Zambia Independence Order 1964
| Jurisdiction | UK Non-devolved |
| Citation | SI 1964/1652 |
| Year | 1964 |
1964 No. 1652
AFRICA
The Zambia Independence Order 196415thOctober 1964
Immediately before 24thOctober 1964
At the Court at Buckingham Palace, the 15th day of October 1964
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, by virtue and in exercise of the powers in that behalf conferred by the Foreign Jurisdiction Act 1890(a) and the Zambia Independence Act 1964(b) is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Citation, commencement and construction.
1.—(1) This Order may be cited as the Zambia Independence Order 1964.
(2) This Order shall come into operation immediately before 24th October 1964:
Provided that the Governor of Northern Rhodesia acting in accordance with the advice of the Prime Minister may at any time after 15th October 1964 exercise any of the powers conferred upon the President by section 4(3)(a) of this Order or section 82 of the Constitution of Zambia established by this Order to such extent as may, in his opinion, be necessary or expedient to enable that Constitution to function as from 24th October 1964.
(3) Save where the context otherwise requires, expressions used in sections 1 to 22 (inclusive) of this Order have the same meaning as in the Constitution set out in Schedule 2 to this Order and the provisions of section 125 of that Constitution shall apply for the purposes of interpreting those sections as they apply for the purposes of interpreting that Constitution.
Revocations.
2. The Orders specified in Schedule 1 to this Order (hereinafter referred to as "the existing Orders"), excepting sections 19 and 20 of the Northern Rhodesia (Procedure in Appeals to Privy Council) Order in Council 1963(c), are revoked.
Establishment of Constitution.
3. Subject to the provisions of this Order the Constitution set out in Schedule 2 to this Order (hereinafter referred to as "the Constitution") shall come into effect in Zambia at the commencement of this Order:
Provided that section 20(8) of the Constitution shall come into effect in Zambia on 24th October 1966 or such later date as Parliament may prescribe.
* This Instrument was laid before Parliament on 27th October 1964.
(a) 53 & 54 Vict. c. 37.
(b) 1964 c. 65.
(c) S.I. 1963/2089 (1963 III, p. 4598).
Existing laws.
4.—(1) Subject to the provisions of this section, the existing laws shall, notwithstanding the revocation of the existing Orders or the establishment of a Republic in Zambia, continue in force after the commencement of this Order as if they had been made in pursuance of this Order.
(2) The existing laws and any Act of Parliament of the United Kingdom or Order of Her Majesty in Council (other than the Zambia Independence Act 1964 or this Order) having effect as part of the law of Zambia or any part thereof immediately before the commencement of this Order shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with this Order.
(3) The President may by order made at any time before 24th April 1965 make such amendments to—
(a) the existing laws; or
(b) any Act of Parliament of the United Kingdom or Order of Her Majesty in Council (other than the Zambia Independence Act 1964 or this Order) having effect as part of the law of Zambia or any part thereof immediately before the commencement of this Order,
as may appear to him to be necessary or expedient for bringing those laws or that Act of Parliament or Order into conformity with the provisions of this Order or otherwise for giving effect or enabling effect to be given to those provisions.
(4) Where any matter that falls to be prescribed or otherwise provided for under the Constitution by Parliament or by any other authority or person is prescribed or provided for by or under an existing law (including any amendment to any such law made under this section) or is otherwise prescribed or provided for immediately before the commencement of this Order, by or under the existing Orders, that prescription or provision shall, as from the commencement of this Order, have effect as if it had been made under the Constitution by Parliament or, as the case may be, by the other authority or person.
(5) The provisions of this section shall be without prejudice to any powers conferred by this Order upon any person or authority to make provision for any matter, including the amendment or repeal of any existing law.
(6) For the purposes of this section, the expression "the existing laws" means all Ordinances, laws or statutory instruments having effect as part of the law of Northern Rhodesia or any part thereof immediately before the commencement of this Order (including any Ordinance, law or statutory instrument made before the commencement of this Order and coming into operation on or after the commencement of this Order) which were made or had effect as if they were made in pursuance of the existing Orders or were continued in force by the Federation of Rhodesia and Nyasaland (Dissolution) Order in Council 1963(a).
