PART V

BILL OF RIGHTS
Status, Application and Interpretation

Status of Bill of 24. (1) The Bill of Rights, as provided for in

Rights
this Part, is fundamental to democracy and
constitutionalism and shall be the basis of Zambia’s social,
political, legal, economic and cultural policies and State
action.
(2) The rights and freedoms set out in the Bill of
Rights –
(a) are inherent in each individual;
(b) protect the dignity of the person;
(c) include rights and freedoms which are
consistent with this Constitution but
not expressly provided for, except those
that are repugnant to the morals and
values of the people of Zambia; and
(d) are subject to the limitations,
derogations and restrictions provided
for in Articles 66, 67 and 68.

Recognition of 25. The State shall recognise the role of civil

role of civil
society society in the promotion and protection of the Bill of Rights.

26. (1) Where legislation does not give effect to

Development of
jurisprudence a right or freedom, the Constitutional Court shall develop
and
interpretation human rights jurisprudence.
of Bill of Rights

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 (2) A court, the Human Rights Commission, State
institution, a person or body shall interpret a right or
freedom in a manner consistent with Articles 24, 312, 313
and 319.

Civil and Political Rights

Protection from 27. A person shall not be discriminated against,

discrimination
except under a law that provides for affirmative action.

28. (1) A person has the right to life.

Right to life
(2) The life of a person begins at conception.
(3) A person shall not be deprived of life
intentionally, except for a capital offence the sentence of
which is death, subject to limitations, defences and extent
prescribed.
(4) A court shall not impose a sentence of death
on a convict –
(a) who is pregnant;
(b) who is a child; or
(c) where there are extenuating circumstances
relating to the commission of the offence.

29. A person has the right to freedom of the

Freedom of
person person which includes the right not to be deprived of that
freedom arbitrarily.

Protection from 30. (1) A person has the right not to be -

inhuman
treatment and (a) subjected to torture; or
security of
person
(b) treated or punished in a cruel,
inhuman or degrading manner.

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 (2) A person has the right to security of the
person which includes the right not to be subjected to
human trafficking.

Protection from
31. (1) A person shall not be held in slavery or
slavery, servitude.
servitude and
forced labour (2) A person shall not be required to perform
forced labour.

Protection of privacy 32. A person has the right to privacy, which

of person, home,
property and includes the right not to -
communication
(a) be searched;
(b) have that person’s home or property
searched;
(c) have that person’s possessions seized;
(d) have information relating to that
person’s family, health status or
private affairs unlawfully required or
revealed; or
(e) have the privacy of that person’s
communications infringed.

Freedom of 33. (1) A person has the right to freedom of

conscience, belief
and religion conscience, belief and religion.
(2) A person has the right, individually or in
community with others, publicly or privately, to manifest any
religion or belief through worship, observance, practice or
teaching, including the observance of a day of worship.
(3) Clause (2) does not extend to conduct or
statements that infringe the enjoyment of freedom of
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 conscience, belief and religion by others or that may incite
religious wars.
(4) A person shall not be compelled to act, or
engage in an act that is, contrary to that person’s
conscience, belief or religion.
(5) A person shall not be deprived of access to an
institution or a facility on the basis of that person’s belief or
religion.

Freedom of 34. (1) A person has the right to freedom of

expression
expression which includes -
(a) freedom to hold an opinion;
(b) freedom to receive or impart
information or ideas;
(c) freedom of artistic creativity;
(d) academic freedom; and
(e) freedom of scientific and technological
research, as prescribed.
(2) Clause (1) does not extend to -
(a) conduct or statements which incite
war, genocide, crimes against
humanity or other forms of violence; or
(b) statements which -
(i) vilify or disparage others; or
(ii) incite hatred.

Access to 35. (1) A person has the right of access to

information
information held by the State or another person which is
lawfully required for the exercise or protection of a right or
freedom.

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 (2) A person has the right to demand the
correction of false or misleading information recorded or
published about that person.
(3) The State shall proactively publicise
information that is in the public interest or affects the
welfare of the Nation.

Freedom of media 36. (1) Subject to clause (3), the freedom and
independence of electronic, broadcasting, print and other
forms of media is guaranteed.
(2) The State shall not exercise control over or
interfere with a person engaged in –
(a) broadcasting or the production or
circulation of publications; or
(b) the dissemination of information
through any media.
(3) The State may license broadcasting and other
electronic media where it is necessary to regulate signals and
signal distribution.
(4) Public media shall-
(a) independently determine the editorial
content of their broadcasts or
communications; and
(b) afford fair opportunity for the
presentation of divergent views and
dissenting opinions.

