Constitution

Seychelles 1993 Constitution (reviewed 2017)

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CHAPTER VI. LEGISLATURE

PART I. NATIONAL ASSEMBLY

    1. There shall be a National Assembly of Seychelles.
    2. The National Assembly shall consist of-
      1. such number of members directly elected in accordance with-
        1. this Constitution; and
        2. subject to this Constitution, an Act,

        as is equal to the number of electoral areas;

      2. not more than 10 members elected on the basis of the scheme of proportional representation specified in Schedule 4.

79

    1. A general election shall be held during the period starting at the beginning of the fifty-seventh month and ending at the end of the fifty-ninth month of a session of the National Assembly.
    2. Where a person ceases to be a directly elected member of the National Assembly under article 81, a by-election shall be held within 30 days of the person ceasing to be a member of the Assembly unless the cessation occurred within three months before the beginning of the period within which a general election is required to be held under clause (1).
    3. Subject to clause (4), a directly elected member of the National Assembly shall be directly elected by secret ballot by persons entitled to vote under this Constitution.
    4. Where immediately before the day appointed for the holding of an election there is only one candidate for election for an electoral area and that candidate has, since the day immediately following the day of the closing of the nominations for that area, been the sole candidate for the area, no ballot shall be held and-
      1. all the persons who were entitled to vote at the election in the electoral area shall be deemed to have cast their votes in favour of the candidate; and
      2. the Electoral Commission shall declare the candidate to be the directly elected member for the electoral area.
    5. Where on the day immediately following the day of closing of nominations for an electoral area more than one candidate stand nominated for that area and on the day immediately before the day of election only one candidate stands nominated by reason of the withdrawal of nomination of other candidates or no candidate stands nominated by reason of the withdrawal of nomination of all the candidates the election shall be postponed and a further period of not less than seven days shall be allowed for nomination of other candidates for that area.
    6. Where on the day immediately following the day of closing of nominations for an electoral area one or more candidates stand nominated for that area and one or more of them die before the day of election, the election shall be postponed and a further period of not less than seven days from the date of death of the candidate shall be allowed for nomination of other candidates for that area.
    7. The election postponed pursuant to clause (5) or (6) shall be held on such date as the Electoral Commission may decide but, in any case, not later that thirty days of the occurrence of the event specified in those clauses which occurred last and the candidates nominated pursuant, to those clauses shall, notwithstanding their withdrawal, be deemed to be the candidates for that election.
    8. A law may provide for any matter, not otherwise provided for in this Constitution, which is necessary or required to ensure a true, fair and effective election of members of the National Assembly.
  2. A person is qualified to be elected as a member of the National Assembly if-
    1. the person is qualified to vote at a Presidential or National Assembly election under this Constitution; and
    2. the person does not hold or act in any office the functions of which involve-
      1. any responsibility for, or in connection with, the conduct of the National Assembly election for which the person wishes to stand; or
      2. any responsibility for the compilation or revision of an electoral register for that National Assembly election.

