The Mental Health (Amendment) Act, 2026

An Act to amend the Mental Health Act. [12th June, 2026
ENACTED by the Parliament of Zambia. 1. (1) This Act may be cited as the Mental Health
(Amendment) Act, 2026, and shall be read as one with the Mental
Health Act, in this Act referred to as the principal Act. (2) This Act shall come into operation on the expiry of the
term of office, or removal by the Minister, of the members of the
Board holding office prior to the enactment of this Act, after which
the Minister shall appoint the members of the Board in accordance
with this Act. 2. Section 2 of the principal Act is amended by the insertion of
the following new definition in the appropriate place in alphabetical
order:
“Human Rights Commission” means the Human Rights
Commission established under the Constitution;. 3. The principal Act is amended by the repeal of section 11
and the substitution therefor of the following:
11. (1) There is constituted the Board of the
Council which consists of the following part-time
members appointed by the Minister:
(a) one representative each of the ministries
responsible for—
(i) health;
(ii) local government; and
(iii) correctional services;
[No.

the Minister:
(a) one representative each of the ministries
responsible for—
(i) health;
(ii) local government; and
(iii) correctional services;
[No.

36 of 2026 653Mental Health (Amendment)
Enactment
Short title and
commencement
Cap. 305
Amendment
of section 2
Cap. 1
Repeal and
replacement
of section 11
Board of
Council
GOVERNMENT OF ZAMBIA
ACT
No. 36 of 2026
Date of Assent: 4th June, 2026
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K8.00 each.

Date of Assent: 4th June, 2026
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K8.00 each.

(b) a representative of the Attorney-General;
(c) a representative of the Human Rights
Commission with knowledge and experience
in matters relating to mental health and
substance abuse;
(d) a representative each of a civil society
organisation engaged in matters relating to—
(i) mental health; and
(ii) social welfare;
(e) a representative of a religious organisation with
knowledge and experience in matters relating
to mental health and substance abuse; and
(f) one person from the private sector with relevant
knowledge and experience in advocacy,
prevention, treatment and rehabilitation of
alcohol and substance abuse. (2) The ministries, institutions and
organisations referred to in subsection (1) shall
nominate their representatives for appointment by the
Minister. (3) The Minister shall appoint the Chairperson
from among the members of the Board referred to in
subsection (1) (d) to (f). (4) The members of the Board shall elect the
Vice-Chairperson from among themselves.

he members of the Board referred to in
subsection (1) (d) to (f). (4) The members of the Board shall elect the
Vice-Chairperson from among themselves.

(5) A person shall not be appointed as a
member of the Board if that person is—
(a) not a citizen;
(b) an undischarged bankrupt;
(c) legally disqualified from performing the
functions of a member;
(d) convicted of an offence under this Act
or any other written law and sentenced
to imprisonment for a term exceeding
six months without an option of a fine
within a period of five years preceding
the appointment;
(e) found guilty of professional misconduct;
or
(f) an employee of the Council. (6) The Schedule applies to the Board. 654 No. 36 of 2026] Mental Health (Amendment)

[No. 36 of 2026 655Mental Health (Amendment)
4. The Schedule to the principal Act is amended by the repeal
of the heading and the substitution therefor of the following:
SCHEDULE
(Section 11(6))
ADMINISTRATION OF COUNCIL.
5. The Schedule to the principal Act is amended in paragraph
2(4), by the deletion of the word “Seven” and the substitution therefor
of the word “Five”.
Amendment
of Schedule
Repeal and
replacement
of
heading to
Schedule

656