Zambia

Summary of Domestic Prohibition

Slavery and slave trade

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Practices similar to slavery

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Servitude

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Forced or compulsory labour

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Human trafficking

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Forced marriage

Provisions related to forced marriage in Zambia are found in the anti-human trafficking act 2008, which addresses practices similar to slavery at article2(1). Practices similar to slavery is defined as (i) a woman who does not have the right to refuse is promised or given in marriage on payment of a consideration in money or in kind to her parents, guardian, family or any other person; (ii) the husband of a woman, his family or his clan has the right to transfer her to another person for value received or otherwise; or (iii) a woman, on the death of her husband, is liable to be inherited by any other person. The Penal Code 1931 also prohibits dishonest or fraudulent marriage at article 167, with a potential penalty of imprisonment for five years. The Penal code also addresses detaining women of any age for marriage at article 135 , with a potential penalty of imprisonment for seven years. The divorce act also addresses marriage contracted under forced consent, duress, mistake, unsoundness of mind as void and voidable at article 29.”

Consent to marriage
Servile marriage

There appears to be no legislation in Zambia that prohibits servile matrimonial transactions.

Marriage trafficking

Provisions related to marriage trafficking in Zambia are found in the Anti-human trafficking act 2008, which prohibits trafficking for practices similar to slavery, including forced marriage, at article 3.Legislation in Zambia also prohibits detaining for marriage under article 135 of the Penal Code 1931, with a potential penalty of imprisonment for seven years.

Minimum age for marriage

The minimum age for marriage in Zambia without parental control is 21, without differentiation of gender, as set out on Article 17 of the 1918 Marriage Act. However, marriages below the minimum age are permitted with the consent of the parents, as set out on Articles 17 and 33 of the 1918 Marriage Act. These exceptions are not differentiated by gender, and allow marriage as early as 18. Where marriages are conducted involving a person below the age of 18, the marriage is void, as set out on Article 33 of the 1918 Marriage Act, as amended in 2023.

Region

Africa

Regional Court

Not party to a court

Legal System

Mixed

International Instruments

1926 Slavery Convention
Not Party
1953 Protocol to the Slavery Convention
Not Party
1956 Supplementary Slavery Convention
26 March 1973
1966 ICCPR
10 April 1984
1930 Forced Labour Convention
02 December 1964
2014 Protocol to the 1930 Forced Labour Convention
Not Party
1957 Abolition of Forced Labour Convention
22 February 1965
1999 Worst Forms of Child Labour Convention
10 December 2001
2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons
24 April 2005
1998 Rome Statute of the ICC
13 November 2002
1956 Supplementary Slavery Convention
26 March 1973
1966 ICCPR
10 April 1984
1966 Optional Protocol to the ICCPR
10 April 1984
1966 ICESCR
10 April 1984
2008 Optional Protocol to the ICESCR
Not Party
1962 Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages
Not Party
1957 Convention on the Nationality of Married Women
22 January 1975
1989 Convention on the Rights of the Child
06 December 1991
2000 Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography
Not Party
2011 Optional Protocol to the CRC on a communications procedure
Not Party
1979 Convention on the Elimination of All Forms of Discrimination against Women
21 June 1985
1999 Optional Protocol to CEDAW
Not Party
1978 Convention on the Celebration and Recognition of the Validity of Marriages
Not Party
2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons
24 April 2005
1998 Rome Statute of the ICC
13 November 2002
1999 Worst Forms of Child Labour Convention
10 December 2001

International Obligations

  • Slavery
  • Servitude
  • Institutions and Practices Similar to Slavery
  • Forced Labour
  • Human Trafficking
  • Consent to marriage
  • Marriage Trafficking

Regional Organisations

  • Commonwealth
  • African Union

Legislative Provisions

AWAD REPORT

Paragraph 594 

The following legislation relating to slavery or conditions analogous to slavery is presently in force in Zambia: 

(a) Constitution of Zambia: 

Section 16: 

(1) No person shall be held in slavery or servitude. 

(2) No person shall be required to perform forced labour.  