81

  1. A person ceases to be a member of the National Assembly and the seat occupied by that person in the Assembly shall become vacant-
    1. on the dissolution of the Assembly;
    2. if the person by notice in writing to the Speaker resigns;
    3. if the person ceases to be a citizen of Seychelles;
    4. if the person is absent without the permission, which shall not be unreasonably withheld, in writing of the Speaker-
      1. from Seychelles for a continuous period in excess of thirty days; or
      2. during a session of the Assembly, for a continuous period in excess of ninety days during which time the Assembly has been summoned to meet and continues to meet;
    5. if any circumstances arise which, if the person were not a member, would, pursuant to article 80, cause that person to be disqualified for election as a member.
    6. subject to clause (2), if the person becomes party to a contract with the Government for or on account of any public service or if any firm in which the person is a partner or any company of which the person is a director or manager or in which the person has a controlling interest becomes a party to any partner in a firm or a director or manager or the holder of a controlling interest in a company which is a party to such contract;
    7. if the person is elected President or becomes the Vice-President or is appointed a Minister;
    8. if, in the case of a proportionately elected member-
      1. the political party which nominated the person as a member nominates another person as a member in place of the first-mentioned person and notifies the Speaker in writing of the new nomination;
      2. the person ceases to be a member of the political party of which that person was a member at the time of the election; or
      3. the political party which nominated the person as a member is dissolved or otherwise ceases to exist;
    9. if, in the case of a directly elected member who was nominated for election by a political party-
      1. the person notifies the Speaker in writing that the person has ceased to be a member of that political party; or
      2. the political party which nominated the person for election notifies the Speaker in writing that the person has ceased to be a member of the political party and the Electoral Commission has received a written petition requesting the holding of fresh election for the purpose of electing a new member to represent the electoral area which the member represents signed or marked to the satisfaction of the Commission by at least one third of the number of registered voters who are entitled to vote in the electoral area;
    10. If, in the case of a person who was directly elected as an independent member, the person notifies the Speaker in writing that he is a member of a political party; or
    11. on the death of the person.
  2. where clause (1) (f) applies, if in the circumstances it appears to the National Assembly to be just to do so, the Assembly may except the member from vacating the seat, if the member, before becoming a party to the contract or before or as soon as is practicable after becoming interested in the contract as provided in clause (1) (f), has disclosed in writing to the Speaker the nature of the contract and the interest, or the interest in the firm or company referred to in clause (1) (f), of the member.
  3. A political party of which a proportionately elected member was a member at the time of election shall notify the Speaker in writing on the person ceasing to be a member of the party.
  4. Subject to this article and article 82, where a person who is proportionately elected of the National Assembly ceases to be so, the political party of which the person was a member at the time of election and which nominated the person as a member may, by notice in writing to the Speaker, replace the person who has ceased to be a member by another person including the person who has immediately before ceased to be a member.
  5. Where the seat of a directly elected member of the National Assembly becomes vacant under this article, the Speaker shall, as soon as is practicable within seven days after the vacancy occurs, notify the Electoral Commissioner of this fact.
  6. A certificate under the hand of the Speaker certifying that a person has ceased to be a member of the National Assembly shall be conclusive evidence of this fact and of the fact that the seat held by that person is vacant unless-
    1. the person makes an application under article 82 to the Constitutional Court within thirty days of the date of the certificate; and
    2. the Constitutional Court determines that the person is still a member of the National Assembly and that person still occupies that seat.
  7. Until the final determination of an application referred to in clause (6) (a) the person who made the application shall continue to be a member of the National Assembly in respect of the seat for which the person was elected.

82

  1. The Constitutional Court shall have jurisdiction to hear and determine whether-
    1. a person has been validly elected as a member of the National Assembly; or
    2. the seat of a member of a National Assembly has become vacant.
  2. An application under clause (1) (a) may, in the case of-
    1. a directly elected member, be made by any person entitled to vote at an election in the electoral area for which the member was returned, any person who was returned, any person who was a candidate at the election in the electoral area or the Attorney-General; or
    2. a proportionately elected member, be made by any member or the Attorney-General.
  3. An application under clause (1) (b) may, in the case of-
    1. a directly elected member, be made by any member, any person entitled to vote at an election in the electoral area for which the member was returned or the Attorney General;
    2. a proportionately elected member, be made by any member, or the political party of which the proportionately elected member was a member at the time of election and which nominated the person as a member or the Attorney-General.
  4. Where a person, other than the Attorney-General, makes an application under this article, the Attorney-General may intervene and may appear or be represented in the proceedings.
  5. An Act may provide for-
    1. the circumstances and manner in which and the imposition of conditions upon which an application may be made to the Constitutional Court for the determination of a question under clause (1); and
    2. the powers, practice and procedure of the Constitutional Court in relation to the application.
  6. A proportionately elected member who ceases to be a member of the National Assembly by virtue of Article 81(1) (h) (i), j shall not have the right to make an application under clause 1(b).

