Introduction

The aim of the essay is to trace the history of the legislative process in Zambia from the

establishment of the legislative council for northern Rhodesia to the current day legislative

assembly.

The history of the Zambian legislative dates back to early 1924 when the country was directly

under British rule1, formerly Northern Rhodesia, was administered by the British South Africa

Company (BSA CO) from 1890 until 1924. During the BSA rule, there were political demands

that culminated in the formation of an Advisory Council in 1918, composed of 5 elected

Members, out of which, one represented the Europeans of the former North-Western Rhodesia

and one represented the Europeans of the former North-Eastern Rhodesia.2However, the

Advisory Council provided the European settlers with a limited voice in the territory’s

administration, because legislative and executive authority remained vested in the

Administrator of the BSA CO .In 1924, Northern Rhodesia was placed under the direct

administration of the British Government. However, the European settlers continued to agitate

for more political control in the governance of the territory. At this point, the British Government

conceded and replaced the Advisory Council with the LEGICO, similar to other British colonies.

The LEGICO was established as a central institution representing Crown authority and local

interests. It was also a follow up to the European demands for a responsible Government that

would mainly accord white settlers a larger voice in the running of affairs, than had been the case

during the BSA rule. The first meeting of the LEGICO was held on 23rdMay, 1924, in

Livingstone, the first capital city of Northern Rhodesia. Since the establishment of the LEGICO,

the Zambian Legislature has evolved from having the Governor chairing the LEGICO meetings,

or having appointees of the Governor as Presiding Officers to having elective Presiding Officers.
1
Abstract 14 Time chart for the Zambian parliament
Several years later, Northern Rhodesia attained self-rule on 24thOctober, 1964, and the LEGICO

was renamed the NAZ, with full legislative powers. To this end, the NAZ continues to undergo

notable reforms in terms of its location, infrastructure, composition and functioning. 2Ng’ona

Mwelwa Chibesa kunda (2001) The Parliament of Zambia. National Assembly of Zambia2

Parliament in the First Republic (1964-1972)

The last legislative council before independence was formed after the elections of 28 January
19643.
At independence, the Zambian Constitution provided for the NAZ to consist of 75 elective seats
and 5 seats for presidential nominees, bringing the total membership of the National Assembly to
80. The First National Assembly met on 14thDecember, 1964 at the Cabinet Office in Lusaka.
On the same day, the first Speaker of the National Assembly was elected from amongst the
Members of Parliament (MPs). This was a total shift in the procedure of the House from the
colonial period when the Speaker was an appointee of the Governor of Northern Rhodesia. The
Republican President also became an MP.
In addition, Parliament was no longer a royal authority but, an independent institution, making
up one of the three arms of Government. This meant that the legislative powers of Zambia
would be vested in Parliament. Later in January, 1968, the Constitution (Amendment) Act No.
2 of 1968 raised the membership of the Assembly to110, of which 105 were elected and 5
nominated by the President4.
IN 1969 A constitutional referendum was held in Zambia on the 17thJune 1969. The purpose of
the referendum was to seek public approval for parliament to amend entrenched clauses of the
constitution with a two third majority. The referendum was passed with 85 per cent voting in
favor of the change. Voter turnout was 69 percent5.
However, in 1972, owing to the rivalry between UNIP and ANC, President Kenneth Kaunda
banned the existence of opposition political parties and announced Government’s intention to
make Zambia a one-party participatory democracy. This marked the end of the First Republic
and beginning of the Second Republic, under the one-party participatory order.
2
An insight into the evolution of the Zambian parliament page 1
3
Legal process by Munalula page 60
4
An insight into the evolution of the Zambian parliament page 2
5
Legal process by Munalula Page 61
Parliament in the Second Republic (1973 to 1991) The ushering in of the Second Republic and

the one-party state by the Constitution of Zambia Act No. 27 of 1973brought a number of

changes, including the increase in membership of the National Assembly from 110 to 135.

Article 83 (1) stipulated that the President was entitled to attend and address the National

Assembly at any time. In terms of procedure, the Commonwealth procedures were still a major

determinant of the manner in which Business was conducted. The backbenchers, though from the

same party as the frontbench, performed the watchdog role over Government. However, by

1990, the Cabinet had about 77 Members, against 46 backbenchers. To a certain extent, having

Executive and backbench Members from the same political party compromised the oversight role

of Parliament. Although the one-party rule was in force, it faced some political and armed rebel

insurgencies, notably the Adamson Mushala armed rebellion from 1976 -1982. Therefore, after

persistent demands that were mounted by pressure groups for change of the political system, the

Government called for a referendum to determine whether the people of Zambia wanted the re-

introduction of a multi-party democracy or not. During the referendum, it became apparent that

Zambians favored a multi-party democratic dispensation. As a result, President Kenneth Kaunda

called off the referendum, and the Government facilitated the repeal of Article 4 of the 1973

Constitution in December, 1990.