(3) For the purposes of this section, the expression “forced labour” does not include:

a. any labour required in consequence of a sentence or order of a court;

b. labour required of any person while he is lawfully detained that, though not required in consequence of a sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained;

c. any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform in place of such service;

d. any labour required during any period when the Republic is at war or a declaration under Article 30 or 31 is in force or in the event of any other emergency or calamity that threatens the life and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period, or as a result of that other emergency or calamity, for the purpose of dealing with that situation; or

e. any labour reasonably required as part of reasonable and normal communal or other civic obligation.

(b) Penal Code (Cap. 6): 

Section 232: 

Any person who imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as a slave, is guilty of a felony, and is liable to imprisonment for seven years.  

Section 233: 

Any person who habitually imports, exports, removes, buys, sells, traffics or deals in slaves is guilty of a felony, and is liable to imprisonment for ten years.  

Section 234: 

Any person who unlawfully compels any person to labour against the will of that person is guilty of a misdemeanour. 

 

CONSTITUTION 1991 (REV. 2009)

Article 11. Fundamental rights and freedoms 

It is recognised 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, colour, 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; 

Article 13. Protection of right to personal liberty 

  1. No person shall be deprived of his personal liberty except as may be authorised by law in any of the following cases:

Article 14. Protection from Slavery and Forced Labour 

  1. No person shall be held in slavery or servitude.
  2. No person shall be required to perform forced labour.
  3. For the purpose of this Article, the expression “forced labour” does not include—

a. any labour required in consequence of a sentence or order of a court;

b. labour required of any person while he is lawfully detained that, though not required in consequence of a sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained;

c. any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform in place of such service;

d. any labour required during any period when the Republic is at war or a declaration under Article 30 or 31 is in force or in the event of any other emergency or calamity that threatens the life and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period, or as a result of that other emergency or calamity, for the purpose of dealing with that situation; or

e. any labour reasonably required as part of reasonable and normal communal or other civic obligation.

Article 22. Protection of freedom of movement 

  1. Subject to the other provision of this Article and except in accordance with any other written law, no citizen shall be deprived of his freedom of movement, and for the purposes of this Article freedom of movement means—

a. the right to move freely throughout Zambia; 

b. the right to reside in any part of Zambia; and 

c. the right to leave Zambia and to return to Zambia. 

Article 24. Protection of young persons from exploitation 

  1. No young person shall be employed and shall in no case be caused or permitted to engage in any occupation or employment which would prejudice his health or education or interfere with his physical, mental or moral development:

Provided that an Act of Parliament may provide for the employment of a young person for a wage under certain conditions. 

  1. All young persons shall be protected against physical or mental ill-treatment, all forms of neglect, cruelty or exploitation.
  2. No young person shall be the subject of traffic in any form.
  3. In this Article “young person” means any person under the age of fifteen years.

Constitution 1991 (Rev. 2009) (PDF)

PENAL CODE ACT 1930

261. Disposing of any person as a slave 

Any person who imports, exports, removes, buys, sells or Buying or disposes of any person as a slave, or accepts, receives or detains against his will any person as a slave, is guilty of a felony and is liable to imprisonment for seven years.  

262. Habitual dealing in slaves  

Any person who habitually imports, exports, removes, buys, sells, traffics or deals in slaves is guilty of a felony and is liable to imprisonment for ten years. 

263. Unlawful compulsory labour 

Any person who unlawfully compels any person to labour against the will of that person is guilty of a misdemeanour. 

Note: in the 1966 Awad Report, these same provisions appear as Section 231-233. 

Penal Code Act (1930) (PDF)

ANTI-HUMAN TRAFFICKING ACT 2008

2. Interpretation 

(1) In this Act, unless the context otherwise requires— 

“child labour” includes all forms of slavery or practices similar to slavery such as— 

(a) the sale of a child; 

(b) trafficking of a child for the purpose of engaging the child in work away from home and from the care of the child’s family, in circumstances within which the child is exploited; 

(c) debt bondage or any other form of bonded labour; 

(d) serfdom; and 

(e) forced or compulsory labour, including forced or compulsory recruitment of a child for use in armed conflict; 

“coercion” means violent psychological coercion and other forms of non violent psychological coercion such as— 

(a) a threat of serious harm to a person or another person; 

(b) any scheme, plan or pattern; or 

(c) the abuse or threatened abuse of the legal process; intended to cause a person to believe that, if the person does not perform labour or provide a service, the person or another person will suffer serious harm; 

“debt bondage” means the status or condition that arises from a pledge by a person— 

