(POSTZAMBIA) READ THE DRAFT CONSTITUTION OF ZAMBIA HERE AND MAKE COMMENTS AND CONTRIBUTIONS
READ THE DRAFT CONSTITUTION OF ZAMBIA HERE AND MAKE COMMENTS AND CONTRIBUTIONSThu 03 May 2012, 12:00 CAT [391 Reads, 0 Comment(s)]
THE DRAFT CONSTITUTION
ARRANGEMENT OF ARTICLES
Table of Contents
PART I
SUPREMACY AND DEFENCE OF CONSTITUTION
1. Supremacy of Constitution
2. Defence of Constitution
3. Continuous effect of Constitution
PART II REPUBLIC OF ZAMBIA AND SOVEREIGN AUTHORITY OF THE PEOPLE
4. Republican status of Zambia
5. Exercise of sovereign authority
6. National symbols
7. Laws of Zambia
PART III NATIONAL VALUES, PRINCIPLES AND BASIS OF STATE POLICY
8. Application of national values, principles and basis of State policy
9. National values, principles and basis of State policy
10. Economic policies
11. President's report on application of values, principles and policies
PART IV CITIZENSHIP
12. Existing citizenship
13. Acquisition of citizenship
14. Citizenship by birth
15. Citizenship by decent
16. Citizenship by registration
17. Citizenship by adoption
18. Dual citizenship
19. Renunciation and deprivation of citizenship
20. Citizenship Board of Zambia
21. Entitlements of citizen
22. Responsibilities of citizen
23. National status of parent and legislation on citizenship
PART V BILL OF RIGHTS
Status, Application and Interpretation
24. Status of Bill of Rights
25. Duty of State to promote rights and freedoms
26. Application and interpretation of Bill of Rights
Civil and Political Rights
27. Protection from discrimination
28. Right to life
29. Human dignity
30. Protection from inhuman treatment
31. Freedom of person
32. Security of person
33. Slavery, servitude and forced labour
34. Protection of privacy of person, home, property and communication
35. Freedom of religion and conscience
36. Freedom of expression
37. Access to information
38. Freedom of media
39. Political rights
40. Freedom of association
41. Right to assemble, demonstrate, picket, lock out and petition
42. Freedom of movement and residence
43. Refugees and asylum seekers
44. Acquisition and protection of property
45. Equality before law
46. Fair administration
47. Access and right to justice
48. Rights of suspects and arrested persons
49. Rights of persons detained or in custody
50. Fair trial
51. Equality of both gender
52. Further rights for women
53. Older members of society
54. Family
55. Children
56. Youth
57. Protection of young persons
58. Persons with disabilities
59. Special measures for persons with disabilities
60. Minority and marginalised groups
Economic, Social and Cultural Rights
61. Progressive realisation of economic, social and culture rights
62. Economic and social rights
63. Language and culture
64. Freedom to choose trade, occupation or profession
65. Labour relations
66. Consumer rights
67. Environment
Limitation on Rights and Freedoms and Non-Derogable Rights
68. Limitations on rights and freedoms
69. Non-derogable rights and freedoms
70. Derogation of rights and freedoms during emergency or national disaster
71. Restriction and detention during emergency
Enforcement of Bill of Rights
72. Enforcement of Bill of Rights
Human Rights Commission and Gender Equality Commission
73. Human Rights Commission
74. Gender Equality Commission
PART VI REPRESENTATION OF THE PEOPLE
Electoral Systems and Process
75. Electoral systems
76. Basis of electoral system
77. Franchise
78. Electoral process
79. Access to media
80. Independent and unopposed candidates
81. Losing candidate not eligible for certain appointments
82. Election date for general elections
Electoral Commission of Zambia
83. Electoral Commission of Zambia
84. Delimitation of multi-member constituencies and wards
85. Matters to be taken into account when delimitating Electoral Districts, multi-member constituencies and wards
Political Parties and other candidates
86. Political parties
87. Representation of gender, youth and persons with disabilities
88. Legislation on political parties
PART VII EXECUTIVE
Executive Power
89. Office of President and vesting of executive power
90. Executive functions of President
91. Approvals by National Assembly
92. Ratifications by National Assembly
93. Prerogative of mercy
94. Advisory Committee
95. Emoluments of President
96. Protection of President from legal proceedings
Election of President
97. Qualifications and disqualifications for nominations for election as President
98. Nomination papers for election as President
99. Election of President
100. Transition period before assuming office
101. Election petition
Assumption of Office, Tenure of Office and Vacancy
102. Assumption of office
103. Tenure of office
104. Removal of President on grounds of incapacity
105. Impeachment of President for violation of Constitution or gross misconduct
106. Performance of executive functions during absence of President
Vice-President
107. Vice-President, election to office and swearing in
108. Functions of Vice-President
109. Removal from office of Vice-President
Declaration of War, State of Public Emergency, Threatened State of Emergency and National Disaster
110. Declaration of war
111. Declaration of State of public emergency
112. General measures relating to public emergency
113. Declaration of threatened State of public emergency
114. Declaration of national disasters
115. Validity of emergency
Cabinet Ministers and Parliamentary Secretaries
116. Cabinet
117. Functions of cabinet
118. Proceedings of Cabinet meeting
119. Cabinet Secretary
120. Ministers and appointments from outside National Assembly
121. Provincial Minister and appointments from outside National Assembly
122. Parliamentary Secretaries
123. Oaths of office
124. Code of conduct
PART VIII LEGISLATURE
Legislative Function
125. Establishment of Parliament and vesting of legislative function
126. Exercise of legislative function
127. Retrospective legislation
128. Functions of National Assembly
129. Money Bills
130. Presidential assent and referral
131. Challenge of Bill and reference to Constitutional Court
132. Coming into force of Act of Parliament
133. Acts of Parliament, enactment clause and categorization
134. Statutory instruments
Elections to National Assembly and Members of Parliament
135. Elections to National Assembly
136. Composition of National Assembly
137. Qualifications and disqualifications of Members of Parliament
138. Nominations under party list
139. Tenure of office and vacation of Member of Parliament other than independent candidate
140. Vacation of office by independent Members of Parliament
141. Emoluments of Members of Parliament
142. Leader of Government Business in National Assembly and leader of opposition
143. Code of conduct for Members of Parliament
Proceedings of National Assembly
144. Sittings of National Assembly
145. Powers, privileges and immunities
146. Procedure of National Assembly
147. Presiding in National Assembly
148. Quorum
149. Voting in National Assembly
150. Committees of National Assembly
151. Power to call evidence
152. Life and prorogation of Parliament
Speaker, Deputy Speakers and Officers of National Assembly
153. Speaker and Deputy Speakers of National Assembly
154. Clerk of National Assembly
155. Officers of National Assembly