1.4Parliament in the Third Republic (1991 to 2022*3) Article 4 of the 1973 Constitution

facilitated the ushering in of the Third Republic, by legalizing multiparty democracy through the

formation of political parties. The new Constitution went into effect on 29thAugust, 1991. This

resulted in President Kaunda dissolving the National Assembly, to pave way for the beginning of

the Third Republic and the re-introduction of multi-party democracy. The 1991 Constitution

conferred powers on the Republican President to convene Parliament, set dates for elections and
give final approval to laws (the Presidential Assent). On 16th May, 1996, the National Assembly

approved the Constitution of Zambia (Amendment) Act No. 18 of 1996, which prohibited

individuals not born in the country to Zambian parents from running for the presidency. A few

months later on 19th October, 1996, President Chiluba dissolved the National Assembly to pave

way for general elections on 18th November. The bill was read by the back bencher, he then

brought about a committee that would help in the law- making procedure. Therefore, he

introduced the act of sending the bill to the committee, he also introduced an act of sending the

bill after it is read the second time. right after it`s read the first time. In 1999 the cost of a private

member bill and it`s drafting was moved from being the responsibility of the person to

parliament it`s self before 1998 if you are a private member you are going to introduce a bill

before parliament and you want it to become law you are responsible of funding that bill but

what simply changed in 1991 was the introduction of a consolidated fund, the consolidated fund

brought enough funds to support any person who brings about a private bill Article 64 (2) of the

constitution of Zambia

Currently for a bill to become law it has to pass through the stages of the bill

First Reading

The Bill is presented and read for the first time. No debate takes place and the Speaker refers the

Bill to a relevant Committee. For the Committee to come up with a report on the Bill,

consultations with various stakeholders are conducted. The 4 Committee Report is used to

inform the debate in the House on the Bill. For the majority of Bills, there is no set time within

which they should be published before being introduced in the House. a Bill for the alteration of

the Constitution should be published in the Government Gazette for not less than thirty (30) days

before the First Reading. This requirement applies to Bills which seek to amend the Constitution.
(b) Second Reading This is the most important stage in the legislative process of a Bill. At this

stage, the principle behind the Bill is debated in detail. The Member responsible for the Bill

reads a prepared speech which gives detailed explanations of what is involved in the Bill and its

implications and he/she outlines the advantages and disadvantages as perceived by him/her. This

is followed by a general debate on the Bill which is informed by the report of the relevant

Committee on the Bill. During the debate, unless one has been misquoted or one needs to clarify

a point made earlier, a Member-speaks only once to ensure that as many Members as possible

have an opportunity to contribute to the debate. The only exception to this rule is that the initiator

of the Bill reserves the right to wind up the debate. At the end of the debate, the Speaker puts the

question to the House that the Bill be read a second time. Members indicate by saying "AYE," if

they are in favor of the Bill or "NO," if they are against it. If the "A YES" are in the majority, the

Speaker orders the Bill to be read a second time. If, on the other hand, the "NOES" are in the

majority, the Bill is withdrawn and it cannot be reintroduced during the same Session. If there is

a dispute as to whether the "AYES or the "NOES" are in the majority, a Division is called. In the

case of a Bill to amend the Constitution, when the question is put by the Speaker that the Bill be

read a second time, a vote is immediately conducted and the Bill requires the support of at least

two-thirds of the total membership of the House on Second Reading. (c) Committee Stage At this

time, a Bill is ordered to be considered by the Committee of the whole House. The Committee

examines the Bill in detail, clause by clause. Members are free to speak more than once and may

introduce amendments provided such amendments are compatible with the Bill. The Committee

Stage is chaired by the First Deputy Speaker or the Second Deputy Speaker.

5(d)The Report Stage is in practice similar to the Committee Stage except that, here, only

additional amendments to the Bill not moved at the Committee Stage, and not Clauses, are
considered. If a Bill has not been amended at Committee Stage, the Third Reading is promptly

proceeded with. The Report Stage affords Members an opportunity to make further amendments

of which notice would have been given. During this stage, the Speaker presides over the

proceedings.

(e) Third Reading the next stage of the Bill is the Third Reading. Here the Bill is reviewed in its

final form and no debate takes place. When the question has been put and agreed to, the Bill is

deemed to have been passed and, thereafter, is presented to the President for assent. The only

exception again is a Bill to amend the Constitution which has to be passed at Third Reading with

at least two-thirds majority of all Members of the Assembly. Presidential Assent Once a Bill is

presented to the President for assent, the President shall, within twenty-one days assent to the

Bill. If the President gives his/her assent to the Bill it becomes law (an Act of Parliament) and

takes effect immediately it is published in the Government Gazette or as stated in the Act. The

President can, however, withhold assent to any Bill, in which case the Bill is returned to the

National Assembly. Such a Bill is returned to the House with a message for the National

Assembly to reconsider. The National Assembly may amend the Bill taking into account the

President’s reservations or pass it without amendments on a vote supported by at least two-thirds

of the Members of Parliament. Where the National Assembly fails to pass the Bill referred to it

on a vote, the Bill

shall not be presented to the National Assembly in that session. If the President does not assent to

a Bill resubmitted to him/her by the Speaker, within seven days, the Bill shall be considered

assented to upon the expiry of the above stipulated period. In the exercise of legislative power in

the House, to the enactment of the laws of Zambia, the Journals and Legal Services Department
monitors the progress of Bills in the House, the Presidential assent and the publication of the Act

in the Government Gazette.

Members who may want to trace the debate on any Bill afterwards may check with the Journals

and Legal Services Department for dates and days from the Bills register and thereafter may read

the debates from the Daily Parliamentary Debates.