About the NCC

ESTABLISHMENT OF THE NCC
The National Constitutional Conference (NCC) was established under the National Constitutional Conference (NCC) Act No. 19 of 2007. The Act stipulates the composition, functions, powers and above all the procedure on how the functions of the Conference shall be conducted.

According to Part II Clause 3 of the NCC Act, the NCC is a forum for the examination, debate and adoption of proposals to alter the Constitution as contained in the Draft Constitution submitted by Mung’omba Constitutional Review Commission.

The enactment of the NCC Act followed the recommendations of the people to the Mung’omba CRC that the Constitution should be adopted by a Constituent Assembly, a Constitutional Conference or any other popular body that would represent the views of the people.

THE NCC MEMBERSHIP

Currently there are four hundred and ninety-five (495) members who have been appointed by the Secretary to the Cabinet under section 4 of the NCC Act.

Forty (40) members have not taken up their seats at the NCC. However, these members are free to join at any time and contribute to the adoption of a people’s Constitution.

THE NCC CONSTITUTION ADOPTION PROCESS

The NCC Act gives the Conference a period of 12 months from the time it came into effect in which to complete its work of debating, deliberating and adopting a new constitution. However this period does not include the period when the National Assembly is sitting. Members may request the president to extend this period if they consider the period provided to be inadequate.

Once the final draft is completed, the document shall be published for a period of sixty days in both English and the local languages namely: Lozi, Tonga, Bemba, Nyanja, Luvale, Lunda and Kaonde. This will be done in order to solicit for comments from the members of the public.

After the elapse of the sixty days, the Conference shall reconvene to produce the final Draft Constitution and the Report incorporating the views of the people.

After adopting the final text of the new Constitution, the members will decide either to;

(i). Submit to the Minister the entire adopted Constitution for submission to a National Referendum without options referred to in (ii) and (iii) below or;

(ii). Submit to the Minister for presentation to the National Assembly for enactment if the Draft Bill does not contain any provisions to alter Part III or Article 79 of the Constitution or;

(iii). Submit to the Minister for submission to a referendum, if the Draft Bill contains provisions to alter Part III or Article 79 of the Constitution or any provisions in the Mung’omba Draft Constitution on which there is no agreement either through consensus or secret ballot.

WHAT THE NCC HAS DONE SO FAR

The NCC commenced its work on 19th December, 2007 when His
Excellency the President of the Republic of Zambia Dr. Levy Patrick
Mwnanwasa, SC officially launched it. This was preceded by the swearing
in ceremony of the members by His Lordship the Chief Justice Ernest
Sakala.

The NCC has so far accomplished the following:

1.4.1. Elected its Executive members headed by the NCC Chairperson
Hon. Chifumu K. Banda SC, MP. Four other members of the Executive were elected as Vice-Chairperson and Spokesperson respectively as follows:

• Hon. Faustina B. Sinyangwe, MP – Vice-Chairperson
• Hon. Regina Musokotwane, MP- Vice-chairperson
• Mr. Leonard Hikaumba – Vice-cHairperson
• Mrs Mwagala Zaloumis – Spokesperson

The elections were conducted by the Electoral Commission of Zambia (ECZ) during the First sitting of the NCC from 19th to 21st December, 2007.

The Conference also appointed fifteen (15) members to serve on the Interim Committee to propose rules and procedures to regulate the conduct of its affairs. The Interim Committee was headed by Dr. Patrick Matibini, a Lusaka based renowned Lawyer.

Adopted Rules and Regulations during its Second sitting from 8th to 10th January, 2008. The rules and regulations adopted were consequently published in the Government gazette as Statutory Instruments on February 22, 2008 by the Minister of Justice Hon. George Kunda. These are;

(i). National Constitutional Conference (Committees) Regulations, 2008, Statutory Instrument No. 24 of 2008

(ii). National Constitutional Conference (Procedures) Rules, 2008, Statutory Instrument No. 25 of 2008.

(iii). National Constitutional Conference (Disciplinary Committee Proceedings0 Rules, 2008, Statutory Instrument No. 26 of 2008.

For full details of these Statutory Instruments, click on the NCC Act.
The Conference also approved the formation of Committees. Click on the Committees for full details. Further Information is also available under Newsletters.