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ARTICLE 1(1) OF THE CONSTITUTION OF ZAMBIA (AMENDMENT) ACT, 2016 AS AN IMMUTABLE PRINCIPLE: ENSURING CONSTITUTIONAL SUPR...
06/10/2025

ARTICLE 1(1) OF THE CONSTITUTION OF ZAMBIA (AMENDMENT) ACT, 2016 AS AN IMMUTABLE PRINCIPLE: ENSURING CONSTITUTIONAL SUPREMACY AND LEGAL STABILITY.

The doctrine of immutable principle is a legal and philosophical concept that suggests certain fundamental principles or laws are unchanging and cannot be altered by human intervention. This doctrine is often applied in constitutional law, natural law theory, and jurisprudence to protect foundational legal norms from modification or repeal.

Article 1(1) of the Constitution of Zambia (Amendment) Act, 2016 states:
"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. "

In the case of Sandras Samakayi v Attorney General (2023CCZ0015) 2024 ZMCC 7(6 June 2024) the Constitution Court started that:
"The first principle is found in Article 1 of the Constitution which stipulates that the Constitution is the supreme law in this Country. The supremacy of the Constitution means that any law that is inconsistent with the Constitution shall, to the extent of the inconsistency, be invalid."

The Constitution Court confirmed the above principle in the case of Zambia National Commercial Bank PLC v Martin Musonda and Others, CCZ Selected Judgment No. 24 of 2018. From the aforementioned judicial precedents it can be stated that any law that is in violation of the constitution of Zambia is invalid to the extent of the violation.

Article 1(1) of the Constitution of Zambia (Amendment) Act, 2016 together with the cited judicial precedents align with the doctrine of immutable principle because it establishes the Constitution as the highest legal authority in Zambia. It implies that:
1. Supremacy & Permanence - The Constitution of Zambia overrides all other laws, meaning no law, practice, or custom can legally contradict it. This suggests a fundamental legal order that remains unchanged despite shifting political or societal influences.
2. Non-Derogation - By declaring inconsistent laws void, Article 1(1) of the
Constitution of Zambia (Amendment) Act, 2016 reinforces the idea that certain principles (such as constitutional supremacy) cannot be overridden, making them effectively immutable.
3. Legal Inflexibility - While constitutional amendments are possible, the supremacy clause itself acts as a safeguard against arbitrary changes, reinforcing stability in governance.

In essence, Article 1(1) of the Constitution of Zambia (Amendment) Act, 2016 together with the cited judicial precedents reflects the doctrine of immutable principle by asserting that Zambia's constitutional supremacy is a foundational, unalterable principle that governs all laws and legal actions in the country.

Peter Mwala Musanshi (AHCZ)
Founder at Project Legal.
.

27/09/2025

Did you know?
That every person has the right and duty to resist or prevent a person from overthrowing, suspending or illegally abrogating the Constitution of Zambia.

This voiceover video cites the relevant law.

LUKULU LEGAL TOUR | LEGAL LITERACY QUIZ.To close out our impactful legal outreach at St. Columbas Catholic Secondary Sch...
27/07/2025

LUKULU LEGAL TOUR | LEGAL LITERACY QUIZ.
To close out our impactful legal outreach at St. Columbas Catholic Secondary School in Lukulu District, the school in partnership with Project Legal hosted a vibrant Legal Literacy Quiz last Friday. What a meaningful way to wrap up the tour!

The competition brought together learners from the two highest senior classes, who faced off in a spirited battle of knowledge and reasoning. The quiz featured questions drawn from our legal tour sessions, as well as civic education questions developed by the school’s Civic Education Department.

Teachers from the civic education department were present, and the Head Teacher himself was in attendance demonstrating the school’s commitment to meaningful legal and civic education.

This wasn’t just a test of memory. It was a reflection of how deeply young people can connect with the law when it’s presented in a way that is accessible and meaningful:

1. Reinforcing legal understanding;
2. ⁠Encouraging critical thinking; and
3. ⁠Making the law relatable, practical, and empowering.

In ensuring fairness, the Science Department played a key role by making sure every participant had equal time to respond, a thoughtful and professional touch that elevated the quiz’s credibility.

From defining who a child is under Zambian law to explaining why child marriages are void regardless of custom or consent, students rose to the challenge with clarity, courage, and conviction.

Sample Questions from the Quiz:
1. Who is considered a child under Zambian law today?
→ A person who is 18 years old or younger.
2. What does the law say about a marriage where one person is a child?
→ The marriage is not allowed and is considered completely void.
3. Are child marriages allowed under traditional/customary law?
→ No. Child marriages are not permitted under any form of marriage.
4. Why has the government completely banned child marriages?
→ To protect children’s rights, keep them in school, and ensure a safe upbringing.

And more questions that encouraged learners to reflect, respond, and take ownership of their legal awareness.

Congratulations to all participants! Your engagement proves that when young people are equipped with the right information, they don’t just learn the law, they live it.

In ending, as Project Legal we are forever grateful to the school administration of St Columbas Catholic Secondary School for giving us the opportunity to be of service, to promote civic education and 10X Photography for documenting the legal literacy quiz.

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