156. Parliamentary Service Commission
General Parliamentary Matters
157. President may address National Assembly
158. Vote of no confidence
159. Oaths to be taken by Speaker, Deputy Speakers and Members of Parliament
160. Right to petition and make comments
161. Public access and participation
PART IX JUDICIARY
162. Courts of Judiciary and establishment
163. Vesting and exercise of judicial power
164. Independence of judiciary and Code of Conduct
165. Financial independence of judiciary
166. Chief Justice
167. Deputy Chief Justice
168. President of Constitutional Court
169. Deputy President of Constitutional Court
170. Supreme Court
171. Composition for sittings of Supreme Court
172. Jurisdiction of Supreme Court
173. Composition of Constitutional Court
174. Composition for sittings of Constitutional Court
175. Jurisdiction of Constitutional Court
176. Court of Appeal
177. Jurisdiction of Court of Appeal
178. Sittings of Court of Appeal
179. High Court
180. Jurisdiction of High Court
181. Supervisory jurisdiction of High Court
182. Divisions of High Court
183. Appointment of judges
184. Qualification for appointment as judge
185. Tenure of office of judges
186. Remuneration of judges
187. Removal of judge from office
188. Procedure for removal of judge
189. Oath of office of judge and judicial officer
190. Appointment, retirement and removal of judicial officers
191. Divisions of subordinate and local courts
192. Judicial Complaints Commission
193. Judicial service
194. Judicial Service Commission
195. Functions of Judicial Service Commission
196. Chief Administrator of Judiciary
PART X GENERAL PRINCIPLES OF DEVOLVED GOVERNANCE
System of Devolved Governance
197. Devolved governance system
198. Administrative, legislative and judicial competence in devolved governance
199. Conflict between national and provincial legislation
200. Power of Parliament to repeal provincial legislation
PART XI PROVINCES AND ADMINISTRATION
201. Provinces and provincial administration
202. Provincial Minister
203. Provincial assemblies
204. Functions of provincial assembly
205. Retrospective legislation and Bills affecting rights and freedoms
206. Legislation on procedure of provincial assemblies
207. Provincial speaker and deputy provincial speaker
208. Staff of provincial assemblies
209. Reserved power over non-performing district councils
210. Legislation on provincial administration and provincial Assemblies
PART XII LOCAL GOVERNMENT
System of Local Government
211. System of local government
212. Districts, wards and district councils
213. Functions of district council
214. Election of councillors and composition of district councils
215. Mayor, deputy mayor, council chairperson and deputy council chairperson
216. Conduct of councillor
217. Accountability of councillors
218. Tenure of office and vacation of office of councillor
219. Vacancies and by-elections for district council
220. Petitions and local government election tribunal
221. Local Government Service Commission
222. Sequestration of property
223. Revenue of local authorities
224. Local government Equalisation Fund and funds for district council
225. Legislation to further regulate districts and local authorities
PART XIII CHIEFTAINCY AND HOUSE OF CHIEFS
226. Institution of chieftaincy
227. Concepts and principles relating to chieftaincy
228. Participation of chiefs in public affairs
229. House of Chiefs
230. Functions of House of Chiefs
231. Tenure of office and vacancy
232. Oaths of members of House of Chiefs
233. Staff of House of Chiefs
234. Legislation on House of Chiefs
PART XIV PUBLIC SERVICE AND COMMISSIONS
Values and Principles
235. Values and principles of public service
Code of Conduct and Ethics of Public Officers
236. Conflict of interest
237. Declaration of assets
238. Participation in politics
239. Code of ethics for professions and other vocations
Constituting Public Offices
240. Constituting offices for Republic
241. Holding of public office
Constitutional Office Holders
242. Attorney-General
243. Solicitor-General
244. Director of Public Prosecutions
245. Performance of functions of Director of Public Prosecutions during absence, illness or other cause
246. Tenure of office of Director of Public Prosecutions
Public Officers
247. Secretary to Government
248. Permanent Secretaries
Appointments to Public Office
249. Appointing power
250. Exercise of power
Retirement, Pension, Gratuity and Retrenchment
Benefits for Public Officers
251. Retirement of public officers
252. Pension, gratuity and retrenchment benefit for public officers
253. Pension to be reviewed
254. Pension and retrenchment benefits to be paid promptly
Commissions
255. Civil and Teaching Services and service commissions
256. Establishment of investigative commissions
257. Additional commissions
258. Independent, integrity and membership of commissions
259. Financial independence and powers of commissions
260. Appointment of chief executive of commissions
PART XV OFFICE OF PUBLIC PROTECTOR
261. Establishment of Office of Public Protector
262. Qualification for appointment and conditions of service
263. Functions of Public Protector
264. Independence of Public Protector and funding
265. Limitation of powers of Public Protector
266. Accountability of Public Protector
PART XVI DEFENCE AND NATIONAL SECURITY
267. Establishment of Defence Force and functions
268. Establishment of national security agencies and functions
269. Establishment of Police and Prisons Service Commission
270. Objectives and expenses of defence force and national security Agencies
271. Deployment outside Republic
272. Prohibition of certain activities in relation to defence and national security
273. Legislation to further regulate Defence Force and national security agencies
PART XVII PUBLIC FINANCE AND BUDGET
274. Imposition of tax
275. Consolidated Fund
276. Withdrawal from Consolidated Fund
277. Supplementary expenditure in advance of appropriation
278. Compensation Fund
279. Annual financial estimates
280. Budget Legislation
281. Appropriation Act and Supplementary Appropriation Act
282. Borrowing and lending by Government
283. Public debt
284. Financial report of Government
285. State Audit Commission
286. Auditor-General
287. Funding of Auditor-General
288. Functions of Auditor-General
289. National Fiscal and Emolument Commission
PART XVIII CENTRAL BANK
290. Central Bank
291. Governor of Bank Zambia
292. Legislation on Bank of Zambia
PART XIX LAND, PROPERTY, ENVIRONMENT AND NATURAL RESOURCES
Land and Property
293. Principles of land policy
294. Vesting of land
295. Classification of land
296. State land
297. Customary land
298. Land tenure, use and alienation
299. Lands Commission
300. Functions of Lands Commission
301. Legislation on land
Environment and Natural Resources
302. Principles of environmental and natural resources management and development
303. Protection of environment and natural resources
304. Utilisation of natural resources and management of environment
305. Legislation relating to environment and natural resources
PART XX AMENDMENT OF CONSTITUTION
306. Amendment of Constitution
307. Amendment without referendum
308. Amendment by referendum
PART XXI GENERAL PROVISIONS
