Zambia:

Provided that a person shall not be retired under the provisions of this section unless notice in writing is given to him specifying the date of retirement which shall not be earlier than six months from the date on which such notice is received by him.

SCHEDULE

[Section 2]

Arrangement of Articles

   Article

PREAMBLE

PART I
SUPREMACY OF CONSTITUTION

   1.   Supremacy of Constitution

   2.   Defence of Constitution

   3.   Continuous effect of Constitution

   4.   Republic of Zambia

   5.   Sovereign authority

   6.   National symbols

   7.   Laws of Zambia

PART II
NATIONAL VALUES, PRINCIPLES AND ECONOMIC POLICIES

 

   8.   National Values and principles

   9.   Application of national values and principles

   10.   Basis of economic policies

PART III
PROTECTION OF THE FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

   11.   Fundamental rights and freedoms

   12.   Protection of right to life

   13.   Protection of right to personal liberty

   14.   Protection from slavery and forced labour

   15.   Protection from inhuman treatment

   16.   Protection from deprivation of property

   17.   Protection for privacy of home and other property

   18.   Provisions to secure protection of the law

   19.   Protection of freedom of conscience

   20.   Protection of freedom of expression

   21.   Protection of freedom of assembly and association

   22.   Protection of freedom of movement

   23.   Protection from discrimination on the grounds of race, etc

   24.   Protection of young persons from exploitation

   25.   Derogation from fundamental rights and detention

   26.   Provisions relating to restriction and detention

   27.   Reference of certain matters to special tribunal

   28.   Enforcement of protective provisions

   29.   Declaration of war

   30.   Declaration of public emergency

   31.   Declaration relating to threatened emergency

   32.   Interpretation and savings

PART IV
CITIZENSHIP

   33.   Existing citizenship

   34.   Categories of citizenship

   35.   Citizenship by birth

   36.   Citizenship by descent

   37.   Citizenship by registration

   38.   Citizenship by adoption

   39.   Dual citizenship

   40.   Renunciation and deprivation of citizenship

   41.   Citizenship Board of Zambia

   42.   Entitlements of citizen

   43.   Responsibilities of citizen

   44.   Reference to citizenship of parent

PART V
REPRESENTATION OF THE PEOPLE

Electoral Systems and Process

   45.   Principles of electoral systems and process

   46.   Franchise

   47.   Electoral systems

   48.   Electoral process

   49.   Systm for administering elections

   50.   Access to media

   51.   Independent candidates

   52.   Nominations

   53.   Unopposed candidates

   54.   Electoral code of conduct

   55.   Losing candidate not eligible for certain appointments

   56.   Election date for general elections

   57.   By-elections

Constituencies, Wards and Delimitation

   58.   Constituencies, wards and delimitation

   59.   Matters to take into account when delimiting constituencies and wards

Political Parties

   60.   Political parties

PART VI
THE LEGISLATURE

Legislative Authority

   61.   Principles of legislative authority

   62.   Parliament vesting of legislative authrity and Members of Parliament

   63.   Functions of Parliament and National Assembly

   64.   Introduction of Bills in National Assembly

   65.   Money Bills

   66.   Presidential assent and referral

   67.   Statutory instruments

Elections to National Assembly and Members of Parliament

   68.   Election and composition of National Assembly

   69.   Nominated Members of Parliament

   70.   Qualifications and disqualifications of Members of Parliament

   71.   Nominations for election to National Assembly

   72.   Vacations of office as Member of Parliament and dissolution of political party

   73.   Petition of election of Member of Parliament

   74.   Leader of Government Business and Leader of Opposition

Proceedings of National Assembly

   75.   Sittings of National Assembly

   76.   Freedom of speech, powers privileges and immunities

   77.   Procedure of National Assembly

   78.   Voting in National Assembly

   79.   Alteration of Constitution

   80.   Committees of National Assembly

   81.   Term and prorogation of Parliament

Speaker, Deputy Speakers and Officers of National Assembly

   82.   Speaker and Deputy Speakers of National Assembly

   83.   Removal of Speaker on specified grounds

   84.   Clerk of National Assembly

   85.   Officers of National Assembly

General Parliamentary Matters

   86.   Presidential address to National Assembly and presidential messages

   87.   Vote of censure

   88.   Right to petition and make comments

