Zimbabwe Rule of Law Journal |171
Zambia’s constitution does not define the term ‘law’; however, the Zimbabwe constitution defines
law to mean;
a)
Any provision of the constitution or an Act of Parliament
b)
Any provision of a statutory instrument
c)
Any unwritten law in force in Zimbabwe including customary law.
Section 266 of the definitions section found under the constitution of Zambia proceeds to define gross
misconduct to mean;
(a)
Behaviour which brings a public office into disrepute, ridicule or contempt;
(b)
Behaviour that is prejudicial or inimical to the economy or the security of the State;
(c)
An act of corruption; or
(d)
Using or lending the prestige of an office to advance the private interests of that person,
members of that person’s family or another person;
The definition of offences which constitute serious misconduct provides for a clearer process for the
removal of the President of Zambia which differs distinctly from the state of the Zimbabwean constitution.
Zambia has also demonstrated an impressive institutional and constitutional capacity to enforce the
principles pertaining to the rule of law, separation of powers, and transparency and accountability
through its most recent ruling.
In the case of a petition brought before the constitutional court of Zambia by Steven Katuka, Law
Association of Zambia against the Attorney-General, Ngosa Simbyakula and sixty three others27 the
second and the third petitioners challenged the continued stay in office of the Cabinet and Provincial
Ministers. The issue was whether the Vice-President and Cabinet Ministers of the Government of the
Republic of Zambia could continue holding their ministerial positions and continue to enjoy benefits
27
Selected Judgment NO. 29 OF 2016 P.957 in the constitutional court of Zambia held at Lusaka (Constitutional Jurisdiction)
2016/CC/0010/ 2016/CC/0011
Select target paragraph3
Add to table of contents