309. Official language and use and status of local languages
310. Appointments
311. Definitions
312. Interpretation of Constitution
313. Provisions with respect to amendment to Constitution
314. Person, number and grammatical variation
315. Computation of time
316. Power to appoint includes power to remove
317. Implied power
318. Power to make regulations, rules, etc., includes power to revoke or amend
319. Time for exercise of power
320. Exercise of power between publication and commencement of Acts
SCHEDULE
THE CONSTITUTION OF THE REPUBLIC OF ZAMBIA
PREAMBLE
WE, THE PEOPLE OF ZAMBIA, IN EXERCISE OF OUR CONSTITUENT POWER:
ACKNOWLEDGE the supremacy of God Almighty;
DECLARE the Republic a Christian Nation, but uphold the right of every person to enjoy that person's freedom of conscience or religion;
UPHOLD the human rights and fundamental freedoms of every person and recognise the equal worth of different communities in our Nation;
COMMIT ourselves to upholding the values of democracy, transparency, accountability and good governance and resolve to exercise our inherent and inviolable right as a people to decide, appoint and proclaim the means and method to govern ourselves;
RESOLVE to ensure that all powers of the State are exercised for sustainable development and 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, economic and social order;
RECOGNISE AND UPHOLD the multi-ethnic and multi-cultural character of our Nation and the self actualisation of people living in different Provinces of Zambia and their right to manage their own local affairs and resources in a devolved system of governance within a unitary State;
RESOLVE that Zambia shall remain a free, unitary, indivisible, multi-ethnic, multi-cultural, multi-racial, multi -religious and multi-party democratic sovereign State;
AND DIRECT that all organs and institutions of the State abide by and respect our sovereign will;
DO HEREBY SOLEMNLY ADOPT AND GIVE TO OURSELVES THIS CONSTITUTION:
PART I
SUPREMACY AND DEFENCE OF CONSTITUTION
1. (1) This Constitution is the supreme law of the Republic of Zambia and any other law or customary practice that is inconsistent with any of its provisions is void to the extent of the inconsistency.
(2) An act or omission that contravenes any provision of this Constitution is illegal.
(3) This Constitution shall bind all persons in Zambia and the Legislative, Executive and Judicial organs.
(4) The validity or legality of this Constitution is not subject to challenge by, or before, any court or other State organ.
(5) The Constitutional Court shall have jurisdiction in any matter arising under this Constitution.
2. Every person has the right and duty to -
(a) defend this Constitution;
(b) resist or prevent any person or group of persons from -
(i) overthrowing, suspending or abrogating this Constitution; or
(ii) unlawfully amending or reviewing this Constitution; and
(c) lawfully secure the continuous operation of this Constitution.
3. The operation of this Constitution shall not be affected by any unlawful act to overthrow, suspend or abrogate its provisions and it shall, in such circumstances, continue to have effect.
PART II
REPUBLIC OF ZAMBIA AND
SOVEREIGN AUTHORITY OF THE PEOPLE
4. (1) Zambia is a sovereign Republic, consisting of the territory and territorial waters described and delineated in an Act of Parliament.
(2) The Republic of Zambia is a free, unitary, indivisible, multi-ethnic, multi-cultural, multi-racial, multi-religious and multi-party democratic State.
(3) The Republic of Zambia shall not be ceded, in whole or in part.
(4) For purposes of clause (3), the entering into a union or other form of inter-state organisation, by the Republic of Zambia, shall not be ceding of the Republic.
5. (1) All sovereign authority belongs to the people of the Republic of Zambia and that authority may be exercised either directly or through their democratically elected representatives or institutions established by or under this Constitution.
(2) The people of the Republic of Zambia reserve to themselves any power that is not conferred on any State organ, State institution, constitutional office holder or any other person by or under this Constitution.
(3) The people of the Republic of Zambia shall exercise their direct authority or reserved power through a referendum as prescribed by an Act of Parliament.
6. (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) An Act of Parliament shall prescribe the form, words, description and use of the national symbols.
7. The Laws of Zambia shall consist of -
(a) this Constitution;
(b) laws made by or under the authority of this Constitution or Parliament;
(c) Zambian customary law which is consistent with this Constitution; and
(d) the laws and statutes which apply or extend to Zambia, as prescribed by an Act of Parliament.
PART III
NATIONAL VALUES, PRINCIPLES AND
BASIS OF STATE POLICY
8. The national values, principles and basis of State policy specified in this Part shall apply to the-
(a) interpretation of this Constitution;
(b) enactment, or interpretation of any law; or
(c) development or implementation of policy.
9. Subject to this Constitution, the national values, principles and the basis of State policy include-
(a) morality, Christian values and ethics;
(b) patriotism and national unity;
(c) democracy, the rule of law, human dignity, equity, social justice, equality, non-discrimination and protection of minority and marginalised groups;
(d) good governance, integrity, transparency, accountability, devolution of power, inclusiveness and participation of the people; and
(e) sustainable development.
10. (1) The State 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 State shall promote the economic empowerment of citizens in order for them to contribute to sustainable economic growth and social development.
(3) The State shall promote foreign investment and protect and guarantee such investment through agreements with the investors as may be prescribed by or under an Act of Parliament.
(4) The State shall not compulsorily acquire any investment, unless under international customary law and subject to Article 44, except that, where the investment was made from the proceeds of crime or was corruptly acquired no compensation shall be paid by the State.
(5) The State shall, as far as is practicable, continue and execute projects and programmes, commenced by the previous Government, which contribute to sustainable economic growth and social development and are in the public interest.
11. The President shall, once in every year, report to the National Assembly on the progress made in the realisation, application and upholding of the values, principles and policies under this Part.
PART IV
CITIZENSHIP
12. (1) A person who was a citizen of Zambia, immediately before the commencement of this Constitution, shall continue to be a citizen of Zambia and shall retain the same citizenship status as from that date.
(2) A person shall, who was entitled to citizenship of Zambia, before the commencement of this Constitution, subject to the performance of any condition or following the occurrence of a future event, become a citizen upon the performance of the condition or occurrence of the event.