83

  1. There shall be a Speaker and a Deputy Speaker of the National Assembly, each of whom shall be elected by the National Assembly, in accordance with the Standing Orders, or, in the absence of Standing Orders, in accordance with the procedures approved by the Assembly, from among the members of the Assembly.
  2. The National Assembly shall not transact any business, other than the election of the Speaker, at any time when the office of Speaker is vacant.
  3. A person holding the office of Speaker or Deputy Speaker shall vacate that office-
    1. when the National Assembly first meets after the holding of a general election;
    2. where the person ceases to be a member of the National Assembly;
    3. where the National Assembly passes a resolution supported by the votes of not less than two-thirds of the number of members of the Assembly requiring the person to vacate the office of Speaker or Deputy Speaker, as the case may be.
  4. A person holding the office of Speaker or Deputy Speaker may, by notice in writing addressed to the National Assembly, resign from office and the office shall become vacant when the Clerk to the Assembly receives the notice.
  5. Where the office of Speaker or Deputy Speaker becomes vacant, the National Assembly shall, unless it is sooner dissolved, elect another member of the Assembly to fill the vacancy at its next sitting after the occurrence of the vacancy or as soon as is practicable thereafter.
  6. An Act may provide for the salary, allowances, gratuity and pension of the Speaker and Deputy Speaker.
  7. The Salary, allowances, gratuity or pension payable to the Speaker shall be a charge on the Consolidated Fund.
  8. The Speaker and Deputy Speaker shall, before assuming the functions of their office, take and subscribe the oath of allegiance and such other oath as may be prescribed by law.

84

  1. There shall be a Leader of the Opposition who shall be elected by the National Assembly from among its members in accordance with this article and the Standing Orders.
  2. A person is not eligible to be elected to the office of Leader of the Opposition if the person is a member of the political party which nominated the incumbent President for election, and only members of the National Assembly who are not members of that party may vote in the election.
  3. A person elected to the office of Leader of the Opposition shall vacate the office-
    1. if the person ceases to be a member of the National Assembly;
    2. if the person is elected to the office of Speaker or Deputy Speaker;
    3. if the person resigns by notice in writing addressed to the Speaker; or
    4. where the members of the National Assembly entitled to vote at an election to the office pass a resolution requiring the person to vacate the office.
  4. An Act may provide for the salary, allowances, gratuity and pension of the Leader of the Opposition.
  5. The salary, allowances, gratuity or pension payable to the Leader of the Opposition shall be not less than those payable to a Minister and shall be a charge on the Consolidated Fund.
  6. Subject to article 105(3), where a person is elected Leader of the Opposition and in addition to this article is entitled to receive under any other provision of the Constitution a salary, pension, gratuity or allowance, the person shall not, while holding the office of Leader of the Opposition, be concurrently entitled to receive the salary, pension, gratuity or allowance under this article and under any other provision of the Constitution but may opt to receive the salary, pension, gratuity or allowance under either this article or any other provision of the Constitution.

84A

  1. There shall be a Leader of Government Business who shall be elected by the National Assembly from among its members in accordance with this article and the Standing Orders.
  2. A person is eligible to be elected to the Office of Leader of Government Business if the person is a member of the political party which nominated the incumbent President for election, and only members of the National Assembly who are members of that party may vote in the election.
  3. A person elected to the office of Leader of Government Business shall vacate the office
    1. if the person ceases to be a member of the National Assembly;
    2. if the person is elected to the office of Speaker or Deputy Speaker;
    3. if the person resigns by notice in writing addressed to the Speaker; or
    4. where the members of the National Assembly entitled to vote at an election to the office pass a resolution requiring the person to vacate the office.
  4. An Act may provide for the salary, allowances, gratuity and pension of the Leader of Government Business.
  5. The salary, allowances, gratuity or pension payable to the Leader of Government Business shall not be less than those payable to a Minister and shall be a charge on the Consolidated Fund.
  6. Subject to Article 105(3), where a person is elected Leader of Government Business and in addition to this article is entitled to receive under any other provision ofthe Constitution a salary, allowance, gratuity or pension, the person shall not, while holding the office of Leader of Government Business be concurrently entitled to receive the salary, allowance, gratuity or pension utnder this article or any other provision of the Constitution but may opt to receive the salary; allowance, gratuity or pension under either this article or any other provision ofthe Constitution.

PART II. LEGISLATIVE POWER AND ITS EXERCISE

    1. The legislative power of Seychelles is vested in the National Assembly and shall be exercised subject to and in accordance with this Constitution.