General political 37. A citizen has a right to participate in political

rights
activities.

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Freedom of 38. (1) A person has the right to freedom of
association
association, which includes the right to form, join or
participate in the activities of an association.
(2) A person shall not be compelled to join an
association.

Right to assemble, 39. A person has the right, peacefully and

demonstrate, picket
unarmed, to assemble, demonstrate or picket and present
and petition
petitions to State organs and State institutions.

Freedom of 40. A person has the right to freedom of

movement and
residence movement, which includes the right-
(a) as a citizen, to a passport; and
(b) to enter, remain, leave and reside
anywhere in the Republic; subject to
the imposition of restrictions on the
entry, movement or residence of
persons who are not citizens, as
prescribed.

Non-refoulement 41. A person who is granted asylum or refuge in

for refugees and
asylum seekers Zambia has a right not to be returned to the country of
origin or a third country if that person has a well-founded
fear of persecution, in the country of origin or a third
country, which justifies that person’s request for asylum or
refuge.

Acquisition and 42. (1) A person has the right, individually or

protection of
property in association with others, to own property in any part of
Zambia.

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 (2) The State or a person shall not arbitrarily
deprive a person of property.
(3) The State shall not compulsorily acquire a
person’s property unless the acquisition is in the public
interest.
(4) Where a person’s property is compulsorily
acquired in accordance with clause (3) –
(a) the State shall promptly, adequately
and effectively compensate that person;
and
(b) that person, or any person who has an
interest in or right over that property,
has a right of access to a court.
(5) Where the State compulsorily acquires land
from occupants who have acquired the land in good faith
and who do not hold title to the land, the State shall provide
for compensation to be paid to the occupants, as prescribed.
(6) The rights under this Article do not extend to
property unlawfully acquired.

Equality before 43. All persons are equal before the law and have
law
the right to equal protection and benefit of the law.

Fair 44. A person has the right to administrative action

administration
that is expeditious, lawful, reasonable and procedurally fair.

Access to 45. (1) A person has the right to access

justice
justice.
(2) A person has the right to execute a judgment
against the State after one year of the delivery of the
judgment.

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 (3) A court shall not order security for costs on
matters of public interest litigation.

46. A person who is suspected of committing an

Rights of
suspects offence is entitled to –
(a) remain silent; and
(b) be informed in a language which that
person understands of the -
(i) right to remain silent; and
(ii) consequences of remaining silent.

Rights of 47. (1) A person shall not be held in custody

persons in
custody without being charged.
(2) A person who is held in custody retains that
person’s rights and freedoms, except to the extent that a
right or freedom is incompatible with being in custody.
(3) A person who is held in custody is entitled to
petition for a writ of habeas corpus.

Rights of accused 48. Subject to Articles 65, 66, 67, 68 and 69 an

persons and
detainees accused person or a detainee has the right –
(a) to remain silent;
(b) to be informed in a language which
that person understands of the -
(i) right to remain silent; and
(ii) consequences of remaining silent;
(c) to be informed, as soon as reasonably
practicable, of the reasons for the
arrest or detention -
(i) in a language which that person
understands;
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 (ii) in the case of a visually impaired
person, in Braille or tactile
diagrams;
(iii) in the case of a deaf person, in
sign language; or
(iv) in another appropriate means of
communication;
(d) not to be compelled to make a
confession or an admission;
(e) to be held separately from persons who
are serving a sentence;
(f) to be released on bond, unless there is
compelling reason to the contrary; and
(g) to be brought before a court -
(i) within forty-eight hours after
being arrested or detained;
(ii) not later than the end of the first
court day after the expiry of the
forty-eight hours, if the forty-eight
hours expire outside ordinary
court hours;
(iii) as speedily as possible, if that
person is arrested or detained far
from a court;
(iv) for trial within ninety days of
being arrested; or
(v) to be released on bail, as
prescribed.