   89.   Public access and participation

PART VII
EXECUTIVE

Executive Authority

   90.   Principles of executive authority

   91.   Presidency and vesting of executive authority

   92.   Executive functions of President

   93.   Confirmation of presidential decisions and instructions

   94.   Approval of appointments and measures by National Assembly

   95.   Ratification of appointments and measures by National Assembly

   96.   Advisory Committee on prerogative of mercy

   97.   Prerogative of mercy

   98.   Protection of President from legal proceedings

Election of President

   99.   Returning officer for presidential elections

   100.   Qualifications and disqualifications for nomination as presidential candidate

   101.   Election of President

   102.   Disqualification for run-off

   103.   Election petition

   104.   Transition period before assuming office

Assumption of Office, Tenure of Office and Vacancy

   105.   Assumption of office

   106.   Tenure of office of President and vacancy

   107.   Removal of President on grounds of incapacity

   108.   Impeachment of President

   109.   Performance of executive functions during absence of President

Vice-President

   110.   Vice-President election to office and swearing in

   111.   Tenure of office of Vice-President and vacancy

   112.   Functions of Vice-President

Cabinet Ministers

   113.   Cabinet

   114.   Functions of Cabinet

   115.   Proceedings of Cabinet meetings

   116.   Ministers

   117.   Provincial Minister

PART VIII
JUDICIARY

Judicial Authority, System of Courts and Independence

   118.   Principles of judicial authority

   119.   Vesting of judicial authority and performance of judicial function

   120.   System of court

   121.   Ranking of Supreme and Constitutional Courts

   122.   Functional independence of Judiciary

   123.   Financial independence of Judiciary

Establishment, Jurisdiction and sittings of Superior Courts

   124.   Establishment and composition of Supreme Court

   125.   Jurisdiction of Supreme Court

   126.   Sittings of Supreme Court

   127.   Establishment and composition of Constitutional Court

   128.   Jurisdiction of Constitutional Court

   129.   Sittings of Constitutional Court

   130.   Establishment and composition of Court of Appeal

   131.   Jurisdiction of Court of Appeal

   132.   Sittings of Court of Appeal

   133.   Establishment and composition of High Court

   134.   Jurisdiction of High Court

   135.   Sittings of High Court

   136.   Chief Justice

   137.   Deputy Chief Justice

   138.   President of Constitutional Court

   139.   Deputy President of Constitutional Court

   140.   Appointment of judges

   141.   Qualification for appointment as judge

   142.   Tenure of office of judge

   143.   Removal of judge from office

   144.   Procedure for removal of judge

Judicial Officers and Chief Administrator

   145.   Appointment and retirement of judicial officers

   146.   Chief Administrator of Judiciary

PART IX
GENERAL PRINCIPLES OF DEVOLVED GOVERNANCE

System of Devolved Governance

   147.   System of devolved governance

   148.   Sub-structures of local government

PART X
PROVINCES, DISTRICTS, WARDS AND PROVINCIAL ADMINISTRATION

Provinces, Districts and Wards

   149.   Provinces, districts and wards

Provincial Administration

   150.   Provincial administration

PART XI
LOCAL GOVERNMENT

System of Local Government

   151.   System of local government

   152.   Local authorities

   153.   Election of councillors, composition of councils and tenure

   154.   Mayor, deputy mayor, council chairperson and deputy council chairperson

   155.   Conduct of councillor

   156.   Accountability of councillors

   157.   Vacation of office of councillor and vacancies

   158.   By-election for council

   159.   Local government elections tribunals and petitions

   160.   Enforcement of judgment against local authority

   161.   Revenue of local authorities

   162.   Constituency Development Fund

   163.   Local Government Equalisation Fund and funds for local authorities

   164.   Legislation on local authorities

PART XII
CHIEFTAINCY AND HOUSE OF CHIEFS

   165.   Institution of chieftaincy and traditional institutions

   166.   Status of institution of chieftaincy

   167.   Rights and privileges of chiefs

   168.   Participation of chiefs in public affairs

   169.   House of Chiefs and function

   170.   Tenure of office and vacancy

   171.   Staff of House of Chiefs

   172.   Legislation on House of Chiefs

PART XIII
PUBLIC SERVICE

Values and Principles

   173.   Values and principles of public service

Constituting Offices for Public Service

   174.   Constituting offices for public service

   175.   Holding of office in public service

