The Constitutional Validity of Presidential Instructions in Zambia

*The Zambian Constitution provides a framework for the exercise of power by the President, including the issuance of instructions. However, the Constitution makes it clear that oral instructions by the President have no constitutional force unless they are reduced to writing, signed, and formally communicated.

*The Requirement for Written Instructions

The requirement for written instructions is a crucial aspect of ensuring the validity and enforceability of presidential directives. This means that oral instructions, no matter how clearly communicated, are not sufficient to confer constitutional authority.

*Why Written Instructions are Necessary

The need for written instructions serves several purposes, including:

– Clarity and certainty: Written instructions provide a clear and unambiguous record of the President’s intentions, reducing the risk of misinterpretation or confusion.

– Accountability: Written instructions provide a paper trail that can be audited and reviewed, ensuring that the President’s actions are transparent and accountable.

– Consistency: Written instructions help to ensure consistency in the application of presidential directives, reducing the risk of arbitrary or inconsistent decision-making.

*Formal Communication

In addition to being in writing and signed by the President, instructions must also be formally communicated to be constitutionally valid. This means that the instructions must be officially transmitted to the relevant authorities or individuals, rather than simply being shared informally.

*Implications

The requirement for written instructions has significant implications for the exercise of power by the President. It ensures that presidential directives are clear, transparent, and accountable, and that the rule of law is upheld.

In conclusion, the Zambian Constitution makes it clear that oral instructions by the President have no constitutional force unless they are reduced to writing, signed, and formally communicated. This requirement is essential for ensuring the validity and enforceability of presidential directives, and for upholding the rule of law and good governance in Zambia.

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