(3) A person born in Zambia before 1st April, 1986, whose parent was an established resident shall continue to enjoy the rights and privileges of an established resident, which are consistent with this Constitution, and remain subject to the law relating to established residents prevailing immediately before that date.
13. Citizenship may be acquired by birth, descent, registration or adoption in accordance with this Part.
14. (1) A person born in Zambia is a citizen by birth if, at the date of that person's birth, at least one parent of that person is, or was, a citizen.
(2) A child found in Zambia and who is, or appears to be, of not more than eight years of age and whose nationality and parents are not known, shall be presumed to be a citizen of Zambia by birth.
(3) For the purposes of this Part, a person born aboard-
(a) a registered ship or aircraft, shall be deemed to have been born in the place in which the ship or aircraft is registered; or
(b) an unregistered ship or aircraft of any country, shall be deemed to have been born in that country.
15. A person born outside Zambia is a citizen by descent if, at the date of that person's birth, at least one parent of that person is, or was, a citizen by birth.
16. (1) Subject to clauses (2) and (4), a person shall be entitled to apply to the Citizenship Board of Zambia to be registered as a citizen if that person -
(a) was born in Zambia but neither of that person's parents is, or was, a citizen and that person was ordinarily resident in Zambia for a period of three years;
(b) was born in or outside Zambia and has or had an ancestor who is, or was, a citizen and that person was ordinarily resident in Zambia for a period of three years; or
(c) was ordinarily resident in Zambia for a continuous period of not less than ten years immediately preceding that person's application for registration.
(2) A person applying to be registered as a citizen, under clause (1), shall have attained the age of eighteen years.
(3) Notwithstanding clause (1), a person who is, or was, married to a citizen for a period of not less than three years shall be entitled to apply to the Citizenship Board of Zambia, to be registered as a citizen, in such manner as may be prescribed by or under an Act of Parliament.
(4) A child of a diplomat accredited to Zambia or a person with refugee status in Zambia shall not be entitled to be registered as a citizen.
17. A child who is not a citizen and who is adopted by a citizen shall be a citizen on the date of the adoption.
18. (1) A citizen shall not lose citizenship by acquiring the citizenship of another country.
(2) A citizen who, before the commencement of this Constitution, acquired the citizenship of another country and, as a result, ceased to be a citizen shall be entitled to apply to the Citizenship Board of Zambia to regain that citizenship.
19. A citizen-
(a) may renounce citizenship; or
(b) shall be deprived of citizenship only if that person acquired citizenship by means of fraud, false representation or concealment of any material fact.
20. (1) There is established the Citizenship Board of Zambia which shall implement this Part.
(2) Parliament shall enact legislation which provides for the composition of, appointment of members to, tenure of office of members of, and procedures to be followed by, the Citizenship Board of Zambia.
21. A citizen is entitled to-
(a) the rights, privileges and benefits of citizenship as provided in this Constitution and under any other law; and
(b) any document of registration and identification issued by the State to citizens.
22. (1) A citizen shall -
(a) uphold and defend this Constitution and any other law;
(b) contribute to the welfare and advancement of the nation by paying all taxes and duties lawfully due and owing to the State;
(c) protect and conserve the environment and utilise natural resources in a sustainable manner;
(d) maintain a clean and healthy living environment;
(e) provide defence and military service when called upon; and
(f) protect and safeguard public property from dissipation.
(2) A citizen shall endeavour to-
(a) acquire basic understanding of this Constitution and promote its ideals and objectives;
(b) register and vote, if eligible, in all national and local elections and referenda;
(c) be patriotic and loyal to Zambia, promote its development and good image and render national service whenever required to do so;
(d) develop one's abilities to the greatest possible extent through acquisition of knowledge, continuous learning and the development of skills;
(e) contribute to the welfare and advancement of the community where that citizen lives;
(f) strive to foster national unity and live in harmony with others;
(g) promote democracy, good governance and the rule of law;
(h) co-operate with law enforcement agencies for the maintenance of law and order and assist in the enforcement of the law; and
(i) understand and enhance Zambia's place in the international community.
23. (1) A reference in this Part to the national status of the parent of a person at the time of the birth of that person shall, in relation to a person born after the death of the person's parent, be construed as a reference to the national status of the parent at the time of the parent's death.
(2) Parliament shall enact legislation to give effect to this Part and to provide for immigration and migration matters.
PART V
BILL OF RIGHTS
Status, Application and Interpretation
24. (1) The Bill of Rights provided for in this Part is fundamental to democracy and constitutionalism and shall form the basis of Zambia's social, political, economic and cultural policies.
(2) The purpose of the Bill of Rights is to preserve the dignity of individuals and communities by promoting social justice and realising the potential of all human beings.
(3) The rights and freedoms set out in the Bill of Rights -
(a) are inherent in each individual;
(b) are not granted by the State;
(c) cannot be taken away by the State;
(d) do not exclude rights and freedoms, consistent with this Constitution, not expressly provided for in the Bill of Rights; and
(e) are subject only to the limitations contained or contemplated in the Bill of Rights.
25. (1) The State shall respect, protect, promote and fulfill the Bill of Rights.
(2) The State shall recognise the role that civil society plays in the promotion and protection of the Bill of Rights.
(3) The President shall, each year, when addressing the National Assembly, report on the measures taken by, and the achievements of, the State in the realisation of the Bill of Rights.
26. (1) A natural or juristic person enjoys the benefit of, and is bound by, the Bill of Rights, to the extent possible, given the nature of the right or freedom.
(2) A person shall exercise a right or freedom in a manner consistent with the Bill of Rights.
(3) When applying or interpreting the Bill of Rights, the Constitutional Court shall, if necessary, develop human rights jurisprudence where legislation does not give effect to a right or freedom as contemplated under the Bill of Rights.
(4) When applying the Bill of Rights, the Constitutional Court, a court, tribunal, the Human Rights Commission, any person or body shall interpret a right or freedom in a manner consistent with the spirit, purpose, objectives, limitations and derogations permitted under the Bill of Rights.
Civil and Political Rights
27. (1) A person has the right not to be discriminated against, directly or indirectly, on any grounds including birth, race, sex, origin, colour, age, disability, religion, conscience, belief, culture, language, pregnancy, health, marital, ethnic, tribal, social or economic status.
(2) Subject to clause (3), a law shall not make any provision that is discriminatory either of itself or in its effect.
(3) Any law or measure that provides affirmative action, in respect of any group of persons or sector of the society, in order to address discrimination based on birth, race, sex, origin, colour, age, disability, religion, conscience, belief, culture, language, pregnancy, health, marital, ethnic, tribal, social or economic status, shall not be construed as discrimination.