Constitutional Office Holders

   176.   Secretary to Cabinet

   177.   Attorney-General

   178.   Vacancy in office of Attorney-General

   179.   Solicitor-General

   180.   Director of Public Prosecutions

      House of Chiefs and functions

   181.   Performance of functions of Director of Public Prosecutions during absence, illness or other cause

   182.   Tenure of office of Director of Public Prosecutions

   183.   Secretary to Treasury

   184.   Permanent Secretaries

Public Officers

   185.   Appointment of public officers

   186.   Participation in politics

PART XIV
PENSION BENEFIT

   187.   Pension benefit

   188.   Review of pension benefit and tax exemption

   189.   Payment of pension benefits

PART XV
DEFENCE AND NATIONAL SECURITY

   190.   Principles relating to Defence Force and national security services

   191.   Status of Defence Force and national security services

   192.   Establishment of Defence Force and functions

   193.   Establishment of national security services and functions

   194.   Qualification to serve in Defence Force and national security service

   195.   Deployment outside Republic

   196.   Prohibition of activities relating to defence and national security

   197.   Legislation on Defence Force and national security services

PART XVI
PUBLIC FINANCE AND BUDGET

   198.   Principles relating to public finance

   199.   Imposition of tax

   200.   Consolidated Fund

   201.   Withdrawal from Consolidated Fund

   202.   Annual financial estimates of revenue and expenditure

   203.   Appropriation Act, Supplementary Appropriation Act and Excess Expenditure Appropriation Act

   204.   Limitation and conditions of warrant

   205.   Budget and planning legislation

   206.   Investment of public funds

   207.   Borrowing and lending by Government

   208.   Public debt

   209.   Compensation Fund

   210.   Public procurement and disposal of State assets

   211.   Financial report of Republic

   212.   Auditor-General’s report

PART XVII
CENTRAL BANK

   213.   Bank of Zambia

   214.   Governor of Bank of Zambia

   215.   Legislation on Bank of Zambia

PART XVIII
SERVICES, COMMISSIONS AND OTHER INDEPENDENT OFFICES

   216.   Principles relating to commissions

Parliamentary Service Commission

   217.   Parliamentary Service

   218.   Parliamentary Service Commission

Judicial Service Commission

   219.   Judicial Service

   220.   Judicial Service Commission

Civil Service Commission

   221.   Civil Service

   222.   Civil Service Commission

Teaching Service Commission

   223.   Teaching Service

   224.   Teaching Service Commission

Zambia Correctional Service Commission

   225.   Zambia Correctional Service Commission

Zambia Police Service Commission

   226.   Zambia Police Service Commission

Local Government Service Commission

   227.   Local Government Service

   228.   Local Government Service Commission

Electoral Commission of Zambia

   229.   Electoral Commission of Zambia

Human Rights Commission

   230.   Human Rights Commission

Gender Equity and Equality Commission

   231.   Gender Equity Equality Commission

Emoluments Commission

   232.   Emoluments Commission

Lands Commission

   233.   Lands Commission

State Audit Commission

   234.   State Audit Commission

Investigative Commissions

   235.   Investigative Commissions

Judicial Complaints Commission

   236.   Judicial Complaints Commission

Police Public Complaints Commission

   237.   Police Public Complaints Commission

General Provisions Relating to Commissions

   238.   Financial independence of commissions

   239.   Expenses of commissions

   240.   Qualifications of members of commissions

   241.   General powers of commissions

   242.   Legislation on commissions

Other Independent Offices Public Protector

   243.   Public Protector

   244.   Functions of Public Protector

   245.   Limitation of powers of Public Protector

   246.   Performance of functions of Public Protector during absence, illness or other cause

   247.   Tenure of office of Public Protector

   248.   Report to National Assembly

Auditor-General

   249.   Auditor-General

   250.   Functions of Auditor-General

   251.   Performance of functions of Auditor-General during absence, illness or other cause

   252.   Tenure of office of Auditor-General

PART XIX
LAND, ENVIRONMENT AND NATURAL RESOURCES

Land

   253.   Principles of land policy

   254.   Classification and alienation of land and land tenure

Environment and Natural Resources

   255.   Principles of environmental and natural resources management and development

   256.   Protection of environment and natural resources

   257.   Utilisation of natural resources and management of environment

PART XX
