5 Sources of Zambian Constitution

Join us as we delve into the diverse sources that shape the Zambian Constitution. From statutory instruments and common law to the doctrine of equity, customary law, and received law, discover how each element contributes to the legal and cultural framework of Zambia. This post provides a comprehensive overview of the influences and practices that ensure the Constitution remains a dynamic and relevant document for the nation.

Understanding the roots of this crucial document helps us appreciate the legal and cultural framework of Zambia.

The Constitution of Zambia, like any other constitution around the world, is not just created out of thin air.

It is derived from various sources that contribute to its strength, flexibility, and authority. Today, we will look into these sources and understand their significance.

The Major Sources of Zambian Constitution

Statutory Instruments

First up, we have Statutory Instruments. These are legal tools used by the President or ministers to make constitutional provisions operational.

They are essential because they help translate the broad strokes of the Constitution into specific, actionable rules and regulations.

For instance, a statutory instrument might detail how local elections should be conducted, specifying everything from the voting process to how results are tallied.

Common Law

Next, we delve into Common Law. This is the body of law developed by judges through decisions of courts and similar tribunals.

In Zambia, common law provides a historical foundation that helps interpret the Constitution. When judges make decisions, they often refer to past judgments to guide them.

This body of precedents ensures consistency and fairness in the application of the law. Moving on, we have the Doctrine of Equity.

Doctrine of Equity

Originally developed in the English courts, equity complements common law by focusing on fairness. The way of life in the country, including values, needs, aspirations, expectations and ideas of local people. In situations where strict application of the law might lead to unjust results, equity steps in to provide relief.

For example, if adhering to the letter of the law in a property dispute would leave a family homeless, the courts might apply principles of equity to arrive at a more compassionate judgment.

Customary Law

Another vital source is Customary Law. Zambia is a nation rich in cultural diversity, and customary law reflects the practices and traditions of its various ethnic groups.

These laws govern aspects like marriage, inheritance, and land rights, playing a crucial role in the daily lives of many Zambians.

Constitutions of Other Countries and Received Law

Lastly, we have Received Law. This includes laws that Zambia inherited from its colonial past under British rule, such as certain legislative acts and judicial decisions that were in force before independence.

While some of these laws have been modified or repealed, others continue to influence Zambian legal system to this day.

Constitution amendment act number 2 of 2016.

• This Constitutional Review Commission was made up of experts and some of the recommendations include the running mate, Dual citizenship.
• No crossing over of the floor and the fifty plus one percent for one to win the general election.

Constitution making and adoption processes

Constitution making process

• This is a legally acceptable process which a country uses to make its supreme law of the land or constitution.
• A constitution can be made through a Constituent Assembly and Constitutional Review Commission[CRC]
• A Constituent Assembly is a body of representatives elected by their respective interest groups to formulate, amend or adopt a constitution of a country
• Representatives are drawn from Churches, learning institutions, Trade Unions, the Civil Society, Student bodies and Special interest groups
• A Constitutional Review Commission is a group of people appointed by the President to collect views from the general public on what should be contained in the constitution.
• In Zambia, the Executive wing of government initiates the making of the National Constitution.
• The republican president using the Inquiries Acts appoints a Constitutional Review Commission to collect views from citizens through sittings conducted country wide were citizens make submissions orally or in writing as groups or individuals.
• Thereafter, the Constitutional Review Commission produces a draft constitution. The Inquiries Act is a law which gives the president power to appoint a commission of enquiry.

Constitution adoption process

• This is a process of approving the copy of a draft constitution so that it becomes an official document. There are two main methods which are used to adopt a constitution and these are;

Through Parliament

• Under this method, the draft constitution is submitted to Parliament, which debates the draft Constitution before adopting and sending it to the president for assent (signing).
• Zambia used this method for the first three Constitutional Review Commissions.

Through a Constituent Assembly (CA)

• A Constituent Assembly is a body of representatives elected by their respective interest groups to formulate, amend or adopt a constitution of any country.
• Representatives may be drawn from churches, learning institutions, trade unions, civil society, etc. The most important thing is that every citizen regardless of gender, religion, ethnicity, creed, sex, age and beliefs identifies with the interests being expressed by a member or members of a Constituent Assembly.
• This is the best way of adopting a constitution as it is more representative than parliament.
• It is independent and also free from control of the government or any person. Countries like India, Namibia, Ethiopia, South Africa, America, adopted their constitutions through this process.
• National Constitutional Conference (NCC) is similar to Constituent Assembly except that under the National Constitutional Conference, the adoption is done by parliament, which can decide either to adopt or reject the draft constitution.

To summarize, the Zambian Constitution is shaped by a blend of statutory instruments, common law, the doctrine of equity, customary law, and received law.

Each source plays a unique role in ensuring that the Constitution remains a living document, adaptable to the needs of Zambia’s people.

Thank you for joining me today to explore the rich sources of the Zambian Constitution. Share your thoughts and questions.

Until next time, keep learning and stay curious!