(a) of the person’s personal services; or 

(b) of the personal services of another person under that person’s control; 

as security for a debt owed, or claimed to be owed, including any debt incurred or claimed to be incurred after the pledge is given, by that person if— 

(i) the debt owed or claimed to be owed is manifestly excessive; 

(ii) the value of those services as reasonably assessed is not applied toward the liquidation of the debt or purported debt; or 

(iii) the length and nature of those services are not respectively limited and defined; 

“exploitation” includes— 

(a) all forms of slavery or practices similar to slavery, including debt bondage or forced marriage; 

(b) sexual exploitation; 

(c) servitude; 

(d) forced labour; 

(e) child labour; and 

(f) the removal of body parts contrary to the Human Tissue Act; 

“forced labour” means labour or services obtained or maintained through threats, the use of force, intimidation or other forms of coercion or physical restraint; 

“practices similar to slavery” include— 

(a) debt bondage; 

(b) serfdom; 

(c) any institution in which, or practice under which— 

(i) a woman who does not have the right to refuse is promised or given in marriage on payment of a consideration in money or in kind to her parents, guardian, family or any other person; 

(ii) the husband of a woman, his family or his clan has the right to transfer her to another person for value received or otherwise; or 

(iii) a woman, on the death of her husband, is liable to be inherited by any other person; or 

(d) any institution in which, or practice under which a child is delivered by either one or both of the child’s natural parents or by the child’s guardian to another person, whether for reward or not, for the purpose of the exploitation of the child; 

“servitude” means a condition in which the labour or services of a person are provided or obtained through threats of serious harm to that person or another person, or through any scheme, plan or pattern intended to cause the person to believe that, if the person does not perform such labour or services, that person or another person would suffer serious harm; 

“slavery” means the exercise of any or all of the powers attaching to the right of ownership over a person; 

“traffic” means to recruit, transport, transfer, harbour, receive or obtain a person, within or across the territorial boundaries of Zambia, by means of— 

(a) any threat or use of force or other forms of coercion; 

(b) abduction; 

(c) fraud or deception; 

(d) false or illegal adoption of a child contrary to the Adoption Act or any other written law: 

(e) the destruction, concealment, removal, confiscation or possession of any passport, immigration document or other official identification document of a person; 

(f) the abuse or threatened abuse of the law or legal process or any other form of abuse of power or of a position of vulnerability; or 

(g) the giving or receiving of payments or benefits to achieve the consent of the person; 

for the purpose of exploitation; 

3. Prohibition of trafficking in persons 

(1) Subject to subsections (2) to (11), a person who intentionally and unlawfully trafficks another person commits an offence and is liable, upon conviction, to imprisonment for a term of not less than twenty years and not exceeding thirty-years. 

(2) Where the victim of an offence under subsection (1) is a child, the offender is liable to imprisonment for a term of not less than twenty-five years and not exceeding thirty-five years. 

(3) Where the victim of an offence under subsection (1) is trafficked for the purpose of sexual exploitation, the offender is liable to imprisonment for a term of not less than twenty-five years and may be liable to imprisonment for life. 

(4) Where the victim is trafficked for the purpose of engaging the victim in the worst forms of labour or child labour, the offender is liable to imprisonment for a term of not less than twenty-years and not exceeding thirty-five years. 

(5) Where the victim of an offence under subsection (1) is abducted, the offender is liable to imprisonment for a term of not less than twenty-five years and not exceeding thirty-five years. 

(6) Where the trafficking results in the death or grievous bodily harm of a victim, the offender may be liable to imprisonment for life. 

(7) Where the offender is the natural parent, guardian or any other person who has parental responsibilities and rights in respect of a child and the offender trafficked or permitted the trafficking of the child, the offender is liable to imprisonment for a term of not less than twenty-five years and not exceeding thirty-five years. 

(8) Where the offender is a public officer and uses the person’s office in furtherance of an offence under this section, the offender is liable to imprisonment for a term of not less than twenty-five years and not exceeding thirty-five years. 

(9) Where the offender is a person who is concerned in the management of an institution or organised criminal group engaged in trafficking in persons, the offender is liable to imprisonment for a term of not less than twenty-five years and not exceeding thirtyfive years. 

(10) Where the offender is charged with and convicted by a court for the commission of five or more counts of human trafficking, the offender is liable to imprisonment for a term of not less than twenty-five years and not exceeding thirty-five years. 