GENERAL PROVISIONS

   258.   Official language and use and status of local languages

   259.   Nominations and appointments

   260.   Oath of office and prescribed oaths

   261.   Code of conduct and ethics

   262.   Conflict of interest

   263.   Declaration of assets

   264.   Emoluments payable under Constitution

   265.   Funding, expenses and emoluments charge on Consolidated Fund

   266.   Definitions

   267.   Interpretation of Constitution

   268.   Grammatical variation

   269.   Computation of time

   270.   Power to appoint includes power to remove

   271.   Implied power

   272.   Legislation to give effect to Constitution

   273.   Power to make statutory instrument, resolution or direction

   274.   Time for performance of function

   275.   Exercise of power between publication and commencement of Acts

      ANNEX

 

CONSTITUTION OF THE REPUBLIC OF ZAMBIA

PREAMBLE

WE, THE PEOPLE OF ZAMBIA:

ACKNOWLEDGE the supremacy of God Almighty;

DECLARE the Republic a Christian Nation while upholding a person’s right to freedom of conscience, belief or religion;

UPHOLD the human rights and fundamental freedoms of every person;

COMMIT ourselves to upholding the principles of democracy and good governance;

RESOLVE to ensure that our values relating to family, morality, patriotism and justice are maintained and all functions of the State are performed in our common interest;

CONFIRM the equal worth of women and men and their right to freely participate in, determine and build a sustainable political, legal, economic and social order;

RECOGNISE AND UPHOLD the multi-ethnic, multi-racial, multi-religious and multi-cultural character of our Nation and our right to manage our affairs and resources sustainably in a devolved system of governance;

RESOLVE that Zambia shall remain a unitary, multi-party and democratic sovereign State;

RECOGNISE AND HONOUR the freedom fighters who fought for the independence of our Nation in order to achieve liberty, justice and unity for the people of Zambia;

AND DIRECT that all State organs and State institutions abide by and respect our sovereign will;

DO HEREBY SOLEMNLY ADOPT AND GIVE TO OURSELVES THIS CONSTITUTION:

[Preamble subs by s 2 of Act 2 of 2016.]

PART I
SUPREMACY OF CONSTITUTION

[Part I subs by s 3 of Act 2 of 2016.]

1.   Supremacy of Constitution

   (1) This Constitution is the supreme law of the Republic of Zambia and any other written law, customary law and customary practice that is inconsistent with its provisions is void to the extent of the inconsistency.

   (2) An act or omission that contravenes this Constitution is illegal.

   (3) This Constitution shall bind all persons in Zambia, State organs and State institutions.

   (4) The validity or legality of this Constitution is not subject to challenge by or before a State organ or other forum.

   (5) A matter relating to this Constitution shall be heard by the Constitutional Court.

[Article 1 subs by s 3 of Act 2 of 2016.]

2.   Defence of Constitution

Every person has the right and duty to—

   (a)   defend this Constitution; and

   (b)   resist or prevent a person from overthrowing, suspending or illegally abrogating this Constitution.

[Article 2 subs by s 3 of Act 2 of 2016.]

3.   Continuous effect of Constitution

The operation of this Constitution shall not be affected by an unlawful act to overthrow, suspend or illegally abrogate its provisions.

[Article 3 subs by s 3 of Act 2 of 2016.]

4.   Republic of Zambia

   (1) Zambia is a sovereign Republic under a constitutional form of governance.

   (2) The Republic consists of the territory defined in an Act of Parliament.

   (3) The Republic is a unitary, indivisible, multi-ethnic, multi-racial, multi-religious, multi-cultural and multi-party democratic State.

   (4) The Republic shall not be ceded in whole or in part.

   (5) The Republic may enter into a union or other form of interstate organisation, which action shall not be construed as ceding the Republic.

[Article 4 subs by s 3 of Act 2 of 2016.]

5.   Sovereign authority

   (1) Sovereign authority vests in the people of Zambia, which may be exercised directly or through elected or appointed representatives or institutions.

   (2) Power that is not conferred by or under this Constitution on any State organ, State institution, State officer, Constitutional office holder or other institution or person is reserved for the people.

   (3) The people of Zambia shall exercise their reserved power through a referendum, as prescribed

[Article 5 subs by s 3 of Act 2 of 2016.]

6.   National symbols

   (1) The national symbols of the Republic are the—

   (a)   National Flag;

   (b)   National Anthem;

   (c)   Coat of Arms;

   (d)   Public Seal; and

   (e)   National Motto.