28. (1) A person has, subject to clauses (2) and (3), the right to life, which begins at conception.
(2) A person shall not be deprived of life intentionally, except to the extent authorised by this Constitution or any other law.
(3) A person may be deprived of life if that person has been convicted of a capital offence and sentenced to death.
(4) A person who is sentenced to death has the right to seek a pardon or commutation of the sentence.
(5) A court shall not impose a sentence of death on a convict -
(a) who is pregnant;
(b) who is a child; or
(c) where there are extenuating circumstances relating to the commission of the crime.
(6) A person shall not be regarded as having intentionally deprived another person of that person's life if the other person dies as a result of the application of force to such extent as is reasonably justifiable -
(a) for the defence of property or any person from violence;
(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 as a result of war; or
(d) in order to prevent the commission by that person of an offence.
29. A person has inherent dignity and the right to have that dignity respected and protected.
30. A person shall not be subjected to torture, cruel, inhuman or degrading punishment or other like treatment.
31. A person has the right to freedom of the person which includes the right not to be deprived of freedom arbitrarily or without just cause.
32. A person has the right to security of the person which includes the right-
(a) not to be subjected to human trafficking; and
(b) to be free from all forms of violence.
33. (1) A person shall not be held in slavery or servitude.
(2) A person shall not be required to perform forced labour.
34. (1) All persons have the right to privacy, which includes the right not to have -
(a) their person, home or property searched;
(b) their possessions seized;
(c) information relating to their family, health status or private affairs unlawfully required or revealed; or
(d) the privacy of their communications infringed.
35. (1) A person has the right to freedom of conscience, religion, thought, belief and opinion.
(2) A person has the right, either individually or in community with others, in public or in private, to manifest any religion or belief through worship, observance, practice or teaching.
(3) Clause (2) does not extend to-
(a) anti-Christian teaching and practice;
(b) propaganda to incite religious wars; and
(c) any conduct that infringes the enjoyment of religious freedoms by others.
(4) A religious community shall be entitled, at its own expense, to establish, maintain and manage educational institutions, facilities and programmes for, and to provide religious instruction to, members of that community.
(5) Religious observance and instruction may be conducted at State or State-aided institutions as long as -
(a) the facilities for that religious observance and instruction at that institution are made available on an equitable basis, having regard to the beliefs of the population served by that institution; and
(b) attendance, observance or instruction is voluntary.
(6) A person shall not be deprived of access to any institution, employment or facility, or the enjoyment of any right or freedom because of that individual's religious beliefs.
(7) A person shall not be compelled -
(a) to take an oath that is contrary to that individual's religion or belief or that involves expressing a belief that the individual does not hold;
(b) to take an oath in a manner that is contrary to that individual's religion or belief;
(c) to receive instruction in a religion that is not that individual's religion or to attend a ceremony or observance of that religion;
(d) by a public body or public officer to disclose that individual's religious conviction or belief; or
(e) to do any other act that is contrary to that individual's religion or belief.
36. (1) A person has the right to freedom of expression which includes -
(a) freedom to hold an opinion;
(b) freedom to receive or impart information or ideas;
(c) freedom of artistic creativity;
(d) academic freedom; and
(e) freedom of scientific research.
(2) Clause (1) does not extend to -
(a) propaganda for war;
(b) incitement to violence;
(c) advocacy of hatred that -
(i) vilifies or disparages others or incites harm; or
(ii) is based on any prohibited ground of discrimination specified in this Constitution; or
(d) any other unlawful purpose.
(3) In the exercise of the right to freedom of expression, a person shall respect the rights and reputations of others.
37. (1) A citizen has the right of access to-
(a) information held by the State; and
(b) information that is held by another person;
which is lawfully required for the exercise or protection of any right or freedom.
(2) A person has the right to demand the correction of untrue or misleading information recorded or published with respect to that person.
(3) The State has the obligation to publicise any information that is in the public interest or affects the welfare of the Nation.
38. (1) Freedom and independence of electronic, print and other types of media is guaranteed.
(2) The State shall not-
(a) exercise control over, or interfere with, any person engaged in broadcasting, the production or circulation of any publication or the dissemination of information by any medium; or
(b) penalise any person for any opinion or the content of any broadcast, publication or dissemination.
(3) Broadcasting and other electronic media shall be subject to licensing procedures that are -
(a) necessary to regulate signals and signal distribution; and
(b) free from political or commercial interference.
(4) All State-owned media shall-
(a) be free to determine independently the editorial content of their broadcasts or communications;
(b) be independent and impartial; and
(c) afford fair opportunity for the presentation of divergent views and dissenting opinions.
(5) Parliament shall enact legislation to give effect to clause (3).
39. (1) Subject to this Constitution, a citizen has a right to participate in the political affairs of the nation and in the activities of a political party.
(2) Subject to this Constitution, a citizen has the right to be elected to any elective public body or office established by or under this Constitution.
(3) A citizen aged eighteen years and above and who is eligible to register as a voter has the right to vote in elections or referenda, as provided by or under this Constitution.
40. (1) A person has the right to freedom of association, which includes the right to form, join or participate in the activities of an association.
(2) A person shall not be compelled to join an association of any kind.
(3) Parliament shall enact legislation for the registration of associations.
41. A person has the right, peacefully and unarmed, to assemble, demonstrate, picket or lock out and present petitions to public authorities.
42. (1) A person has the right to freedom of movement.
(2) A person has the right to leave the Republic.
(3) A citizen has the right to enter into, remain and reside anywhere in the Republic.
(4) A citizen has a right to a passport.
(5) Parliament shall enact legislation for the imposition of restrictions on the entry, movement or residence of persons who are not citizens.
43. A person who has sought asylum or refuge in Zambia has a right not to be returned to the country of origin or a third country if that person has a well-founded fear of -
(a) persecution in the country of origin or a third country; or
(b) other treatment in that country that would justify that person being regarded as a refugee.
44. (1) A person has the right, either individually or in association with others, to acquire and own property-
(a) of any description; and
(b) in any part of Zambia.
(2) Parliament shall not enact a law that permits the State or any person to-
(a) arbitrarily deprive a person of property of any description or of any interest in, or right over, any property of any description; or
(b) limit, or in any way restrict, the enjoyment of any right under this Article on the basis of any of the grounds specified or contemplated in Article 27 (1) and (2).