Fair trial 49. (1) A person has the right to have a

dispute decided timely and to have a fair hearing before a
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court or, where appropriate, an independent and impartial
tribunal.
(2) An accused person or a detainee has the right
to a fair trial, which includes the right –
(a) to be presumed innocent until the
contrary is proved;
(b) to be informed, as soon as is
reasonably practicable, of the charge
with sufficient details to answer the
charge;
(c) to have adequate time and facilities to
prepare a defence;
(d) to be present when being tried, unless
the conduct of the accused person or
detainee makes it impossible for the
trial to proceed;
(e) to have the trial commenced and
judgment given without unreasonable
delay;
(f) to compensation for wrongful
detention or imprisonment;
(g) to choose, and be represented by, a
legal practitioner and to be informed of
this right before taking plea;
(h) to have a legal practitioner assigned to
the accused person by the State, at
public expense, if substantial injustice
would otherwise result;
(i) to be informed promptly of the right in
paragraph (h);

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 (j) to remain silent during the trial and
not to testify during the proceedings;
(k) to challenge and adduce evidence;
(l) not to have illegally obtained evidence
admissible at the trial;
(m) not to be compelled to give self-
incriminating evidence;
(n) to have, without payment, the
assistance of an interpreter if the
accused person cannot understand the
language used at the trial and, in the
case of a deaf person, a sign language
interpreter;
(o) not to be charged, tried or convicted for
an act or omission that was not, at the
time it was committed or omitted, an
offence under a written law;
(p) not to be tried for an offence in respect
of an act or omission for which that
person had previously been acquitted
or convicted;
(q) to the benefit of the least severe of the
prescribed punishment, if the
prescribed punishment for an offence
was changed between the time that
offence was committed and the time of
sentencing; and
(r) of appeal to, or review by, a higher
court.
(3) Where this Article requires information to be
given to a person, that information shall be given-
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 (a) in a language which that person
understands;
(b) in the case of a visually impaired
person, in Braille or tactile diagrams;
(c) in the case of a deaf person, in sign
language; or
(d) in another appropriate form of
communication.

Right to re-trial and 50. (1) A person who is convicted of an offence

re-examination of
evidence
and whose appeal has been dismissed by the highest court
to which that person is entitled to appeal, may petition the
Supreme Court for a re-trial if new and compelling evidence
is available.
(2) Where there is compelling evidence that a
person may be innocent of an offence, the State may petition
the Supreme Court to re-examine that evidence and
determine whether that person committed the offence or not.

Equality of both 51. (1) Women and men have the right to
gender
equal treatment and opportunities.
(2) Women and men have an equal right to
inherit, own, use, administer and control property.
(3) A woman and a man have equal rights in the
marriage and at the dissolution of the marriage.
(4) Without limiting a right or freedom, women
and men have the right to-
(a) reproductive health, including family
planning and access to related
information and education;

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 (b) acquire, change or retain their
nationality, including the right to
change the nationality of their child if
this is in the best interest of the child;
(c) choose residence and domicile;
(d) guardianship or adoption of a child;
and
(e) choose a family name.

Economic, Social, Cultural and Environmental Rights

Economic and 52. (1) A person has the right, as prescribed,

social rights to-
(a) health care services;
(b) decent housing;
(c) food of acceptable standard;
(d) clean and safe water;
(e) decent sanitation;
(f) social protection; and
(g) education.
(2) A person shall not be denied emergency
medical treatment.

Choice of trade, 53. A person has the right to choose a trade, an

occupation or
profession occupation or a profession, subject to limitations imposed by
law.

Labour relations 54. (1) A person has the right to employment

and fair labour practices.

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 (2) A person in employment has the right to-
(a) fair remuneration commensurate to the
productivity or size of the enterprise;
(b) decent working conditions;
(c) a pension benefit commensurate with
that person’s office, salary and length
of service; and
(d) form, join or participate in the activities
and programmes of a trade union,
including going on a lawful strike.
(3) An employer has the right to-
(a) form and join an employers’
organisation;
(b) participate in the activities and
programmes of an employers’
organisation; and
(c) lock out.
(4) A trade union and an employers’ organisation
have the right to-
(a) determine their own administration,
programmes and activities; and
(b) form or join a federation.

Consumer rights 55. A consumer has the right to-

(a) goods and services of reasonable
quality and standard;
(b) information necessary to gain full
benefit from goods and services;
(c) compensation for loss or injury arising
from a defect in goods or services; and

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 (d) fair, honest and decent advertising of
goods and services.

Language, culture 56. (1) Subject to Article 304, a person has the
and intellectual
property rights right to use a language of that person’s choice.
(2) A person who belongs to a cultural or
linguistic community has the right, with other members of
that community to –
(a) enjoy that person’s culture; and
(b) form, join or maintain cultural and
linguistic associations.
(3) A person shall not be compelled to-
(a) perform, observe or participate in
cultural practices or rites; or
(b) form, join, contribute, maintain or pay
allegiance to a cultural or linguistic
association.
(4) The State shall-
(a) recognise the role of science,
technology and indigenous technology
in the development of the Nation; and
(b) support, promote and protect
intellectual property rights.

Environment 57. A person has the right to a safe, clean and

healthy environment.

