PREAMBLE
We, the people of Zambia, by our representatives assembled in our Parliament, having solemnly resolved to constitute Zambia into a Sovereign Democratic Republic;
In Pursuance of our determination to uphold our inherent and inviolable right to decide, appoint and proclaim the means and style whereby we shall govern ourselves as a united and indivisible Sovereign State;
Proceedings from the premise that all men have the right freely to determine and build their own political, economic and social system by ways and means of their own free choice;
Determined to ensure the rights of all men to participate fully and without hindrance in the affairs of their own government and in shaping the destiny of their own mother land;
Recognizing that individual rights of citizens including freedom, justice, liberty and quality are founded on the realization of the rights and duties of all men in the protection of life, liberty and property, freedom of conscience, expression and association within the context of our National Constitution;
Recognizing the right to work, to free choice of employment, to just and favorable conditions of work and to protection against unemployment;
Pledging to all citizens the right to equal access to social, economic and cultural services and facilities provided by the State or by public authorities;
Recognizing that the family is the natural and fundamental unit of society and should be protected by the State;
Pledging to every citizen the right to education;
Pledging further to all citizens the bounden duty of the State to respect the rights and dignity of all members of the human family, to uphold the laws of the State and to conduct the affairs of the state in such manner that its resources are preserved, developed and enjoyed for the benefit of its citizens as a whole;
do hereby enact and give to ourselves this Constitution.
PART III. PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOM OF THE INDIVIDUAL
Article 11. Fundamental Rights and Freedoms
It is recognized and declared that every person in Zambia has been and shall continue to be entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, color, creed, sex or marital status, but subject to the limitations contained in this Part, to each and all of the following, namely:
a) life, liberty, security of the person and the protection of the law;
b) freedom of conscience, expression, assembly, movement and association;
c) protection of young persons from exploitation;
d) protection for the privacy of his home and other property and from deprivation of property without compensation;
and the provisions of this Part shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest.
Article 17. Privacy of Home and Other Property
1. Except with his own consent, no person shall be subjected to the search of his person or his property or the entry by others on his premises.
2. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that it is shown that the law in question makes provision
a) that is reasonably required in the interests of defence, public safety, public order, public morality, public health, town and country planning, the development and utilization of mineral resources, or in order to secure the development or utilization of any property for a purpose beneficial to the community;
b) that is reasonably required for the purpose of protecting the rights or freedoms of other persons;
c) that authorizes an officer or agent of the Government, a local government authority or a body corporate established by law for a public purpose to enter on the premises or anything thereon for the purpose of any tax, rate or due or in order to carry out work connected with any property that is lawfully on those premises and that belongs to that Government, authority, or body corporate, as the case may be; or
d) that authorizes, for the purpose of enforcing the judgement or order of a court in any civil proceedings, the search of any person or property by order of a court or entry upon any premises by such order;
and except so far as that provision or, as the case may be, anything done under the authority thereof is shown not to be reasonably justified in a democratic society.
Article 25. Derogation from Fundamental Rights and Detention
Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of Articles 13, 16, 17, 19, 20, 21, 22, 23 or 24, to the extent that it is shown that the law in question authorizes the taking, during any period when the Republic is at war or when a declaration under Article 30 is in force, or measures for the purpose of dealing with any situation existing or arising during that period; and nothing done by any person under the authority of any such law shall be held to be in contravention of any of the said provisions if it is shown that the measures taken were, having due regard to the circumstances prevailing at the time, reasonably required for the purpose of dealing with the situation in question.