86

      1. The legislative power vested in the National Assembly shall be exercised by Bills passed by the Assembly and assented to or deemed to have been assented to by the President.
      2. Unless it is otherwise provided in this Constitution, a Bill is passed by the Assembly if it is supported at all the stages at which it is as a whole put to the vote of the Assembly by a majority of the members present and voting.
      3. Repealed.
      4. Subject to article 87, where a Bill is presented to the President for assent, the President shall, within fourteen days of the presentation of the Bill, assent, or, in accordance with this Part, withhold assent, to the Bill.
      5. The President shall, as soon as practicable, cause a Bill which has been passed and assented to or deemed to have been assented to in accordance with this Constitution to be published in the Gazette whereupon it shall become law.
      6. A Bill passed by the National Assembly and assented to or deemed to have been assented to by the President shall be styled an “Act” and the words of enactment shall be “Enacted by the President and the National Assembly”.

87

      1. Where the President is of the opinion that a Bill presented for assent infringes or may infringe this Constitution, the President shall not assent to the Bill and, as soon as is practicable within fourteen days of the presentation of the Bill —
        1. advise the Speaker accordingly; and
        2. refer the Bill to the Constitutional Court for a decision in this respect.
      2. Where the President refers a Bill to the Constitutional Court under clause (1), the President shall not, until the Court has made its decision on the Bill, be treated, for the purposes of article 88, as having withheld assent to the Bill.
      3. Where a Bill has been referred to the Constitutional Court under clause (1), the President shall not assent to it and the National Assembly shall not proceed under article 88(2) until the Court has pronounced its decision thereon.
      4. Where the Constitutional Court decides that a Bill referred to it under clause (1) does not infringe this Constitution, the Court shall forthwith inform the President and the Speaker in writing accordingly and the period under article 86(2) within which the President is required to assent to a Bill shall start to run from the date of the decision of the Court.
      5. Where the Constitutional Court decides that a Bill referred to it under clause (1) infringes this Constitution, the Court shall forthwith inform the President and the Speaker in writing accordingly and the President shall return the Bill to the Speaker.

88

    1. Where the President withholds, within the period provided in article 86(2), assent to a Bill, not being a Bill referred to in article 87(5), the President shall, in the case of a refusal, forthwith or, in any event, forthwith after the period of fourteen days referred to in article 86(2)-
      1. return the Bill to the Speaker; and
      2. inform the Speaker in writing of the reasons why the Bill has not been assented to.
    2. Where the President has returned the Bill to the Speaker under clause (1)(a), the National Assembly may, at any time after a period of three months from the date by which the President should have assented to the Bill under article 86(2), by a notice approved by the votes of not less than two thirds of the number of members of the Assembly resolve that the Bill should again be presented for the President’s assent.
    3. Where a Bill is presented for the President’s assent under clause (2), notwithstanding that the President withholds assent to the Bill, the President shall be deemed to have assented to the Bill at the expiration of the period of fourteen days referred to in article 86(2).
  2. Articles 85 and 86 shall not operate to prevent an Act from conferring on a person or authority power to make subsidiary legislation.
  3. Except on the recommendation of the President signified by the Minister for the time being responsible for finance, the National Assembly shall not-
    1. proceed on a Bill, including an amendment to a Bill, which, in the opinion of the person presiding or the Attorney-General provides-
      1. for the imposition of taxation or the alteration of taxation otherwise than by reduction;
      2. for the imposition of any charge on the Consolidated Fund or any other public fund of Seychelles or the alteration on any such charge otherwise than by reduction;
      3. for the payment, issue or withdrawal from the Consolidated Fund or any other fund of the Government of Seychelles of any moneys not charged thereon or any increase in the amount of such payment, issue or withdrawal; or
      4. for the composition or remission of any debt due to the Government of Seychelles; or
    2. proceed upon any motion, including an amendment to a motion, the effect of which in the opinion of the person presiding or the Attorney-General is that provision would be made for any matter in paragraph (a)(i) to (iv).
    3. receive any petition, that, in the opinion of the person presiding, requests that provision be made for any matter in paragraph (a) (i) to (iv).

PART III. ALTERATION OF THE CONSTITUTION

91

  1. The National Assembly shall not proceed on a Bill to alter Chapter I, Chapter III, this article 110 or article 111 unless-
    1. the proposed alteration contained in the Bill has been approved on a referendum by not less than sixty percent of the votes cast in the referendum; and
    2. the Speaker signifies that such approval has been so given.
  2. A Bill to alter this Constitution shall, in the long title state that it is a Bill to alter the Constitution, and shall not be passed by the National Assembly unless it is supported by the votes of not less than two-thirds of the number of members of the Assembly at any stage at which, pursuant to the Standing Orders, the Bill as a whole is put to the vote in the Assembly.
  3. In this article-
    1. a reference to this Constitution includes a reference to a law that amends or replaces any provision of this Constitution; and
    2. a reference to the alteration of this Constitution includes a reference to the amendment, modification or reenactment, with or without amendment or modification, of any provision of this Constitution, the suspension or repeal of any such provision and the making of different provision in lieu of such provisions, and the addition of a new provision to this Constitution.