(11) Where the victim is trafficked for the purpose of the removal of the victims body parts contrary to the Human Tissue Act, the offender is liable to imprisonment for a term of not less than twenty-five years and not exceeding thirty-five years. 

(12) In orderto establish the liability, in terms of subsection (1), of an employer or principal, the conduct of an employee or agent or any other person acting on behalf of the employer or principal may be attributed to the employer or principal if that person is acting— 

(a) within the scope of the employee’s or agent’s employment; 

(b) within the scope of the employee’s or agent’s actual or apparent authority; or 

(c) with the express or implied consent of a director, member or partner of the employer or principal. 

(13) Subsection (12) does not exclude the liability of an employee or agent of or any other person acting on behalf of the employer or principal for committing the offence of trafficking in persons. 

(14) A finding by a court that an employer or principal has contravened subsection (1) shall constitute a ground for revoking the licence or registration of the employer or principal to operate. 

4. Debt bondage 

A person who intentionally and unlawfully engages in conduct that causes another person to enter into a situation of debt bondage commits an offence and is liable, upon conviction, to imprisonment for a term of not less than fifteen years and not exceeding twenty-five years. 

6. Using the services of victim 

( 1 ) A person who intentionally and unlawfully benefits, financially or otherwise, from the services of a victim or who uses or enables another person’s usage of the services of a victim commits an offence and is liable, upon conviction, to imprisonment for a term of not less than ten years and not exceeding twenty-five years. 

(2) Where the services used or procured constitute— 

(a) sexual exploitation; or 

(b) the worst forms of labour; 

the offender is liable to imprisonment for a term of not less than fifteen years and not exceeding twenty-five years. 

7. Conduct facilitating trafficking in persons 

( 1 ) A person who— 

(a) transports a victim or is in charge of a conveyance which facilitates any offence under this Act; 

(b) intentionally and unlawfully leases or subleases or allows any room, house, building or premises to be used for the purpose of harbouring a victim; or 

(c) advertises, publishes, prints, broadcasts, distributes or causes the advertisement, publication, printing, broadcast or distribution of information that suggests or alludes to trafficking by any means, including the use of the Internet or other information technology; 

commits an offence and is liable, upon conviction to the same penalties as if the person had been convicted of the offence. 

(2) It shall be a defence for a person charged with an offence under subsection ( 1 ) to satisfy the court that that person did not know and had no reasonable cause to believe that the premises leased or sublet were being used for the purpose of facilitating the commission of an offence under this Act. 

11. Aiding, abetting etc. of offender 

A person who aids, abets, counsels, procures, incites or solicits the commission of an offence under this Act, commits an offence and is liable, upon conviction, to the same penalties as if the person had been convicted of the offence. 

12. Attempts to commit offence 

A person who attempts to commit an offence under this Act commits an offence and is liable, upon conviction, to imprisonment for a term of not less than ten years and not exceeding twenty years. 

21. Non defences 

It shall not be a defence to a charge for an offence under defences this Act to prove- 

(a) that a victim consented to the act constituting the offence; 

(b) that the victim had previously engaged in prostitution, or has any other history of a sexual or criminal nature; 

(c) where the victim is a child, that the victim, the parent, guardian or other person who has parental responsibilities and rights in respect of the child consented to the act constituting the offence; 

(d) that the exploitation of the victim did not occur; or 

(e) that the act constituting the offence is a customary practice. 

Anti-Human Trafficking Act 2008 (PDF)

Penal Code 1931, amended 2005

CHAPTER XV OFFENCES AGAINST MORALITY 

  1. Any person who with intent to marry or carnally know a womanof any age, or to cause her to be married or carnally known by any other Abduction person, takes her away, or detains her, against her will, is guilty of a felony and is liable to imprisonment for seven years. 

 

CHAPTER XVI OFFENCES RELATING TO MARRIAGE AND DOMESTIC OBLIGATIONS 

  1. Any person who wilfully and by fraud causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, is guilty of a felony and is liable to imprisonment for ten years 

 

  1. Any person who dishonestly or with a fraudulent intention goes through the ceremony of marriage, knowing that he is not thereby lawfully married, is guilty of a felony and is liable to imprisonment for five years. 