   (2) The form, words, description and use of the national symbols shall be as prescribed.

[Article 6 subs by s 3 of Act 2 of 2016.]

7.   Laws of Zambia

The Laws of Zambia consist of—

   (a)   this Constitution;

   (b)   laws enacted by Parliament;

   (c)   statutory instruments;

   (d)   Zambian customary law which is consistent with this Constitution; and

   (e)   the laws and statutes which apply or extend to Zambia, as prescribed.

[Article 7 subs by s 3 of Act 2 of 2016.]

PART II
NATIONAL VALUES, PRINCIPLES AND ECONOMIC POLICIES

[Part II subs by s 3 of Act 2 of 2016.]

8.   National values and principles

The national values and principles are—

   (a)   morality and ethics;

   (b)   patriotism and national unity;

   (c)   democracy and constitutionalism;

   (d)   human dignity, equity, social justice, equality and non-discrimination;

   (e)   good governance and integrity; and

   (f)   sustainable development.

[Article 8 subs by s 3 of Act 2 of 2016.]

9.   Application of national values and principles

   (1) The national values and principles shall apply to the—

   (a)   interpretation of this Constitution

   (b)   enactment and interpretation of the law; and

   (c)   development and implementation of State policy.

   (2) The President shall, once in every year, report to the National Assembly the progress made in the application of the values and principles specified under this Part.

[Article 9 subs by s 3 of Act 2 of 2016.]

10.   Basis of economic policies

   (1) The Government shall create an economic environment which encourages individual initiative and self-reliance among the people, so as to promote investment, employment and wealth.

   (2) The Government shall promote the economic empowerment of citizens so that they contribute to sustainable economic growth and social development.

   (3) The Government shall promote local and foreign investment and protect and guarantee such investment through agreements with investors and other countries.

   (4) The Government shall not compulsorily acquire an investment, except under customary international law and subject to Article 16.

   (5) Where the investment compulsorily acquired under clause (4) was made from the proceeds of crime no compensation shall be paid by the Government.

[Article 10 subs by s 3 of Act 2 of 2016.]

PART III
PROTECTION OF THE FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

11.   Fundamental rights and freedoms

It is recognised and declared that every person in Zambia has been and shall continue to be entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed, sex or marital status, but subject to the limitations contained in this Part, to each and all of the following, namely—

   (a)   life, liberty, security of the person and the protection of the law;

   (b)   freedom of conscience, expression, assembly, movement and association;

   (c)   protection of young persons from exploitation;

   (d)   protection for the privacy of his home and other property and from deprivation of property without compensation;

and the provisions of this Part shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in this Part, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest.

12.   Protection of right to life

   (1) A person shall not be deprived of his life intentionally except in execution of the sentence of a court in respect of a criminal offence under the law in force in Zambia of which he has been convicted.

   (2) A person shall not deprive an unborn child of life by termination of pregnancy except in accordance with the conditions laid down by an Act of Parliament for that purpose.

   (3) Without prejudice to any liability for a contravention of any other law with respect to the use of force in such cases as are hereinafter mentioned, a person shall not be regarded as having been deprived of his life in contravention of this Article if he dies as a result of the use of force to such extent as is reasonably justifiable in the circumstances of the case—

   (a)   for the defence of any person from violence or for the defence of property;

   (b)   in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;

   (c)   for the purpose of suppressing a riot, insurrection, mutiny or if he dies as a result of a lawful act of war; or

   (d)   in order to prevent the commission by that person of a criminal offence.

13.   Protection of right to personal liberty

   (1) A person shall not be deprived of his personal liberty except as may be authorised by law in any of the following cases—

   (a)   in execution of a sentence or order of a court, whether established for Zambia or some other country, in respect of a criminal offence of which he has been convicted;

   (b)   in execution of an order of a court of record punishing him for contempt of that court or of a court inferior to it;

   (c)   in execution of an order of a court made to secure the fulfillment of any obligation imposed on him by law;

   (d)   for the purpose of bringing him before a court in execution of an order of a court;

   (e)   upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law in force in Zambia;

   (f)   under an order of a court or with the consent of his parent or guardian, for his education or welfare during any period ending not later than the date when he attains the age of 18 years;

   (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 his care or treatment or the protection of the community;

   (i)   for the purpose of preventing the unlawful entry of that person into Zambia, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person while he is being conveyed through Zambia in the course of his extradition or removal as a convicted prisoner from one country to another; or

   (j)   to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within Zambia or prohibiting him from being within such area, or to such extent as may be reasonably justifiable for the taking of proceedings against that person relating to the making of any such order, or to such extent as may be reasonably justifiable for restraining that person during any visit that he is permitted to make to any part of Zambia in which, in consequence of any such order, his presence would otherwise be unlawful.

