The process of adopting a constitution in Zambia involves several key steps:Constitutional Review Process.
1. Initiation: The process begins with a proposal for constitutional review or amendment, which can come from the government, Members of Parliament, or civil society organizations. A petition signed by at least 10% of registered voters can also initiate the process.
2. Establishment of a Constitutional Review Commission (CRC): The National Assembly establishes a CRC to oversee the review process.
3. Consultation and Public Hearings: The CRC solicits views from citizens, stakeholders, and experts through public hearings and submissions.Drafting and Approval.
1. Drafting of Proposals*: The CRC analyzes the gathered feedback and drafts proposed amendments.
2. Parliamentary Approval: The government tables the proposed amendments in the National Assembly for debate and approval, requiring a two-thirds majority vote to pass.
3. Referendum: If the proposed amendments touch on fundamental constitutional principles, a referendum is held, and a majority of voters must approve the amendments for them to become law.
Adoption and Promulgation.
1. Publication: The approved amendments are published in the official Gazette.
2. Commencement: The amended Constitution comes into effect on the date specified in the Gazette.
Historically, Zambia has undergone significant constitutional milestones, including the adoption of its current constitution in 1991, amendments in 2009, and the latest amendment in 2016.
The constitution-making process in Zambia has been notable for its inclusivity and broad-based participation, involving extensive consultations with the public and various stakeholders .