Emergency powers in Zambia

Abstract

One striking feature which the Zambian constitution shares in common with other constitutions of Commonwealth Africa is the phenomenon of wideemergency powers which exist under the constitution and also under the various emergency or security statutes and regulations made thereunder. These laws confer on the Executive (in effect the President) unusually extensive powers to deal with both potential or threatened emergencies and actual emergencies. It is often argued in support of the conferment of these powers that of necessity the Executive needs wide powers of action and dispatch in order to preserve public order, peace and security during crisis moments when the nation is faced with grave danger. Unfortunately it has at the same time been observed that the powers granted are often so vast and wide in extent (largely discretionary in nature and therefore lacking sufficient checks and controls) that in the absence of adequate self-restraint or a strong democratic tradition they provide fertile ground for the possible emergence of an absolute or tyrannical rule. This study seeks to examine this possibility in the Zambian context of emergency powers and proceeds to recommend how the fightful possibility of absolute or tyrannical rule could be avoided whilst preserving national security, public peace and order.Part I of the dissertation is divided into two chapters. In chapter one, the theory of Emergency Powers as it developed in the Western political tradition is examined. Chapter two on the other hand, looks at the application of Emergency Powers in the histories of selected countries. Part II (which consists of four chapters) mainly examines the situation in Zambia. In chapter three an account of the Emergency Powers during the colonial era when the country was a British Protectorate is made. The next two chapters in this part, chapter four and five, constitute the main thrust of the present investigation or research on Emergency Powers in Zambia. A comparative analysis and critical examination of the extent, manner of formulation, application of emergency powers is made in chapter four. Chapter five examines judicial interpretation of Emergency Powers in the post-independence era.In the last chapter, chapter six, a constitutional framework for avoiding a dictatorship or tyrannical rule has been proposed.