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MEMORANDUM

The object of this Bill is to provide for the –
(a) commencement of the new Constitution of the Republic of Zambia;
(b) printing and publication of the Constitution;
(c) savings and transitional provisions of existing State organs, administrations, offices, institutions and laws;
(d) succession to property and assets, rights, liabilities, obligations and legal proceedings;
(e) repeal of the Constitution of Zambia Act, 1991 and the Constitution in the Schedule to that Act; and
(f) matters connected with or incidental to the foregoing.
,
Attorney-General

A BILL

ENTITLED

An Act to provide for the commencement of the new Constitution of the Republic of Zambia; to provide for the printing and publication of the Constitution; to provide for the savings and transitional provisions of existing State organs, administrations, offices, institutions and laws; to provide for succession to property and assets, rights, liabilities, obligations and legal proceedings; to provide for the repeal of the Constitution of Zambia Act, 1991 and the Constitution in the Schedule to that Act; and to provide for matters connected with or incidental to the foregoing.

ENACTED by the Parliament of Zambia

1. This Act may be cited as the Constitution of Zambia Act, 200 -.

2. (1) In this Act, unless the context otherwise requires –
“Constitution” means the Constitution set out in the Schedule to this Act;
“effective date” means the date of the commencement of this Act and the Constitution as stipulated in section four;

“existing Constitution” means the Constitution of Zambia, 1991, in force immediately before the commencement of this Act;
“existing law” means all laws, 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, immediately before the effective date, and includes any Act of Parliament or statutory instrument made before the effective date and coming into force on the effective date or thereafter;
“older members of society” means persons above the age of sixty-five years and above.
(2) Except where the context requires, words and expressions used in this Act have the same meaning as in the Constitution.

3. The Constitution of Zambia Act, 1991 and the Constitution in the Schedule to that Act, are repealed in so far as they form part of the Laws of Zambia.

4. Subject to this Act, the Constitution shall come into operation on the date of assent by the President.

5. The Constitution may be printed and published by the Government Printer separately from this Act, and the production of a copy of the Constitution as printed is prima facie evidence in all courts and for all purposes of the Constitution and its provisions.

6. (1) All laws in force immediately before the effective date shall continue to be in force and shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the Constitution.
(2) Parliament shall, within two years of the effective date, make amendments to any existing law to bring that law into conformity with this Act or the Constitution or otherwise to give effect to this Act and the Constitution.

7. The prerogative of mercy bestowed on the President under this Constitution may be exercised in respect of any criminal offence committed before the effective date.

8. All rights and obligations, however arising, of the Government of the Republic and subsisting immediately before the effective date shall continue as rights and obligations of the Government of the Republic under the Constitution.

9. (1) If a provision of the Constitution has altered the name of an office or institution existing immediately before the effective date the office or institution as known by the new name shall be the legal successor of the first named office or institution.
(2) All liabilities, property and other assets that, immediately before the effective date, were incurred or vested in the President, the State, Government or the Republic, shall continue to be so incurred or vested after the effective date.
(3) Any property that, immediately before the effective date, was liable to escheat or to be forfeited to the State, Government or the Republic shall be liable to escheat or to be so forfeited after the effective date.