of the 26th ordinary session.
25. In view of the requirements of Article 59 of the Charter, the Secretariat instead sent to the State
Party a copy of the Final Communiqué of the said session. It also intimated it of the decision of the
Commission during that session.
26. On 30th April 2000, the Respondent State submitted additional arguments to its initial response of
30th March 2000.
27. On 2nd May 2000 while at the session, the Secretariat received a letter from the Complainant
expressing its desire to continue with the case.
28. At the 27th ordinary session held in Algeria, the Commission heard representatives of the
Respondent State. It decided that parties should address it on specific issues, particularly on whether
or not the provisions of the amended Constitution were in conformity with the Republic of Zambia's
obligations under the Charter. In addition, the Secretariat was requested to seek an independent legal
expert opinion on the issues raised for determination.
29. Parties were informed of the above decision on 7th July 2000.
30. On 31st August 2000, the Secretariat of the Commission wrote reminders to the parties and
emphasised the necessity for them to furnish it with their submissions as soon as possible for use in
the preparation of the draft decision for the 28th session.
31. On 26th September 2000, the Secretariat received a response from the Respondent State on the
issues raised by the Commission during the 27th ordinary session.
32. On 2nd October 2000, the Secretariat of the Commission acknowledged receipt of the submission
and also forwarded a copy of it to the Complainant for its comments
33. At the 28th Ordinary session in Cotonou, Benin the communication was considered and further
consideration of the merits was deferred until the 29th Ordinary session.
34. The parties were informed of this decision on the 14th November 2000.
35. A Note Verbale was sent to the Government of Zambia requesting a copy of the Commission of
Inquiry report on the 5th April 2001.
STATE PARTY'S RESPONSE
36. The matter concerns the Republican Constitution of Zambia and is therefore an open matter for
discussion. The background to the Constitution of Zambia (Amendment) Act of 1996 is attributable
to the desire of the Zambian people to save and preserve the Office of the President for Zambians
with traceable descent.
37. The position was arrived at in the Mwanakatwe Commission of Inquiry Report commissioned to
gather views on the content of the Republican Constitution. The amendment to the Constitution was
not targeted at any person in the country.
38. Zambia welcomes views expressed on its Republican Constitution as a way of building a strong