PART IV. PROCEDURES IN THE NATIONAL ASSEMBLY

92

  1. The President may, at any time, attend and address the National Assembly.
  2. The President may send a message to the National Assembly and the message shall be read, at the first convenient sitting of the Assembly after it is received by the Speaker, by the Vice-President.

93

  1. The Vice-President or a Minister may attend meetings of the National Assembly-
    1. for the purpose of presenting a Bill and in connection with proceedings in the Assembly relating to the passing of a Bill;
    2. for the purpose of dealing with any matters arising in the Assembly, or explaining to the Assembly any matter, which falls within the Vice-President’s or Minister’s responsibility, or
    3. for the purpose of answering a written question from a member.
  2. The Vice-President, a Minister or, where a matter falls within the responsibility of the President, the Vice-President or a Minister designated by the President shall attend a meeting of the National Assembly when it is necessary for a purpose referred to in clause (1)(b) or (c).

94

  1. The right to introduce a Bill in the National Assembly may be exercised by the Vice-President or a Minister or, subject to clause (2), a member.
  2. A member may not, pursuant to clause (1), introduce a Bill which provides for any of the matters specified in article 90.
  3. The Speaker shall, after consultation with the President and the Leader of the Opposition, determine the order of priority for the presentation of Bills to the National Assembly.

95

  1. Where at a meeting of the National Assembly a quorum is not present and a member who is present objects on that account to the transaction of business and after such interval as may be prescribed in the Standing Orders, the person presiding at the sitting ascertains that a quorum is still not present, the person presiding shall adjourn the meeting of the Assembly.
  2. For the purpose of this article, a quorum shall consist of one half of the number of members at the time.

96

  1. Subject to this Constitution, questions before a meeting of the National Assembly shall be decided in accordance with the majority of members present and voting.
  2. The person presiding at a meeting of the National Assembly shall not vote on any question to be decided by the Assembly but, in the event of an equality of votes on any question, shall have a casting vote.
    1. Subject to the Standing Orders meetings of the National Assembly shall be open to the public and may be broadcast.

98

      1. Subject to clause (2), the Speaker or, in the absence of the Speaker, the Deputy Speaker or, in their absence, a member elected by the National Assembly, shall preside over the deliberations of the Assembly.
      2. The first meeting of a session of the Assembly shall, until the Speaker is elected, be presided over by the person who was the speaker or, in his absence, the Deputy Speaker immediately before that meeting.
    2. A member shall not take part in the proceedings of the National Assembly, other than the proceedings for the purposes of this article, until the member has taken and subscribed before the Assembly the oath of allegiance.
    3. The National Assembly may act, notwithstanding any vacancy in its membership, including any vacancy not filled when the Assembly first meets after an election, and the presence or participation of a person not entitled to be present at, or to participate in, the proceedings of the Assembly shall not invalidate the proceedings.
    4. Subject to this Constitution, the National Assembly may make Standing Orders for the regulation and orderly conduct of its proceedings and the discharge of business at sittings of the Assembly and for related purposes.

102

    1. There shall be freedom of speech and debate in the National Assembly and a member shall not be subject to the jurisdiction of any court or to any proceedings whatsoever, other than in proceedings in the Assembly, when exercising those freedoms or performing the functions of a member in the Assembly.
    2. Where the National Assembly is in session an arrest shall not be effected against a member in a way which will interfere with the performance by the member of the functions of the member in the Assembly and, where proceedings are instituted against a member, the court or authority before which the proceeding are being conducted shall so conduct the proceedings as to allow the member to continue to perform the functions of the member in the Assembly.
  2. A process issued by a court shall not be served or executed within the precincts of the National Assembly, as defined by or under an Act.