Progressive 58. (1) The State shall take reasonable

realisation of
economic, social, measures for the progressive realisation of economic, social,
cultural and
environmental
cultural and environmental rights.
rights

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  (2) Where a claim is made against the State on
the non-realisation of an economic, social, cultural or
environmental right, it is the responsibility of the State to
show that the resources are not available.
(3) The Constitutional Court shall not interfere
with a decision by the State concerning the allocation of
available resources for the progressive realisation of
economic, social, cultural and environmental rights.

Further and Special Rights

Further rights
for older
59. The older members of society are further
members of entitled to the right to –
society
(a) participate fully in the affairs of society;
(b) personal development;
(c) independent living; and
(d) social protection, as prescribed.

Further
protections and 60. (1) The State shall recognise and protect
rights relating to
the family as the natural and fundamental unit of society
marriage and
family and the necessary basis of the social order.
(2) A person who is nineteen years of age or older
has the right to choose a spouse of the opposite sex and
marry.
(3) The State shall -
(a) ensure the right of women to adequate
maternity leave;
(b) ensure the availability of adequate
paternity leave;
(c) ensure the availability of maternal
health care and child health care; and
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 (d) promote the establishment of child-
care facilities.
(4) A pregnant or nursing woman has the right to
a non-custodial sentence, except as a measure of last resort
where she poses a danger to the community.

Special and
further rights for 61. (1) A child is equal before the law.
children
(2) In all actions and decisions concerning a
child, the best interest of the child shall be the primary
consideration.
(3) A child’s mother and father, whether married
to each other or not, have an equal duty to protect and
provide for the child.
(4) A child is further entitled to the following
civil and political rights:
(a) to acquire a nationality;
(b) to registration of birth and to a name;
(c) not to be subjected to corporal
punishment or other form of violence,
cruel or inhuman treatment in the
home, school or an institution
responsible for the care of children;
(d) to be protected in times of armed
conflict and not to be recruited and
used in armed conflict;
(e) not to take part in hostilities;
(f) to protection from all forms of sexual
exploitation or abuse;
(g) not to be subjected to harmful cultural
rites and practices;

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(h) not to be incarcerated on account of
the mother’s incarceration;
(i) not to be held in custody, except as a
measure of last resort, in which case
the child shall be -
(i) held in custody for a period of not
more than forty-eight hours;
(ii) kept separate from adults in
custody;
(i) accorded legal assistance by the
State;
(ii) treated in a manner and be kept
in conditions that take into
account the child’s gender and
age; and
(iii) tried in a Children’s Court;
(j) to protection of the child’s identity from
exposure by the media or person
during criminal proceedings;
(k) not to be discriminated against,
neglected or abused;
(l) not to be engaged in work that is
exploitative or likely to be hazardous or
adverse to the child’s health or welfare;
(m) not to marry or be forced to marry;
(n) to know of decisions affecting the child,
to express an opinion and have that
opinion taken into account, having
regard to the age and maturity of that
child and the nature of the decision;
and
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 (o) to diversion programmes.
(5) A child is further entitled to the following
economic and social rights:
(a) parental care or, where the child is
separated from its parents, to
appropriate alternative care;
(b) free primary and secondary education;
(c) survival and development;
(d) adequate nutrition, shelter, basic
health care services, social protection
and social services; and
(e) a standard of living adequate for the
child’s physical, mental, spiritual,
moral and social development.
(6) The State shall protect a child-
(a) with special needs;
(b) who is orphaned;
(c) whose parent or guardian is in prison;
(d) whose parent or guardian is unfit to
look after the child;
(e) with disability;
(f) who is a refugee; and
(g) who is homeless or lives or spends time
on the streets.

Further 62. The youth are further entitled to the right to –

rights for
youth (a) personal development;
(b) participate in governance;
(c) access gainful employment; and

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 (d) participate in the social, economic,
political and other spheres of national
life.

Further
63. (1) Subject to clause (2), a person shall not
protection of engage a young person in an occupation or employment
young person
which would prejudice the health, education or interfere with
the physical, mental or moral development of that young
person.
(2) A young person may be employed for a wage,
as prescribed.

Further rights for 64. A person with disability is further entitled to

persons with
disabilities the right to–
(a) education and facilities that integrate
the person into society;
(b) access to the physical environment,
information, communications, public
facilities and services, places and
transportation;
(c) access materials, facilities and assistive
devices for persons with disability;
(d) use sign language, Braille or other
appropriate means of communication;
(e) be addressed or referred to in an
enactment or officially, publicly or
privately, in a manner that is not
demeaning, derogatory or
discriminatory;

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 (f) equal opportunities in the public
service and cultural, political,
economic and social activities;
(g) tax free materials and assistive devices;
(h) personal development and independent
living; and
(i) social protection, as prescribed.