 

CHAPTER XXV OFFENCES AGAINST LIBERTY 

  1. Any person who kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected, to grievous harm, or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, is guilty of a felony and is liable to imprisonment for ten years. 

 

  1. Any person who imports, exports, removes, buys, sells or Buying or disposes of any person as a slave, or accepts, receives or detains against his will any person as a slave, is guilty of a felony and is liable to imprisonment for seven years. 

 

  1. Any person who habitually imports, exports, removes, buys, sells, traffics or deals in slaves is guilty of a felony and is liable to imprisonment for ten years. 

 

CHAPTER XXXVI PUNISHMENTS FOR FORGERY 

  1. Any person who signs or transmits to a person authorised by law to register marriages, a certificate of marriage, or any document  purporting to be a certificate of marriage, which in any material particular is to his knowledge false, is guilty of a felony and is liable to imprisonment for seven years. 

 

  1. Any person who, knowingly and with intent to procure the same to be inserted in a register of births, deaths, or marriages, mato any false  statement touching any matter required by law to be registered in any such register, is guilty of a felony and is liable to imprisonment for three years. 

Zambia. Penal Code. 1931 (updated 2005) (ILO) (English) (PDF)

ANTI-HUMAN TRAFFICKING ACT 2008
  1. Interpretation

(1) In this Act, unless the context otherwise requires— 

 

“exploitation” includes— 

(a) all forms of slavery or practices similar to slavery, including debt bondage or forced marriage; 

(b) sexual exploitation; 

(c) servitude; 

(d) forced labour; 

(e) child labour; and 

(f) the removal of body parts contrary to the Human Tissue Act; 

 

“practices similar to slavery” include— 

(a) debt bondage; 

(b) serfdom; 

(c) any institution in which, or practice under which— 

(i) a woman who does not have the right to refuse is promised or given in marriage on payment of a consideration in money or in kind to her parents, guardian, family or any other person; 

(ii) the husband of a woman, his family or his clan has the right to transfer her to another person for value received or otherwise; or 

(iii) a woman, on the death of her husband, is liable to be inherited by any other person; or 

(d) any institution in which, or practice under which a child is delivered by either one or both of the child’s natural parents or by the child’s guardian to another person, whether for reward or not, for the purpose of the exploitation of the child; 

 

“traffic” means to recruit, transport, transfer, harbour, receive or obtain a person, within or across the territorial boundaries of Zambia, by means of— 

(a) any threat or use of force or other forms of coercion; 

(b) abduction; 

(c) fraud or deception; 

(d) false or illegal adoption of a child contrary to the Adoption Act or any other written law: 

(e) the destruction, concealment, removal, confiscation or possession of any passport, immigration document or other official identification document of a person; 

(f) the abuse or threatened abuse of the law or legal process or any other form of abuse of power or of a position of vulnerability; or 

(g) the giving or receiving of payments or benefits to achieve the consent of the person; 

for the purpose of exploitation; 

 

  1. Prohibition of trafficking in persons

(1) Subject to subsections (2) to (11), a person who intentionally and unlawfully trafficks another person commits an offence and is liable, upon conviction, to imprisonment for a term of not less than twenty years and not exceeding thirty-years. 

(2) Where the victim of an offence under subsection (1) is a child, the offender is liable to imprisonment for a term of not less than twenty-five years and not exceeding thirty-five years. 

(3) Where the victim of an offence under subsection (1) is trafficked for the purpose of sexual exploitation, the offender is liable to imprisonment for a term of not less than twenty-five years and may be liable to imprisonment for life. 

(4) Where the victim is trafficked for the purpose of engaging the victim in the worst forms of labour or child labour, the offender is liable to imprisonment for a term of not less than twenty-years and not exceeding thirty-five years. 

(5) Where the victim of an offence under subsection (1) is abducted, the offender is liable to imprisonment for a term of not less than twenty-five years and not exceeding thirty-five years. 

(6) Where the trafficking results in the death or grievous bodily harm of a victim, the offender may be liable to imprisonment for life. 

(7) Where the offender is the natural parent, guardian or any other person who has parental responsibilities and rights in respect of a child and the offender trafficked or permitted the trafficking of the child, the offender is liable to imprisonment for a term of not less than twenty-five years and not exceeding thirty-five years. 