   (2) Any person who is arrested or detained shall be informed as soon as reasonably practicable, in a language that he understands, of the reasons for his arrest or detention.

   (3) Any person who is arrested or detained—

   (a)   for the purpose of bringing him before a court in execution of an order of a court; or

   (b)   upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law in force in Zambia; and who is not released, shall be brought without undue delay before a court; and if any person arrested or detained under paragraph (b) is not tried within a reasonable time, then, without prejudice to any further proceedings that may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial.

   (4) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person.

14.   Protection from slavery and forced labour

   (1) A person shall not be held in slavery or servitude.

   (2) A person shall not be required to perform forced labour.

   (3) For the purpose of this Article, the expression “forced labour” does not include—

   (a)   any labour required in consequence of a sentence or order of a court;

   (b)   labour required of any person while he is lawfully detained that, though not required in consequence of a sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained;

   (c)   any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform in place of such service;

   (d)   any labour required during any period when the Republic is at war or a declaration under Article 30 or 31 is in force or in the event of any other emergency or calamity that threatens the life and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period, or as a result of that other emergency or calamity, for the purpose of dealing with that situation; or

   (e)   any labour reasonably required as part of reasonable and normal communal or other civic obligations.

15.   Protection from inhuman treatment

A person shall not be subjected to torture, or to inhuman or degrading punishment or other like treatment.

16.   Protection from deprivation of property

   (1) Except as provided in this Article, property of any description shall not be compulsorily taken possession of, and interest in or right over property of any description shall not be compulsorily acquired, unless by or under the authority of an Act of Parliament which provides for payment of adequate compensation for the property or interest or right to be taken possession of or acquired.

   (2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of clause (1), to the extent that it is shown that such law provides for the taking possession or acquisition of any property or interest therein or right there over—

   (a)   in satisfaction of any tax, rate or due;

   (b)   by way of penalty for breach of any law, whether under civil process or after conviction of an offence;

   (c)   in execution of judgments or orders of courts;

   (d)   upon the attempted removal of the property in question out of or into Zambia in contravention of any law;

   (e)   as an incident of contract including a lease, tenancy, mortgage, charge, pledge or bill of sale or of a title deed to land;

   (f)   for the purpose of its administration, care or custody on behalf of and for the benefit of the person entitled to the beneficial interest therein;

   (g)   by way of the vesting of enemy property or for the purpose of the administration of such property;

   (h)      for the purpose of—

      (i)   the administration of the property of a deceased person, a person of unsound mind or a person who has not attained the age of 18 years, for the benefit of the persons entitled to the beneficial interest therein;

      (ii)   the administration of the property of a person adjudged bankrupt or a body corporate in liquidation, for the benefit of the creditors of such bankrupt or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in the property;

      (iii)   the administration of the property of a person who has entered into a deed of arrangement for the benefit of his creditors; or

      (iv)   vesting any property subject to a trust in persons appointed as trustees under the instrument creating the trust or by a court or, by order of a court, for the purpose of giving effect to the trust;

   (i)   in consequence of any law relating to the limitation of actions;

   (j)   in terms of any law relating to abandoned, unoccupied unutilised or undeveloped land, as defined in such law;

   (k)   in terms of any law relating to absent or non-resident owners, as defined in such law, of any property;

   (l)   in terms of any law relating to trusts or settlements;

   (m)   by reason of a dangerous state or prejudicial to the health or safety of human beings, animals or plants;

   (n)   as a condition in connection with the granting of permission for the utilisation of that or other property in any particular manner;

   (o)   for the purpose of or in connection with the prospecting for, or exploitation of, minerals belonging to the Republic on terms which provide for the respective interests of the persons affected;

   (p)   in pursuance of a provision for the marketing of property of that description in the common interests of the various persons otherwise entitled to dispose of that property;

   (q)   by way of the taking of a sample for the purposes of any law;

