Constitutional law in Zambia: an orientation

Supremacy

The Constitution is the supreme law of Zambia. Any other law that is inconsistent with it is, to the extent of the inconsistency, void. That single proposition drives most constitutional litigation: the question is usually whether a statute, a statutory instrument or an exercise of public power can be reconciled with a constitutional provision.

Rights and freedoms

The Constitution contains a Bill of Rights protecting, among others, life, personal liberty, protection from inhuman treatment, protection of property, privacy, a fair hearing, conscience, expression, assembly and association, and freedom from discrimination. Most of these protections are qualified: the Constitution itself sets out the circumstances in which a right may lawfully be limited.

Because the limitations are part of the constitutional text, a rights argument almost always has two stages: does the measure engage the right, and if so, does it fall within a permitted limitation? Skipping the second stage is the most common error in student answers.

Separation of powers

Legislative power is vested in Parliament, executive power in the President and the Executive, and judicial power in the courts. The courts' role includes reviewing the legality of executive action and determining whether legislation conforms to the Constitution. Understanding which branch is being challenged, and on what basis, is the first step in framing any public-law claim.

The Constitutional Court

The Constitutional Court has exclusive jurisdiction over constitutional matters, including the interpretation of the Constitution and questions concerning presidential elections and the conduct of state officers as provided in the Constitution. Bringing a constitutional question before the wrong court, or dressing an ordinary civil claim as a constitutional one, is a recurring reason for matters being struck out.

Verify against the text

The Constitution has been amended, and the arrangement of its provisions has changed over time. Always work from the current published text rather than from a summary, including this one, and confirm the article numbers you rely on.