(3) The State shall not compulsorily take possession of property of any description, or of any interest in, or right over, property of any description, unless the acquisition is for a public purpose or in the public interest and is done in accordance with this Constitution and any Act of Parliament that-
(a) requires prompt, adequate and effective compensation to the person; and
(b) allows any person who has an interest in, or right over, that property a right of access to a court.
(4) An Act of Parliament may provide for compensation to be paid to occupants who have acquired property in good faith and who may not hold title to the land.
(5) The rights under this Article do not extend to any property that was unlawfully acquired.
45. All persons are equal before the law and have the right to equal protection and benefit of the law.
46. (1) A person has the right to administrative action that is expeditious, lawful, just, reasonable and procedurally fair.
(2) A person whose rights have been adversely affected by administrative action has the right to be given written reasons for the action.
(3) Parliament shall enact legislation to -
(a) provide for the review of administrative action by a court or, where appropriate, an independent and impartial tribunal; and
(b) promote an efficient public service.
47. (1) A person has the right to access justice.
(2) A person has the right to have any dispute resolved and decided timely and to have a fair hearing before a court or, where appropriate, any other independent and impartial tribunal.
(3) Where a person has any claim or judgment against the State -
(a) the claim may be instituted by proceedings against the State; and
(b) the judgment may be enforced by execution against the State, after one year of the delivery of the judgment.
(4) The State shall be liable in tort to the same extent as a private person of full age and capacity.
(5) A court shall not order any security for costs on matters of public interest litigation.
48. Subject to Article 68, a person who is a suspect, arrested or detained for allegedly committing an offence has the right -
(a) to remain silent;
(b) to be informed in a language which that person understands of the -
(i) right to remain silent; and
(ii) consequences of remaining silent;
(c) to be informed, as soon as reasonably practicable, of the reasons for the arrest or detention -
(i) in a language which that person understands;
(ii) in the case of a visually impaired person, in Braille;
(iii) in the case of a deaf person, in sign language; or
(iv) in such other appropriate means of communication as may be prescribed by or under an Act of Parliament;
(d) not to be compelled to make any confession or admission;
(e) to be held separately from persons who are serving a sentence;
(f) to be brought before a court -
(i) within forty-eight hours after being arrested or detained, or to be released on bond or bail;
(ii) not later than the end of the first court day after the expiry of the forty-eight hours, if the forty-eight hours expire outside ordinary court hours, or to be released on bond;
(iii) on a day that is not an ordinary court day, or to be released on bond;
(iv) as speedily as possible, if that person is arrested or detained far from a court, or to be released on bond or bail;
(v) to be tried within ninety days or where appropriate, to be released on bond or bail; or
(vi) which shall have the power to determine whether or not bail should be granted, either unconditionally or subject to reasonable conditions; and
(g) to be released on bond or bail, pending trial, on reasonable conditions, unless there are compelling reasons to the contrary, as determined by the court.
49. (1) A person shall not be detained without being charged and tried, except during a war, public emergency or threatened state of public emergency.
(2) A person who is held in custody, whether sentenced or not, retains all that person's rights and freedoms under this Constitution, except to the extent that a right or freedom is incompatible with the fact of being in custody.
(3) A person who is detained or held in custody is entitled to petition for a writ of habeas corpus.
(4) Parliament shall enact legislation that-
(a) provides for the humane treatment of persons detained, held in custody or imprisoned;
(b) takes into account the relevant international human rights instruments on the rights of persons detained or in custody; and
(c) provides for the regulation of the prison system, its operation and maintenance.
50. (1) An accused person has the right to a fair trial which includes the right -
(a) to be presumed innocent until the contrary is proved;
(b) to be informed, as soon as is reasonably practicable, of the charge with sufficient details to answer the charge-
(i) in a language which that person understands;
(ii) in the case of a visually impaired person, in Braille;
(iii) in the case of a deaf person, in sign language; or
(iv) in such other appropriate form of communication as may be prescribed by or under an Act of Parliament;
(c) to have adequate time and facilities to prepare a defence;
(d) to be present when being tried, unless the conduct or presence of the accused person makes it impossible for the trial to proceed;
(e) to have the trial commenced and concluded and judgment given without unreasonable delay;
(f) to compensation for wrongful detention or imprisonment;
(g) to choose, and be represented by, a legal practitioner and to be informed of this right before taking plea;
(h) to have a legal practitioner assigned to the accused person by the State and at public expense, if substantial injustice would otherwise result, and to be informed of this right promptly;
(i) to remain silent during the trial and not to testify during the proceedings;
(j) to adduce and challenge evidence;
(k) not to have illegally obtained evidence admissible in the trial;
(l) not to be compelled to give self-incriminating evidence;
(m) not to be compelled to make any confession or admission;
(n) to have, without payment, the assistance of an interpreter if the accused person cannot understand the language used at the trial, and in the case of a deaf person, a sign language interpreter;
(o) not to be charged, tried or convicted for an act or omission that was not, at the time it was committed or omitted, an offence under any other law;
(p) not to be tried for an offence in respect of an act or omission for which that person had previously been acquitted or convicted;
(q) to the benefit of the least severe of the prescribed punishments if the prescribed punishment for an offence has been changed between the time that offence was committed and the time of sentencing; and
(r) of appeal to, or review by, a higher court.
(2) Where this Article requires information to be given to a person, that information shall be given-
(a) in a language which that person understands;
(b) in the case of a visually impaired person, in Braille;
(c) in the case of a deaf person, in sign language; or
(d) in such other appropriate form of communication as may be prescribed by or under an Act of Parliament.
(3) An accused person charged with an offence is entitled, on request, at any stage of the trial, to a copy of the record of the proceedings of the trial.
(4) A person who is convicted of a criminal offence is entitled, on request, to a copy of the record of the proceedings of the trial, within fourteen days after it has been transcribed.
(5) A person who is convicted of a criminal offence and whose appeal has been dismissed by the highest court to which that person is entitled to appeal, may petition the Supreme Court for a new trial if new and compelling evidence has become available.
(6) Where there is compelling evidence that a person, who has been convicted by a court, may be innocent of an offence, the State may petition the Supreme Court for it to examine such evidence and make a determination as to whether that person was guilty of the offence.
(7) The entry of a nolle prosequi is not an acquittal.
(8) Where a person in respect of whom a nolle prosequi has been entered is not charged on the same facts within twelve months of the entry of the nolle prosequi, the charge shall be void from the date on which that person was charged.
51. (1) Women and men have the right to equal treatment, including the right to equal opportunities in cultural, political, economic and social activities.