Existing offices.
5.—(1) Where any office has been established by or under the existing Orders and the Constitution establishes a similar or an equivalent office, any person who immediately before the commencement of this Order holds or is acting in the former office shall, so far as is consistent with the provisions of the Constitution, be deemed to have been appointed or elected as from the commencement of
(a) S.I. 1963/2085 (1963 III, p. 4477).
this Order to hold or to act in the latter office in accordance with the provisions of the Constitution and to have taken the oath of allegiance and any other necessary oath under the Constitution:
Provided that any person who, under the existing Orders or under any existing law, would have been required to vacate his office at the expiration of any period or on the attainment of any age shall vacate his office at the expiration of that period or upon the attainment of that age.
(2) Where any office of Minister (other than the office of Prime Minister) or of Parliamentary Secretary is established under the existing Orders immediately before the commencement of this Order an equivalent office shall be deemed to have been established, from the commencement of this Order, under the Constitution, and any person holding that office immediately before the commencement of this Order shall be deemed to have been appointed, immediately after the assumption of office by the first President of the Republic of Zambia, to hold the equivalent office in accordance with the provisions of the Constitution.
(3) The President may, at any time after the commencement of this Order, require any person who continues in office by virtue of the provisions of this section to take an oath of allegiance and any oath for the due execution of his office that is prescribed by or under an Act of Parliament.
(4) The provisions of this section shall be without prejudice to the provisions of section 9 or 10 of this Order.
(5) In this section "existing law" means such a law as is referred to in section 4(6) of this Order.
Citizenship.
6.—(1) Any person who, at the commencement of this Order, is entitled to be registered as a citizen of Zambia under section 4 or 8 of the Constitution shall, until he becomes a citizen of Zambia or until 24th October 1966 (whichever is the earlier) and subject to the provisions of subsection (3) of this section, have the status of a citizen of Zambia.
(2) Any person who has the status of a citizen of Zambia by virtue of the provisions of this section shall be regarded as such a citizen for the purposes of the provisions of the Constitution (other than Chapter II or section 66(1)) and the provisions of any other law for the time being in force in Zambia (other than a law made or having effect as if made in pursuance of section 11 of the Constitution).
(3) Where provision is made by any law for the time being in force for depriving any person of citizenship of Zambia those provisions shall apply to the status conferred by this section and any person may be deprived of that status under those provisions accordingly.
Declaration of emergency.
7. If, immediately before the commencement of this Order, a Proclamation by the Governor of Northern Rhodesia under section 4 of the Preservation of Public Security Ordinance(a) is in force, then, there shall be deemed to be in force, from the commencement of this Order, a declaration under section 29(1)(b) of the Constitution that has been approved by the National Assembly at the commencement of this Order, and that declaration shall, unless it is sooner revoked or unless it is extended by the National Assembly in accordance with section 29 of the Constitution, continue in force until 24th April 1965.
(a) Laws of Northern Rhodesia c. 265.
First President.
8.—(1) If at the commencement of this Order the person named in section 32(1) of the Constitution is not the President designate, the first President of the Republic of Zambia shall be the person who is then the President designate and if, at the commencement of this Order, there is no person who is President designate the office of President shall be deemed to have become vacant at the commencement of this Order and the provisions of section 37 of the Constitution shall apply accordingly.
(2) The first President shall, as soon as practicable after the commencement of this Order, take the oaths prescribed for the purposes of section 39 of the Constitution.
(3) In this section references to the President designate are references to the person elected as such in pursuance of the Zambia (Election of First President) Order 1964(a).
Constituencies and Elections.
9.—(1) In this section "the interim period" means the period beginning from the commencement of this Order and ending on the day upon which Parliament is first dissolved after the commencement of this Order or, if that dissolution...
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