Introduction
A constitution is primarily a set of rules and principles specifying how a country should be
governed, how power is distributed and controlled, and what rights citizens possess. It is
usually written down and contained within a single document.
The power to make laws is generally assigned to parliament, however the term 'Sources of
Law' takes into account more than parliament and parliamentary legislation. The sources of
law in Zambia include the following listed in order of importance to the legal system.
The constitution, legislation, judicial precedent, English common law, equity and statutes and
customary law.
The Constitution of Zambia
This is the most fundamental law in Zambia. It is Cap 1 of the laws of Zambia and is subject
to special amendment procedures including a referendum. Every country in the world is
governed by a constitution that is either written or unwritten. The constitution helps to
promote an orderly system of governing a country, it explains government structure, how a
government is formed and how laws are made.
The constitution is supposed to be the enactment of the people's desires and expectations.
Furthermore, it indicates citizens' rights in part three viz bill of rights as well as the duties of
every citizen in act 113.
The constitution is the supreme law of the land hence is a major source of law. All Other laws
draw their legitimacy from it and Article 11 states that if any other law is inconsistent with the
constitution that other law shall, to the extent of the inconsistency be void.
Legislation
Legislation refers to laws that have been passed by parliament and have been assented by the
president. Subsidiary legislation refers to laws passed by other bodies to which parliament
have validly delegated such legislative powers.
Parliament is the arm of the state that is assigned the power to make all laws applicable in the
country, enacted laws are called acts of parliament. In Zambia, legislation lies in the National
1
The Constitution Cap 1 of the Laws of Zambia
assembly and is assented to by the President. Parliament can confer power on any authority to
create binding laws.
Currently parliament consists of one House; the National assembly. Legislation brought
through parliament before the National Assembly undergoes scrutiny before it goes for assent
to the president. A bill shall not become a law unless the president has assented to it and has
signed it in token of that assent.
The attorney general is charged with drafting and signing all bills presented before
parliament. Laws made by the National Assembly and assented to by the president shall be
styled “Acts” and words of enactment shall be “Enacted by the parliament of Zambia.”
Judicial Precedent
Black’s law dictionary defines precedents as: “An adjusted case or decision of the court
considered as furnishing an example or authority for an identical or similar case afterwards
arising on a similar question.” 2
Expanding on that definition the dictionary explains that, courts attempt to decide cases on
the basis of principles established in prior cases, and that prior cases which are close in fact or
legal principles to the case in consideration.
Judicial precedent is the process by which judges follow previously decided cases where the
fact where sufficiently similar.The courts are also a source of law in the sense that the
interpretation of statutes as they are applied in the court results in binding judicial
precedents.
Zambian precedent takes priority over precedents from other parts of the world. English
precedents are the primary source resorted to if we have lacuna in our way.
A precedent influences future decisions. Every decision is pronounced on a specific set of
past facts. From the decision of those facts, a rule is extracted and projected into the future.
The rule has to be capable of applying to a range of broadly similar situations against a
background of changing conditions. In general terms it has to be 'malleable'.
2
Dias, R., 1985. Jurisprudence. 5th ed. p.136.