Politics

Zambia became a Republic immediately upon attaining independence on October 24, 1964. The elected President is chief of State and head of government. The National Assembly is comprised of a Speaker, 150 elected members with and up to eight members appointed by the President. Zambia has nine (9) Provinces and each Province is administered by an appointed Deputy Minister who essentially performs the duties of a governor.  The Supreme Court is the highest court and the Court of Appeal; below it are the High Court, Lands Tribunal, Industrial Relations Court, Subordinate Courts, Small Claims Court, and Local Courts.

Consititution

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. Zambia enacted a new constitution in August 1991, which enlarged the National Assembly from 136 members to a maximum of 158 members, introduced two term limits on the presidency, established an electoral commission, and allowed for more than one presidential candidate who no longer had to be a member of UNIP. The constitution was amended again in 1996 to require presidential candidates to have been habitually domiciled in Zambia for 20 years prior to an election and to require that both parents of a candidate be Zambian-born. In February 2006, the government agreed to allow the formation of a Constituent Assembly to consider and adopt a draft constitution, subject to certain conditions. In August 2007, the Zambian parliament passed a government-sponsored law creating a National Constitutional Conference (NCC) charged with drafting a new constitution. The NCC, comprised of over 500 members drawn from parliament, political parties, civil society, and government, began meeting in late December 2007 and had its mandate extended into 2010. Some members of the political opposition and civil society refused to participate in the NCC, saying that its membership was too heavily stacked in the government's favor and pushing instead for the promised Constituent Assembly. The government presented the final draft of the constitutional bill to parliament in March 2011, but the bill did not receive the necessary two-thirds majority.

Political Condition

Following President Ley Mwanawasa's passing in August 2008 and in accordance with the constitution, Vice President Rupiah Banda assumed Executive powers as Acting President. Within 90 days of President Mwanawasa's passing, elections were held on October 30, 2008. Rupiah Banda was declared the winner after narrowly defeating Michael Sata of the opposition Patriotic Front party by only 30,000 votes. Although international observers were satisfied with the overall conduct of the election by the Electoral Commission of Zambia, Sata sued to have the election results nullified. He withdrew his petition in March 2009 after losing preliminary decisions. President Rupiah Banda was sworn in on November 2, 2008, and announced his new cabinet on November 14th. President Banda vowed to continue the business-friendly and corruption-fighting policies of his predecessor but corruption scandals in the government and the acquittal of the former President Chiluba raised questions about President Banda’s initial commitment to fight corruption and promote transparency and accountability in government. Although the Task Force on Corruption established under the Mwanawasa administration prosecuted several cases of abuse of office and high-level corruption, it was stripped of its responsibilities and placed under the ACC in November 2009 by the Banda administration. The dismissal of important anti-corruption officials, including Task Force on Corruption head Max Nkole, prosecutor Mutembo Nchito, and Attorney General Mumba Malila; the government’s failure to appeal corruption cases to higher courts; and elimination of the abuse of public office clause from the Anti-Corruption Act underscored concerns about the government's commitment. In parliamentary by-elections held between 2009 and 2011, candidates from all parties violated the electoral code of conduct because the government lacked sufficient capacity to enforce it. To reaffirm his government's commitment to fight corruption, Banda launched Zambia’s first national anti-corruption policy and companion action plan with anti-corruption targets through 2015. During a national convention held in April 2011, Banda was nominated as the MMD’s presidential candidate for the 2011 general elections. President Banda entered the election with a slightly weakened party after the defection of several party leaders to the political opposition. On September 20, 2011, Zambia set a record in the southern Africa region by conducting peaceful and credible elections that brought to power an opposition party for the second time since independence in 1964. The Patriotic Front (PF) defeated the incumbent MMD by over 200,000 votes, with Michael Sata winning the presidency.  PF also gained a strong plurality in the National Assembly, winning 62 seats. President Sata’s election platform was to fight corruption.  He has also publicly prioritized job growth, poverty reduction, diversification of agriculture (away from maize production), improved government efficiency, expanded health services, and enhanced quality of education. Another key initiative of the Sata administration is constitutional reform, which has been proposed and then aborted four times previously. Top reforms under consideration include requiring a majority vote for presidential elections, allowing the president to choose his cabinet members from the general public (currently they must be members of parliament), and abolishing the death penalty. Other reforms supported by civil society organizations would limit the power of the presidency and devolve more power to local governments. President Sata has appointed a technical committee to draft a constitution based on the recommendations of previous commissions that will be subjected to two rounds of review by provincial and sectoral conventions. The technical committee plans to have a penultimate draft ready for the President’s review by June 2012.
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