(8) Where the offender is a public officer and uses the person’s office in furtherance of an offence under this section, the offender is liable to imprisonment for a term of not less than twenty-five years and not exceeding thirty-five years. 

(9) Where the offender is a person who is concerned in the management of an institution or organised criminal group engaged in trafficking in persons, the offender is liable to imprisonment for a term of not less than twenty-five years and not exceeding thirtyfive years. 

(10) Where the offender is charged with and convicted by a court for the commission of five or more counts of human trafficking, the offender is liable to imprisonment for a term of not less than twenty-five years and not exceeding thirty-five years. 

(11) Where the victim is trafficked for the purpose of the removal of the victims body parts contrary to the Human Tissue Act, the offender is liable to imprisonment for a term of not less than twenty-five years and not exceeding thirty-five years. 

(12) In orderto establish the liability, in terms of subsection (1), of an employer or principal, the conduct of an employee or agent or any other person acting on behalf of the employer or principal may be attributed to the employer or principal if that person is acting— 

(a) within the scope of the employee’s or agent’s employment; 

(b) within the scope of the employee’s or agent’s actual or apparent authority; or 

(c) with the express or implied consent of a director, member or partner of the employer or principal. 

(13) Subsection (12) does not exclude the liability of an employee or agent of or any other person acting on behalf of the employer or principal for committing the offence of trafficking in persons. 

(14) A finding by a court that an employer or principal has contravened subsection (1) shall constitute a ground for revoking the licence or registration of the employer or principal to operate. 

 

  1. Using the services of victim

( 1 ) A person who intentionally and unlawfully benefits, financially or otherwise, from the services of a victim or who uses or enables another person’s usage of the services of a victim commits an offence and is liable, upon conviction, to imprisonment for a term of not less than ten years and not exceeding twenty-five years. 

(2) Where the services used or procured constitute— 

(a) sexual exploitation; or 

(b) the worst forms of labour; 

the offender is liable to imprisonment for a term of not less than fifteen years and not exceeding twenty-five years. 

 

  1. Conduct facilitating trafficking in persons

( 1 ) A person who— 

(a) transports a victim or is in charge of a conveyance which facilitates any offence under this Act; 

(b) intentionally and unlawfully leases or subleases or allows any room, house, building or premises to be used for the purpose of harbouring a victim; or 

(c) advertises, publishes, prints, broadcasts, distributes or causes the advertisement, publication, printing, broadcast or distribution of information that suggests or alludes to trafficking by any means, including the use of the Internet or other information technology; 

commits an offence and is liable, upon conviction to the same penalties as if the person had been convicted of the offence. 

(2) It shall be a defence for a person charged with an offence under subsection ( 1 ) to satisfy the court that that person did not know and had no reasonable cause to believe that the premises leased or sublet were being used for the purpose of facilitating the commission of an offence under this Act. 

 

  1. Aiding, abetting etc. of offender

A person who aids, abets, counsels, procures, incites or solicits the commission of an offence under this Act, commits an offence and is liable, upon conviction, to the same penalties as if the person had been convicted of the offence. 

 

  1. Attempts to commit offence

A person who attempts to commit an offence under this Act commits an offence and is liable, upon conviction, to imprisonment for a term of not less than ten years and not exceeding twenty years. 

 

  1. Non defences

It shall not be a defence to a charge for an offence under defences this Act to prove- 

(a) that a victim consented to the act constituting the offence; 

(b) that the victim had previously engaged in prostitution, or has any other history of a sexual or criminal nature; 

(c) where the victim is a child, that the victim, the parent, guardian or other person who has parental responsibilities and rights in respect of the child consented to the act constituting the offence; 

(d) that the exploitation of the victim did not occur; or 

(e) that the act constituting the offence is a customary practice. 