Non-Derogable Rights and Freedoms, Limitations

and Derogations

Non-derogable rights 65. Notwithstanding any other provision, a law

and freedoms
shall not derogate from the following rights and freedoms:
(a) protection from inhuman treatment
and security of person;
(b) protection from slavery, servitude or
forced labour;
(c) freedom of conscience, belief and
religion;
(d) the right to a writ of habeas corpus;
(e) non-refoulement as provided for in
Article 41; and
(f) a right to a fair trial.

Limitations on 66. A right or freedom is limited by -

rights and freedoms
(a) a limitation, restriction or qualification
expressly set out in the Article or
clause containing that right or
freedom;

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 (b) the limitations and restrictions
specified in this Article and Article 67;
and
(c) the limitations and restrictions
provided in a law of general application
as provided in Article 67, which do not
negate the core or the essential content
of the right or freedom and is
reasonable and justifiable in a
democratic society, taking into
account-
(i) the nature of the right;
(ii) the purpose of the limitation or
restriction;
(iii) the extent of the limitation or
restriction; and
(iv) whether there are alternative
means to achieve the required
purpose.

Limitations and 67. A law that limits or restricts a right or freedom

restrictions
under law is valid only to the extent that the law -
(a) is reasonably required in the interest of
public defence and security, public
safety, public order, public morality,
public health, national, provincial and
local spatial planning, taxation or the
development, management and
utilisation of natural and mineral
resources;

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 (b) relates to the acquisition of property to
secure the development, management
or utilisation of the property for a
purpose beneficial to the community or
the public generally, upon the payment
of due compensation;
(c) relates to a contract, lease, trust,
settlement, deed, letter of
administration, tenancy, mortgage,
charge, pledge, bill of sale or title deed
to land or other instrument;
(d) provides for licensing of activities;
(e) is required to enforce a judgment or an
order of a court or tribunal; or
(f) imposes restrictions and duties on
defence and security officers, other
public officers and Constitutional office
holders.

Derogation of rights 68. An act or measure taken, under a law, during

and freedoms
war, state of public emergency, threatened state of public
during emergency
or national disaster emergency or a national disaster shall not be inconsistent
with this Part –
(a) if the act or measure taken is
reasonably justifiable for dealing with
the war, state of public emergency,
threatened state of public emergency or
national disaster; and
(b) if the law provides for the necessary
detention of persons during a war,
state of public emergency or threatened
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 state of public emergency, subject to
Article 69.

Measures 69. (1) Where a person is detained during a

applicable during
war, state of public emergency or threatened state of public
war or emergency
emergency, the following shall apply:
(a) that person shall, as soon as is
reasonably practicable, and in any case
not more than fourteen days after the
commencement of the detention or
restriction, be furnished with a
statement, in writing, specifying, in
detail, the grounds of the restriction or
detention;
(b) not more than seven days after the
commencement of the detention a
notification shall be published in the
Gazette –
(i) giving particulars of the place of
detention; and
(ii) stating the provision of the law
under which the detention is
authorised;
(c) if that person so requests, at any time
during the period of the detention or
not later than twenty-one days after
the commencement of the detention
and at intervals of not more than thirty
days thereafter, the case shall be
reviewed by the Constitutional Court;

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 (d) that person shall be afforded
reasonable facilities to consult a legal
practitioner of that person’s choice who
shall be permitted to make
representations to the authority by
which the detention was ordered or to
the Constitutional Court; and
(e) at the hearing of the case by the
Constitutional Court, that person may
challenge the -
(i) detention; or
(ii) validity of the declaration of war,
state of public emergency or
threatened state of public
emergency and the measures
taken during that period.
(2) The President may refer to the Constitutional
Court for review the case of a person who has been or is
detained under a detention order under any law.
(3) The Constitutional Court shall make a
decision on a matter reviewed by it under this Article.

Enforcement of Bill of Rights

Enforcement of 70. (1) A person who alleges that a provision

Bill of Rights
of the Bill of Rights has been or is being contravened, in
relation to the person, may apply for redress to the
Constitutional Court or to another court which that person
has immediate access to.
(2) A person may bring an action against the
violation of another person’s rights and freedoms.
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Report on 71. The President shall, each year, when
realisation of rights addressing the National Assembly, report on the
and freedoms measures taken by the State in the realisation of the
Bill of Rights.

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