   (r)   by way of the acquisition of the shares, or a class of shares, in a body corporate on terms agreed to by the holders of not less than nine-tenths in value of those shares or that class of shares;

   (s)   where the property consists of an animal, upon its being found trespassing or straying;

   (t)   for so long as may be necessary for the purpose of any examination, investigation, trial or inquiry or, in the case of land, the carrying out thereon—

      (i)   of work for the purpose of the conservation of natural resources of any description; or

      (ii)   of agricultural development or improvement which the owner or occupier of the land has been required, and has without reasonable and lawful excuse refused or failed, to carry out;

   (u)   where the property consists of any licence or permit;

   (v)   where the property consists of wild animals existing in their natural habitat or the carcasses of wild animals;

   (w)   where the property, is held by a body corporate established by law for public purposes and in which no moneys have been invested other than moneys provided by Parliament;

   (x)   where the property is any mineral, mineral oil or natural gases or any rights accruing by virtue of any title or licence for the purpose of searching for or mining any mineral, mineral oil or natural gases—

      (i)   upon failure to comply with any provision of such law relating to the title or licence or to the exercise of the rights accruing or to the development or exploitation of any mineral, mineral oil or natural gases; or

      (ii)   terms of any law vesting any such property or rights in the President;

   (y)   for the purpose of the administration or disposition of such property or interest or right by the President in implementation of a comprehensive land policy or a policy designed to ensure that the statute law, the Common Law and the doctrines of equity relating to or affecting the interest in or rights over land, or any other interests or rights enjoyed by Chiefs and persons claiming through or under them, shall apply with substantial uniformity throughout Zambia;

   (z)   in terms of any law providing for the conversion of titles to land from freehold to leasehold and the imposition of any restriction on sub-division, assignment or sub-letting;

   (aa)   in terms of any law relating to—

      (i)   the forfeiture or confiscation of the property of a person who has left Zambia for the purpose or apparent purpose, of defeating the ends of justice;

      (ii)   the imposition of a fine on, and the forfeiture or confiscation of the property of, a person who admits a contravention of any law relating to the imposition or collection of any duty or tax or to the prohibition or control of dealing or transactions in gold, currencies or securities.

   (3) An Act of Parliament such as is referred to in clause (1), shall provide that in default of agreement, the amount of compensation shall be determined by a court of competent jurisdiction.

17.   Protection for privacy of home and other property

   (1) Except with his own consent, a person shall not be subjected to the search of his person or his property or the entry by others on his premises.

   (2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that it is shown that the law in question makes provision—

   (a)   that is reasonably required in the interests of defence, public safety, public order, public morality, public health, town and country planning, the development and utilisation of mineral resources, or in order to secure the development or utilisation of any property for a purpose beneficial to the community;

   (b)   that is reasonably required for the purpose of protecting the rights or freedoms of other persons;

   (c)   that authorises an officer or agent of the Government, a local government authority or a body corporate established by law for a public purpose to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax, rate or due or in order to carry out work connected with any property that is lawfully on those premises and that belongs to the Government, authority or body corporate, as the case may be; or

   (d)   that authorises, for the purpose of enforcing the judgment or order of a court in any civil proceedings, the search of any person or property by order of a court or entry upon any premises by such order; and except so far as that provision or, as the case may be, anything done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

18.   Provisions to secure protection of the law

   (1) If any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.

   (2) Every person who is charged with a criminal offence—

   (a)   shall be presumed to be innocent until he is proved or has pleaded guilty;

   (b)   shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offence charged;

   (c)   shall be given adequate time and facilities for the preparation of his defence;

   (d)   shall unless legal aid is granted to him in accordance with the law enacted by Parliament for such purpose be permitted to defend himself before the court in person, or at his own expense, by a legal representative of his own choice;

   (e)   shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the court, and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and

   (f)   shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge; and except with his own consent the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence.

   (3) When a person is tried for any criminal offence, the accused person or any person authorised by him in that behalf shall, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgement a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.

   (4) A person shall not be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and a penalty shall not be imposed for any criminal offence that is severer in degree or description than the maximum penalty that might have been imposed for that offence at the time it was committed.

   (5) A person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall not again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for that offence, except upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal.

   (6) A person shall not be tried for a criminal offence if he shows that he has been pardoned for that offence.

