ZAMBIA

• Constitution of Zambia

Zambia was the first British territory to become a republic immediately upon attaining independence. The constitution promulgated on August 25, 1973, abrogated the original 1964 constitution. The new constitution and the national elections that followed in December 1973 were the final steps in achieving what was called a "one-party participatory democracy."

The 1973 constitution provided for a strong president and a unicameral National Assembly. National policy was formulated by the Central Committee of the United National Independence Party (UNIP), the sole legal party in Zambia. The cabinet executed the central committee's policy.

In accordance with the intention to formalize UNIP supremacy in the new system, the constitution stipulated that the sole candidate in elections for the office of president was the person selected to be the president of UNIP by the party's general conference. The second-ranking person in the Zambian hierarchy was UNIP's secretary general.

In December 1990, at the end of a tumultuous year that included riots in the capital and a coup attempt, President Kaunda signed legislation ending UNIP's monopoly on power. In response to growing popular demand for multi-party democracy, and after lengthy, difficult negotiations between the Kaunda government and opposition groups, Zambia enacted a new constitution in August 1991. The constitution enlarged the National Assembly from 136 members to a maximum of 158 members, establishing an electoral commission, and allowed for more than one presidential candidate who no longer had to be members of UNIP. The constitution was amended again in 1996 to set new limits on the presidency (including a retroactive two term limit, and a requirement that both parents of a candidate be Zambian-born.) The National Assembly is comprised of 150 directly elected members, up to 8 presidentially appointed members and a speaker. Zambia is divided into nine provinces, each administered by an appointed governor.

Source: U.S. Department of State

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Courts & Judgments

• Zambian Supreme Court Decisions
• Zambian High Court Decisions

The Supreme Court has appellate jurisdiction for all legal and constitutional disputes. The High Court, which holds regular sessions in all nine provincial capitals, has authority to hear criminal and civil cases and appeals from lower courts. Magistrate courts have original jurisdiction in some criminal and civil cases; local, or customary, courts handle most civil and petty criminal cases in rural areas.

Local courts employ the principles of customary law, which vary widely throughout the country. Lawyers are barred from participating in proceedings in such courts, and there are few formal rules of procedure. Presiding judges, who usually are prominent local citizens, have substantial power to invoke customary law, render judgments regarding marriages, divorces, inheritances, other civil proceedings, and rule on minor criminal matters. Judgments often are not in accordance with the Penal Code. For example, they tend to discriminate against women in matters of inheritance.

Source: U.S. Department of State

• Amnesty International - Report 2002
• U.S. Department of State Report on Human Rights Practices - 2001

The Zambian Government's human rights record remained generally poor in 2001; however, there were some improvements in a few areas. Citizens' right to change their government was respected in presidential, parliamentary, and local government elections; however, there were credible allegations of election irregularities. Police officers reportedly committed several extrajudicial killings and frequently beat and otherwise abused criminal suspects and detainees. Police officers who commit such abuses often do so with impunity; however, some officers remained in detention pending trial. The lack of professionalism, investigatory skill, and discipline in the police force remained serious problems. Prison conditions were harsh and life threatening. The Government's commission of inquiry released its report into the alleged torture during detention of suspects in a 1997 coup attempt; however, the Government declined to take action against those accused in the report. Arbitrary arrests, prolonged detention, and long delays in trials remained problems. The courts exhibited increased independence by issuing a number of rulings against the Government or the MMD. Police infringed on citizens' privacy rights. Although there were indications of some relaxation, the Government generally continued to restrict press freedom. The Government restricted freedom of assembly. Human rights and civic organizations and political parties continued to complain of government harassment; however, these groups were instrumental in halting attempts by supporters of the President to amend the Constitution to allow him to seek a third term. Violence against women remained widespread. Women continued to experience discrimination in both law and fact, including the denial of widows' inheritance rights. Child abuse was a problem. Discrimination against persons with disabilities was a problem. Child labor was a problem in rural subsistence occupations and some urban occupations. There were reports of trafficking in persons.

Source: U.S. Department of State

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Legal Profession

• Zambia Law Firms (Hieros Gamos)

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Law Schools

• University of Zambia School of Law

• Zambia Law Journal
• Zambia Legal Information Institute