(2) Women and men are entitled to be accorded the same dignity and respect of the person.
(3) Women and men have an equal right to inherit, have access to, own, use, administer and control land and other property.
(4) Women and men have equal rights in the marriage, during the marriage and at the dissolution of the marriage.
(5) Any law, culture, custom or tradition that undermines the dignity, welfare, interest or status of women or men is prohibited.
52. Without limiting any right or freedom guaranteed under the Bill of Rights, women have the right to-
(a) reproductive health, including family planning and access to related information and education;
(b) acquire, change or retain their nationality, including the right to change the nationality of their children if this is in the best interest of the children;
(c) choose residence and domicile;
(d) guardianship and adoption of children;
(e) choose a family name; and
(f) non-custodial sentences if pregnant or are nursing mothers, except as a measure of last resort for those women who pose a danger to the community.
53. Older members of society are entitled to enjoy all the rights and freedoms set out in the Bill of Rights, including the right to -
(a) participate fully in the affairs of society;
(b) personal development;
(c) independent living;
(d) freedom from all forms of discrimination, exploitation or abuse;
(e) respect for physical and mental integrity;
(f) live in dignity and respect; and
(g) social security and protection.
54. (1) The State shall recognise and protect the family as the natural and fundamental unit of society and the necessary basis of the social order.
(2) A person who is eighteen years of age or older has the right to freely choose a spouse of the opposite sex and marry.
(3) The State shall, in recognition of the importance of children to the future of society, the maternal role of women and nurturing role of both parents -
(a) ensure the right of women to adequate maternity leave;
(b) ensure the availability of adequate paternity leave;
(c) ensure the availability of adequate maternal health care and child health care; and
(d) promote the availability of adequate child-care facilities.
55. (1) It is the duty of parents and the State to nurture, protect and educate children.
(2) All children, whether born in or outside wedlock, are equal before the law and have equal rights.
(3) In all actions concerning a child, the best interests of the child shall be a primary consideration.
(4) A child's mother and father, whether married to each other or not, have an equal duty to protect and provide for the child.
(5) Every child has a right -
(a) to a name and a nationality from birth and to have the birth registered;
(b) to parental care, or to appropriate alternative care, where the child is separated from its parents;
(c) to free basic education;
(d) to be protected from discrimination, neglect, abuse and harmful cultural rites and practices, including female genital mutilation and body mutilation, and to be protected from marriage before attaining the age of eighteen years;
(e) to be protected from any work that is exploitative or likely to be hazardous or adverse to the child's welfare;
(f) to adequate nutrition, shelter, basic health care services, social protection and social services;
(g) not to be subjected to corporal punishment or any other form of violence, or cruel and inhuman treatment, in the home, school and any institution responsible for the care of children;
(h) to be protected in times of armed conflict and not to be recruited and used in armed conflict;
(i) not to take part in hostilities;
(j) not to be incarcerated on account of the mother's incarceration;
(k) to a standard of living adequate for the child's physical, mental, spiritual, moral and social development;
(l) to protection from all forms of sexual exploitation or abuse;
(m) not to be detained or imprisoned, except as a measure of last resort, in which case that child has the right to be -
(i) detained for a period of not more than forty-eight hours;
(ii) kept separate from adults in custody;
(iii) accorded legal assistance by the State;
(iv) treated in a manner and be kept in conditions that take into account the child's gender and age; and
(v) tried in a Juvenile Court;
(n) to diversion programmes;
(o) to know of decisions affecting that child, to express an opinion and have that opinion taken into account, having regard to the age and maturity of the child and the nature of the decision;
(p) to protection of the child's identity from exposure by the media during criminal proceedings; and
(q) to survival and development.
(6) Children with special needs, orphans, a child whose parent is in prison, children with disability, refugee children and homeless children or children living or who spend time, on the streets, are entitled to the special protection of the State and society.
56. The youth constitute an integral part of society and, taking into account their unique needs, are entitled to enjoy all the rights and freedoms set out in the Bill of Rights, including -
(a) access to quality and relevant education and training for personal development;
(b) participation in governance;
(c) access to gainful employment;
(d) adequate opportunities in the social, economic and other spheres of national life;
(e) freedom of association to further their legitimate interests;
(f) protection from any culture, custom or
tradition that undermines their dignity or quality of life; and
(g) freedom from discrimination, exploitation or abuse.
57. (1) Subject to clause (2), a young person shall not be caused or permitted to engage in an occupation or employment which would prejudice the health or education or interfere with the physical, mental or moral development of that young person.
(2) A young person may be employed for a wage under conditions specified in an Act of Parliament.
58. (1) Persons with disabilities are entitled to enjoy all the rights and freedoms set out in the Bill of Rights and shall have the right to-
(a) education and facilities that are integrated into society as a whole to the extent compatible with the interests of persons with disabilities;
(b) access to physical environment, information and communications, public facilities and services, places and transportation;
(c) access materials, facilities and devices to enable them overcome constraints due to disability;
(d) use sign language, Braille or other appropriate means of communication;
(e) be addressed and referred to, in any enactment, officially, publicly or privately, in a manner that is not demeaning, derogatory or discriminatory;
(f) equal opportunities in cultural, political, public service, economic and social activities;
(g) inherit, have access to, own and control property;
(h) personal development and independent living; and
(i) social security and protection.
(2) Any law, practice, custom or tradition that undermines the dignity, welfare, interest or status of persons with disabilities is prohibited.
59. The State shall -
(a) promote measures to educate communities and society on the causes of disabilities and the need to respect the dignity and rights of persons with disabilities;
(b) promote and ensure the use of sign language, Braille or any other appropriate means of communication for persons with disabilities; and
(c) not tax any assistive device used by persons with disabilities.
60. The State shall put in place affirmative action programmes designed to ensure that minority and marginalised groups-
(a) participate and are represented in governance and other spheres of life;
(b) are provided with equal opportunities in cultural, political, public service, economic and social activities;
(c) are provided special opportunities for access to employment; and
(d) develop their cultural values, languages and practices.
Economic, Social and Cultural Rights
61. (1) Parliament shall enact legislation that provides measures, which are reasonable, to achieve the progressive realisation of the economic, social and cultural rights under the Bill of Rights.
(2) The State shall take measures, including the enactment of legislation that-
(a) promotes equity, equality and freedom from discrimination and establishes or provides for standards relating to the achievement of those measures;
(b) ensures that the State, State organs and institutions fulfill the State's obligations under the Bill of Rights; and
(c) ensures that persons fulfill their obligations under the Bill of Rights;
and where there is a claim before the Constitutional Court or with respect to the matters specified under this clause, the Constitutional Court may make a pronouncement on the matter, subject to clause (3).