   (7) A person who is tried for a criminal offence shall not be compelled to give evidence at the trial.

   (8) A person shall not be convicted of a criminal offence unless that offence is defined and the penalty is prescribed in a written law:

Provided that nothing in this clause shall prevent a court of record from punishing any person for contempt of itself notwithstanding that the act or omission constituting the contempt is not defined in a written law and the penalty therefore is not so prescribed.

   (9) Any court or other adjudicating authority prescribed by law for determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such a court or other adjudicating authority, the case shall be given a fair hearing within a reasonable time.

   (10) Except with the agreement of all the parties thereto, all proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any other adjudicating authority, including the announcement of the decision of the court or other authority, shall be held in public.

   (11) Nothing in clause (10), shall prevent the court or other adjudicating authority from excluding from the proceedings persons other than the parties thereto and their legal representatives to such extent as the court or other authority—

   (a)   may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice or in interlocutory proceedings; or

   (b)   may be empowered by law to do in the interest of defence, public safety, public order, public morality, the welfare of persons under the age of 18 years or the protection of the private lives of persons concerned in the proceedings.

   (12) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of—

   (a)   paragraph (a) of clause (2), to the extent that it is shown that the law in question imposes upon any person charged with a criminal offence the burden of proving particular facts;

   (b)   paragraph (d) of clause (2) to the extent that it is shown that the law in question prohibits legal representation before a subordinate court in proceedings for an offence under Zambian customary law, being proceedings against any person who, under that law, is subject to that law;

   (c)   paragraph (e) of clause (2), to the extent that it is shown that the law in question imposes reasonable conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds;

   (d)      clause (2), to the extent that it is shown that the law provides that—

      (i)   where the trial of any person for any offence prescribed by or under the law has been adjourned and the accused, having pleaded to the charge, fails to appear at the time fixed by the court for the resumption of his trial after the adjournment, the proceedings may continue notwithstanding the absence of the accused if the court, being satisfied that, having regard to all the circumstances of the case, it is just and reasonable so to do, so orders; and

      (ii)   the court shall set aside any conviction or sentence pronounced in the absence of the accused in respect of that offence if the accused satisfies the court without undue delay that the cause of his absence was reasonable and that he had a valid defence to the charge;

   (e)   clause (2), to the extent that it is shown that the law provides that the trial of a body corporate may take place in the absence of any representative of the body corporate upon a charge in respect of which a plea of not guilty has been entered by the court;

   (f)   clause (5), to the extent that it is shown that the law in question authorises a court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so, however, that any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any punishment awarded him under that disciplinary law.

   (13) In the case of any person who is held in lawful detention, clause (1), paragraphs (d) and (e) of clause (3), shall not apply in relation to his trial for a criminal offence under the law regulating the discipline of persons held in such detention.

   (14) In its application to a body corporate clause (2), shall have effect as if words “in person or” were omitted from paragraph (d) and (e).

   (15) In this Article “criminal offence” means a criminal offence under the law in force in Zambia.

19.   Protection of freedom of conscience

   (1) Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of conscience, and for the purposes of this Article the said freedom includes freedom of thought and religion, freedom to change his religion or belief, and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance.

   (2) Except with his own consent, or, if he is a minor, the consent of his guardian, a person attending any place of education shall not be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion other than his own.

   (3) A religious community or denomination shall not be prevented from providing religious instruction for persons of that community or denomination in the course of any education provided by that community or denomination or from establishing and maintaining instructions to provide social services for such persons.

   (4) A person shall not be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner which is contrary to his religion or belief.

   (5) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that it is shown that the law in question makes provision which is reasonably required—

   (a)   in the interests of defence, public safety, public order, public morality or public health; or

   (b)   for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practice any religion without the unsolicited intervention of members of any other religion; and except so far as that provision or, the thing done under the authority thereof as the case may be, is shown not to be reasonably justifiable in a democratic society.

20.   Protection of freedom of expression

   (1) Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of expression, that is to say, freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to impart and communicate ideas and information without interference, whether the communication be to the public generally or to any person or class of persons, and freedom from interference with his correspondence.

   (2) Subject to the provisions of this Constitution, a law shall not make any provision that derogates from freedom of the press.

   (3) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that it is shown that the law in question makes provision—

   (a)   that is reasonably required in the interests of defence, public safety, public order, public morality or public health; or

   (b)   that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclo

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