Constitution of Zambia 1991, as amended to 2016
Customary Law
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    1. This Constitution is the supreme law of the Republic of Zambia and any other written law, customary law and customary practice that is inconsistent with its provisions is void to the extent of the inconsistency.
    … (Art. 1)
Customary Law
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    The Laws of Zambia consist of—
    ...
    d. Zambian customary law which is consistent with this Constitution; … (Art. 7)
Customary Law
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    1. Except as provided in this Article, no property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, unless by or under the authority of an Act of Parliament which provides for payment of adequate compensation for the property or interest or right to be taken possession of or acquired.
    2. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of clause (1) to the extent that it is shown that such law provides for the taking possession or acquisition of any property or interest therein or right thereover—

    y. for the purpose of the administration or disposition of such property or interest or right by the President in implementation of a comprehensive land policy or of a policy designed to ensure that the statute law, the Common Law and the doctrines of equity relating to or affecting the interest in or rights over land, or any other interests or right enjoyed by Chiefs and persons claiming through and under them, shall apply with substantial uniformity throughout Zambia;
    … (Art. 16)
Customary Law
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    ...
    2. Every person who is charged with a criminal offence—...
    d. shall unless legal aid is granted him in accordance with the law enacted by Parliament for such purpose be permitted to defend himself before the court in person, or at his own expense, by a legal representative of his own choice;

    12. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of—

    b. paragraph (d) of clause (2) to the extent that it is shown that the law in question prohibits legal representation before a subordinate court in proceedings for an offence under Zambian customary law, being proceedings against any person who, under that law, is subject to that law;
    … (Art. 18)
Customary Law
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    1. Subject to clauses (4), (5) and (7), no law shall make any provision that is discriminatory either of itself or in its effect.

    3. In this Article the expression “discriminatory” means affording different treatment to different persons attributable, wholly or mainly to their respective descriptions by race, tribe, sex, place of origin, marital status, political opinions, colour or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description.
    4. Clause (1) shall not apply to any law so far as that law makes provision-

    c. with respect to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law;
    d. for the application in the case of members of a particular race or tribe, of customary law with respect to any matter to the exclusion of any law with respect to that matter which is applicable in the case of other persons;
    … (Art. 23)
Customary Law
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    ...
    2. In exercising judicial authority, the courts shall be guided by the following principles:

    d. alternative forms of dispute resolution, including traditional dispute resolution mechanisms, shall be promoted, subject to clause (3);
    ...
    3. Traditional dispute resolution mechanisms shall not—
    a. contravene the Bill of Rights;
    b. be inconsistent with other provisions of this Constitution or other written law; or
    c. be repugnant to justice and morality. (Art. 118)
Customary Law
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    1. The institution of chieftaincy and traditional institutions are guaranteed and shall exist in accordance with the culture, customs and traditions of the people to whom they apply.
    2. Parliament shall not enact legislation which—
    a. confers on a person or authority the right to recognise or withdraw the recognition of a chief; or
    b. derogates from the honour and dignity of the institution of chieftaincy. (Art. 165)
Customary Law
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    The institution of chieftaincy—
    a. is a corporation sole with perpetual succession and capacity to sue and be sued; and
    b. has capacity to hold property in trust for its subjects. (Art. 166)
Customary Law
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    A chief—
    a. may own property in a personal capacity; and
    b. shall enjoy privileges and benefits—
    i. bestowed on the office of chief by or under culture, custom and tradition; and
    ii. attached to the office of chief, as prescribed. (Art. 167)
Customary Law
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    1. There is established a House of Chiefs.
    2. The House of Chiefs shall consist of five chiefs from each province, elected by the chiefs in a Province, as prescribed.
    3. The members of the House of Chiefs shall annually elect a Chairperson and Vice-Chairperson of the House of Chiefs, from amongst themselves.
    4. Notwithstanding clause (3), the assumption of office as Chairperson and Vice-Chairperson of the House of Chiefs shall rotate annually amongst the chiefs from each province.
    5. The functions of the House of Chiefs are to —
    a. consider and discuss a Bill relating to custom or tradition referred to it by the President, before the Bill is introduced into the National Assembly;
    b. initiate, discuss and make recommendations to the National Assembly regarding socio-economic development in the Province;
    c. initiate, discuss and decide on matters relating to customary law and practice;
    d. initiate, discuss and make recommendations to a local authority regarding the welfare of communities in a local authority;
    e. make proposals on areas in customary law that require codification;
    f. advise the Government on traditional and customary matters; and
    g. perform other functions as prescribed. (Art. 169)
Customary Law
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    1. Land shall be delimited and classified as State land, customary land and such other classification, as prescribed.
    … (Art. 254)
Customary Law
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    In this Constitution, unless the context otherwise requires—

    • “chief” means a person bestowed as chief and who derives allegiance from the fact of birth or descent, in accordance with the customs, traditions, usage or consent of the people in a chiefdom;
    ... (Art. 266)
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Part IV on Citizenship.
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Part III on Protection of Fundamental Rights and Freedoms of the Individual.
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Part III on Protection of Fundamental Rights and Freedoms of the Individual.
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Part III on Protection of Fundamental Rights and Freedoms of the Individual.
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These articles are from Part III on Protection of Fundamental Rights and Freedoms of the Individual.
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Part III on Protection of Fundamental Rights and Freedoms of the Individual.
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Part III on Protection of Fundamental Rights and Freedoms of the Individual.
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Part III on Protection of Fundamental Rights and Freedoms of the Individual.
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Part III on Protection of Fundamental Rights and Freedoms of the Individual.