(3) Where a claim is made by the State that it does not have the resources to implement a particular economic, social and cultural right-
(a) it is the responsibility of the State to show that the resources are not available; and
(b) the Constitutional Court shall not interfere with a decision by the State concerning the allocation of available resources solely on the basis that the Constitutional Court would have reached a different conclusion.
62. (1) A person has the right to-
(a) the highest attainable standard of health, which includes the right to health care services and reproductive health care;
(b) accessible and adequate housing;
(c) be free from hunger, and to have access to adequate food of acceptable quality;
(d) clean and safe water in adequate quantities and to reasonable standards of sanitation;
(e) social security and protection; and
(f) education.
(2) A person shall not be denied emergency medical treatment.
(3) The State shall provide appropriate social security and protection to persons who are unable to support themselves and their dependants.
63. (1) A person has the right to use the language and to participate in the cultural life of that person's choice.
(2) A person who belongs to a cultural or linguistic community has the right, with other members of that community to -
(a) enjoy that person's culture and use that person's language; or
(b) form, join and maintain cultural and linguistic associations.
(3) A person shall not be compelled to-
(a) perform, observe, participate in, or be subjected to, any cultural practice or rite; or
(b) form, join, contribute, maintain or pay allegiance to any cultural, traditional or linguistic association, organisation, institution or entity.
(4) The State shall-
(a) promote all forms of national and cultural expression through literature, the arts, traditional celebrations, science, communication, information, mass media, publications, libraries and other cultural heritage;
(b) recognise the role of science, technology and indigenous technology in the development of the Nation; and
(c) support, promote and protect the intellectual property rights of the owner, or the people of Zambia.
(5) Parliament shall enact legislation to-
(a) ensure that communities receive compensation or royalties for the use of their biological knowledge, medicinal plants and cultural heritage; and
(b) recognise and protect the ownership of indigenous seeds and plant varieties, their genetic and diverse characteristics.
64. A person has the right to choose a trade, an occupation or a profession.
65. (1) A person has the right to employment and to fair labour practices.
(2) A worker has the right to-
(a) fair remuneration;
(b) reasonable working conditions;
(c) a pension or gratuity commensurate with the worker's status, salary and length of service which shall be paid promptly, failure to which the worker shall be retained on the payroll until the pension or benefit is paid;
(d) form, join or participate in the activities and programmes of a trade union; and
(e) go on a lawful strike as may be prescribed.
(3) An employer has the right to-
(a) form and join an employers' organisation; and
(b) participate in the activities and programmes of an employers' organisation.
(4) A trade union and an employers' organisation has the right to-
(a) determine its own administration, programmes and activities; and
(b) form and join a federation.
66. (1) Consumers have the right to-
(a) goods and services of reasonable quality;
(b) information necessary for them to gain full benefit from goods and services;
(c) the protection of their health, safety and economic interests;
(d) compensation for loss or injury arising from defects in goods or services; and
(e) fair, honest and decent advertising.
(2) This Article applies to goods and services offered by public entities and private persons.
67. A person has the right to a clean and healthy living environment.
Limitations on Rights and Freedoms and Non-Derogable Rights
68. (1) A right or freedom set out in the Bill of Rights-
(a) is limited by any limitation or qualification expressly set out in the provision containing that right or freedom; and
(b) may be otherwise limited only by a law of general application which does not negate the core or the essential content of the right or freedom and is reasonable and justifiable in an open and democratic society and takes into account all relevant factors, including -
(i) the nature of the right;
(ii) the importance of the purpose of the limitation;
(iii) the value and extent of the limitation;
(iv) the relation between the limitation and its purpose; and
(v) whether there are less restrictive means to achieve the purpose.
(2) A limitation made under clause (1) (b) shall be valid only to the extent that the limitation -
(a) is reasonably required in the interest of the public, defence and security, public safety, public order, public morality, public health, national, provincial and local spatial planning, taxation and the development, management and utilisation of natural and mineral resources;
(b) relates to the acquisition of property to secure the development, management or utilisation of the property for a purpose beneficial to the community or the public generally, upon the payment of due compensation;
(c) forms or is an incident of a contract, including a lease, trust, settlement, deed, letter of administration, tenancy, mortgage, charge, pledge, bill of sale or title deed to land or other instruments provided under law;
(d) relates to property which consists of a licence or permit;
(e) is required to enforce a judgment or an order of a court or tribunal; or
(f) imposes restrictions on defence and security officers and other public officers.
(5) The State or any person claiming that a particular limitation is permitted under this Article shall prove to the Constitutional Court that the requirements of this Article have been satisfied.
69. Notwithstanding any other provision in this Constitution, a law shall not derogate from the following rights and freedoms:
(a) a right to a fair trial;
(b) freedom from torture, cruel, inhuman or degrading treatment or punishment;
(c) the right not to perform forced labour as defined in an Act of Parliament;
(d) the right not to be subjected to human trafficking;
(e) the right to be free from all forms of violence;
(f) freedom from slavery or servitude;
(g) freedom of conscience and religion; and
(h) the right to a writ of habeas corpus.
70. A provision contained in, thing or an act done under, any law shall not be inconsistent with or in contravention of this Part if -
(a) the law authorises the taking, when a declaration of war, state of public emergency, threatened state of public emergency, or a national disaster is in force, of measures for dealing with such situations;
(b) the measures taken are reasonably justifiable for dealing with the war, state of public emergency, threatened state of public emergency or national disaster; and
(c) the law provides for the detention of persons when it is necessary for purposes of dealing with the war or other state of public emergency.
71. (1) Where a person's freedom of movement is restricted or that person is detained, during a war, state of public emergency or threatened state of public emergency, the following shall apply:
(a) that person shall, as soon as is reasonably practicable and in any case not more than fourteen days after the commencement of the detention or restriction, be furnished with a statement, in writing-
(i) in a language which that person understands;
(ii) in the case of a visually impaired person, in Braille;
(iii) in the case of a deaf person, in sign language; or
(iv) in such other appropriate means of communication as may be prescribed by or under an Act of Parliament;
specifying, in detail, the grounds of the restriction or detention;
(b) not more than seven days after the commencement o
Labels: CONSTITUTION
posted by MrK @ 5:04 PM
0 Comments:
Post a Comment
Subscribe to Post Comments [Atom]
<< Home