Zambia. Act 11-2008 (anti-human trafficking) (ILO) (English) (PDF)

 

Anti-Gender Based Violence Act 2001
  1. (1) In this Act, unless the context otherwise requires

 

“physical, mental, social or economic abuse ” means any act, 

omission or behaviour or threat of any such act, omission 

or behaviour which results in death or is likely to result in 

the direct infliction of physical, sexual or mental injury to 

any person, and includes— 

 

(m) abuse delivered from the following cultural or 

customary rites or practices: 

 

(iii) pledging of a person for purposes of 

appeasing spirits; 

(iv) forced marriage; 

 

(vi) child marriage; 

(vii) forced spouse inheritance; or 

(viii) sexual intercourse between persons 

within the prohibited relations of affinity 

or consanguinity; 

Zambia. Act 1-2001 (gender-based violence) (ILO) (English) (PDF)

Marriage Act
  1. (1) The Registrar, at any time after the expiration of twenty-one days and beforethe expiration of three months from the date of the notice, upon payment of the prescribed fee, shall issue his certificate in the prescribed form: 

Issue of certificate 

Provided always that he shall not issue such certificate until he has been satisfied by affidavit- 

(i) that one of the parties has been resident within the district in which the marriage is intended to be solemnised for at least fifteen days immediately preceding the granting of the certificate; 

(ii) that each of the parties to the intended marriage (not being a widower or widow) is not less than twenty-one years old or that if he or she is under that age the consent hereinafter made requisite has been obtained (which consent must be in writing and annexed to such affidavit); 

(iii) that there is not any impediment of kindred or affinity or any other lawful hindrance to the marriage; 

(iv) that neither of the parties to the intended marriage is married by African customary law to any person other than the person with whom such marriage is proposed to be contracted. 

(2) Such affidavit may be sworn before the Registrar. 

(3) The Registrar taking such affidavit shall explain to the person making the same what are the prohibited degrees of kindred and affinity and the penalties which may be incurred under the provisions of this Act. 

 

  1. Whenever a caveat is entered against the issue of a certificate, the Registrar shall refer the matter to the High Court, and that Court shall thereupon summon the parties to the intended marriage and the person by whom the caveat is entered and shall require the person by whom the caveat is entered to show cause why the Registrar should not issue his certificate and shall hear and determine the case in a summary way, and the decision of the High Court shall be final. 

 

  1. If either party to an intended marriage, not being a widower or widow, is under twenty-one years of age, the written consent of the father, or if he be dead or of unsound mind or absent from Zambia, of the mother, or if both be dead or of unsound mind or absent from Zambia, of the guardian of such party shall be produced and shall be annexed to the affidavit required under sections ten and twelve and, save as is otherwise provided in section nineteen, no special licence shall be granted or certificate issued without the production of such consent. 

 

  1. (1) If any parent or guardian, whose consent to a marriage is required, refuses his consent, a Judge of the High Court may, on application being made, consent to the marriage, and the consent of the Judge so given shall have the same effect as if it had been given by the person whose consent is refused. 

Consent in case of refusal or absence of parent or guardian 

(2) If there be no parent or guardian of such party residing in Zambia and capable of consenting to the marriage, then any of the following persons, that is to say, the Minister, 

a Judge of the High Court, or a District Secretary may consent to such marriage in writing, upon being satisfied after due inquiry that there are no reasonable grounds in the interest of either party for withholding such consent, and such consent shall be as effectual for the purposes of this Act as if the father or mother had consented. 

 

  1. (1) No marriage in Zambia shall be valid- Invalid marriages

(a) which if solemnised in England would, under the law relating to prohibited degrees of marriage for the time being in force in England, be null and void on the ground of kindred or affinity; 

(b) where either of the parties thereto at the time of the celebration of such marriage is married by African customary law to any person other than the person with whom such marriage is had. 

(2) A marriage shall be null and void if both parties knowingly and wilfully acquiesce in its solemnisation- 

(a) in any place other than the office of a Registrar or a licensed place of worship or a place authorised by the special licence; or 

(b) under a false name or names; or 

(c) without the Registrar’s certificate of notice or special licence having been duly issued; or 

(d) by a person not being a licensed minister of some religious denomination or body or a Registrar. 

 

  1. (1) A marriage between persons either of whom is under the age of sixteenyears shall be void: 

Provided that this section shall not apply when a Judge of the High Court has, on application being made, and on being satisfied that in the particular circumstances of the case it is not contrary to the public interest, given his consent to the marriage. 

(2) Nothing in this section shall affect any marriage already solemnised or contracted before the 20th May, 1949. 

 

  1. Any person who is married under this Act or whose marriage is declared by this Act to be valid, shall be incapable during the continuance of such marriage of contracting a valid marriage under any African customary law, but, save as aforesaid, nothing in this Act contained shall affect the validity of any marriage contracted under or in accordance with any African customary law, or in any manner apply to marriages so contracted. 

