Jun 15, 2012

Constitution Review: Part I

Below are the provisions slated for in depth discussion during tomorrow's show on Zambia Blog Talk Radio, hosted by yours truly. 


The segment will air at 8 a.m. PST, 11 a.m. EST, 15 hrs GMT, 17 hrs CAT. 

Protection from discrimination

27. (1) A person has the right not to be discriminated against, directly or indirectly, on any grounds including birth, race, sex, origin, colour, age, disability, religion, conscience, belief, culture, language, pregnancy, health, marital, ethnic, tribal, social or economic status.

(2) Subject to clause (3), a law shall not make any provision that is discriminatory either of itself or in its effect.

(3) Any law or measure that provides affirmative action, in respect of any group of persons or sector of the society, in order to address discrimination based on birth, race, sex, origin, colour, age, disability, religion, conscience, belief, culture, language, pregnancy, health, marital, ethnic, tribal, social or economic status, shall not be construed as discrimination.

Right to life

28. (1) A person has, subject to clauses (2) and (3), the right to life, which begins at conception.

(2) A person shall not be deprived of life intentionally, except to the extent authorised by this Constitution or any other law.

(3) A person may be deprived of life if that person has been convicted of a capital offence and sentenced to death.

(4) A person who is sentenced to death has the right to seek a pardon or commutation of the sentence.

(5) 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 crime.

(6) A person shall not be regarded as having intentionally deprived another person of that person’s life if the other person dies as a result of the application of force to such extent as is reasonably justifiable -

(a) for the defence of property or any person from violence;

(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;

(c) for the purpose of suppressing a riot, insurrection, mutiny or as a result of war; or

(d) in order to prevent the commission by that person of an offence.

Protection from inhuman treatment

30. A person shall not be subjected to torture, cruel, inhuman or degrading punishment or other like treatment.

Freedom of religion and conscience

35. (1) A person has the right to freedom of conscience, religion, thought, belief and opinion.
(2) A person has the right, either individually or in community with others, in public or in private, to manifest any religion or belief through worship, observance, practice or teaching.

(3) Clause (2) does not extend to-

(a) anti-Christian teaching and practice;
(b) propaganda to incite religious wars; and
(c) any conduct that infringes the enjoyment of religious freedoms by others.

(4) A religious community shall be entitled, at its own expense, to establish, maintain and manage educational institutions, facilities and programmes for, and to provide religious instruction to, members of that community.

(5) Religious observance and instruction may be conducted at State or State-aided institutions as long as –

(a) the facilities for that religious observance and instruction at that institution are made available on an equitable basis, having regard to the beliefs of the population served by that institution; and
(b) attendance, observance or instruction is voluntary.

(6) A person shall not be deprived of access to any institution, employment or facility, or the enjoyment of any right or freedom because of that individual’s religious beliefs.

 (7) A person shall not be compelled –

(a) to take an oath that is contrary to that individual’s religion or belief or that involves expressing a belief that the individual does not hold;
(b) to take an oath in a manner that is contrary to that individual’s religion or belief;
(c) to receive instruction in a religion that is not that individual’s religion or to attend a ceremony or observance of that religion;
(d) by a public body or public officer to disclose that individual’s religious conviction or belief; or (e) to do any other act that is contrary to that individual’s religion or belief.

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