 

  1. Any person who-

(a) contracts a marriage under this Act, being at the time married in accordance with African customary law to any person other than the person with whom such marriage is contracted; 

(b) having contracted a marriage under this Act, during the continuance of such marriage contracts a marriage in accordance with African customary law; shall be guilty of an offence and liable on conviction to imprisonment for a period not exceeding five years: 

Provided that this section shall not extend to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time. 

 

  1. Whoever being unmarried goes through the ceremony of marriage with aperson whom he or she knows to be married to another person shall be liable on conviction to imprisonment with or without hard labour for a period not exceeding five years. 

 

  1. Whoever in any affidavit, declaration, licence, document or statement by law,to be made or issued for the purposes of a marriage, swears, declares, enters, certifies or states any material matter which is false shall, if he does so without having taken reasonable means to ascertain the truth or falsity of such matter, be liable on conviction to imprisonment with or without hard labour for one year or shall, if he does so knowing that such matter is false, be liable on conviction to imprisonment with or without hard labour for a period not exceeding five years. 

 

  1. Whoever endeavours to prevent a marriage by falsely pretending that his consent thereto is required by law, or that any person whose consent is so required does not consent, or that there is any legal impediment to the performing of such marriage,shall, if he does so knowing that such pretence is false or without having reason to believe that it is true, be liable on conviction to imprisonment with or without hard labour for a period not exceeding two years. 

 

  1. Whoever goes through the ceremony of marriage, or any ceremony which heor she represents to be a ceremony of marriage, knowing that the marriage is void on any ground and that the other person believes it to be valid, shall be liable on conviction to imprisonment with or without hard labour for a period not exceeding five years. 

Zambia. Marriage Act (GOV) (English) (PDF) 

 

Divorce Act 2007
  1. (l) A marriage celebrated after the commencement of this Act shall be void on the following grounds: 

(a) that the marriage is not a valid marriage under the provisions of the Marriage Act due to the fact that- 

(i) the parties are within the prohibited degrees of consanguinity or affinity; 

(ii) subject to the proviso to subsection (l) of section thirty-three of that Act, either of the parties was under the age of sixteen; 

(iii) the parties have not complied with the requirements of the Act with respect to the solemnisation of the marriage as specified in subsection (2) of section thirty-two of that Act; 

(b) that either party to the marriage was lawfully married to some other person at the time of the marriage; 

or 

(c) the parties to the marriage are of the same sex. 

(2) Nothing in this section shall be construed as validating any marriage which is by law void but with respect to which a decree of nullity has not been granted. 

 

  1. A marriage which is celebrated after the commencement of this Act, not being a marriage that is void, shall be voidable on the grounds that- 

(a) the marriage has not been consummated due to the incapacity of either party to consummate it; 

(b) the marriage has not been consummated due to the wilful refusal of the respondent to consummate it; 

(c) either party to the marriage did not validly consent to it, whether in consequence of duress, mistake, unsoundness of mind or otherwise; 

(d) at the time of the marriage either party, though capable of giving a valid consent, was suffering, whether continuously or intermittently, from a mental disorder within the meaning of the Mental Disorders Act of such a kind or to such an extent as to be unfitted for marriage; 

(e) at the time of the marriage the respondent was suffering from a sexually transmitted disease in a communicable form; or 

(j)at the time of the marriage the respondent was pregnant by someone other than the petitioner. 

  1. (1) The Court shall not, in proceedings instituted after the commencement of this Act, grant a decree of nullity on the ground that a marriage is voidable if the respondent satisfies the Court- 

(a) that the petitioner, with knowledge that it was open to the petitioner to have the marriage avoided, so conducted oneself in relation to the respondent as to lead the respondent reasonably to believe that the petitioner would not seek to do so; and 

(b) that it would be unjust for the respondent to grant the decree. 

(2) Notwithstanding subsection (1), the Court shall not grant a decree of nullity under section twenty-nine on the grounds specified in paragraphs ( c), (d), (e) or (f) of that section unless it is satisfied that proceedings were instituted within three years from the date of the marriage. 

(3) Notwithstanding subsection (1) and (2), the Court shall not grant a decree of nullity under section twenty-nine on the grounds specified in paragraph (e) or (f) of that section unless it is satisfied that the petitioner was at the time of the marriage ignorant of the facts alleged.