104

  1. The National Assembly shall, as soon as is practicable after the beginning of each session of the Assembly, appoint from among its members standing committees and other committees necessary for the efficient discharge of its functions and, without prejudice to the foregoing, the National Assembly shall appoint the following standing committees-
    1. a Finance and Public Accounts Committee; and
    2. a Standing Order Committee.
  2. The composition of a standing or other committee shall, as far as is practicable, reflect the strength of the political parties and independent members in the Assembly but shall otherwise be regulated by the Standing Orders.
  3. For the purposes of effectively performing its functions a standing or other committee may summon any person the committee believes may assist the committee in the performance of its functions and the committee shall have the powers, rights and privileges of the Supreme Court for –
    1. enforcing the attendance of witnesses and examining them on oath, affirmation or otherwise;
    2. compelling the production of documents; and
    3. issuing a commission or request to examine a witness abroad.
  4. A debate in the National Assembly may only be initiated in respect of a report or other matter which falls within the competence of a standing or other committee by a member of the standing or other committee.

105

  1. An Act may provide for the salary, allowances, gratuity and pension of member of the National Assembly.
  2. The salary, allowances, gratuity or pension payable to members of the National Assembly shall be a charge on the Consolidated Fund.
  3. A member of the National Assembly elected to the office of Speaker, Deputy Speaker, Leader of the Opposition or Leader of Government Business shall not, while holding that office, be paid the salary, allowances, gratuity or pension payable under clause (1).

PART V. SESSIONS AND DISSOLUTION OF THE NATIONAL ASSEMBLY

106

  1. A session of the National Assembly shall begin on the first meeting of the Assembly summoned under article 107 and, unless sooner dissolved under clause (2)(b) article 110 or article 111, continue for a period of five years thereafter.
  2. The National Assembly shall stand dissolved-
    1. subject to clause (3), on the day next following the end of the period of five years referred to in clause (1);
    2. where a general election is held before the period of five years referred to in clause (1), on the day next following the declaration of the results of the election; or
    3. in accordance with article 110 or article 111.
  3. Where a period of public emergency subsists at the time when the National Assembly would stand dissolved under clause (2)(a) National Assembly may, by resolution approved by a majority of the members of the Assembly, extend the sessions of the Assembly-
    1. where there is a declaration of emergency, for not more than six months at a time but up to a maximum aggregate period of twelve months;
    2. where Seychelles is at war, for not more than twelve months at a time but up to a maximum aggregate period of forty-eight months,

    and a period of extension shall not extend beyond the duration of the term of office of the President extended in the same circumstances under this Constitution.

    1. The President shall, by Proclamation published in the Gazette, summon the first meeting of the National Assembly in a session not later that four months after the end of the immediately preceding session of the Assembly.
    2. Subject to article 109, each succeeding meeting of the National Assembly after the first meeting of the Assembly shall be held at such place and commence at such time as the Speaker may determine or as may be prescribed by the Standing Orders.
    3. The President may, at any time by Proclamation published in the Gazette, summon a meeting of the National Assembly.

110

    1. The President may dissolve the National Assembly in accordance with this article.
    2. Subject to clause (5), the President may, not more than once during a term of office of the President, for any reason which the President considers it to be in the national interest so to do, after giving seven days notice to the Speaker, by Proclamation published in the Gazette, dissolve the National Assembly and the Assembly shall stand dissolved on the day next following the publication of the Proclamation.
    3. Subject to clause (5), where during a term of office of the President the President has once dissolved the National Assembly under clause (2) and the President is of the opinion that it is in the national interest to dissolve the Assembly once again, the President may, after giving to the Speaker-
      1. seven days’ notice of the intention to dissolve the Assembly; and
      2. written notice of the President’s intention to resign from office under article 52(5) on the publication of the Proclamation under this article, by Proclamation, published in the Gazette, dissolve the National Assembly and the Assembly shall stand dissolved and the President shall cease to hold office on the day next following the publication of the Proclamation.
    4. Where-
      1. the National Assembly votes against any measure proposal of the Government and on a referendum a majority of the cast in the referendum supports the measure or proposal and Assembly, after the referendum, again votes against the measure proposal,
      2. a proposal to alter Chapter I, III, article 91, this article or article 111 has been approved on a referendum held pursuant to article 91 and a Bill to give effect to the proposal is not supported as required by article 91 (2) in the National Assembly,

      the President may, after giving seven days’ notice to the Speaker, by Proclamation published in the Gazette, dissolve the National Assembly within thirty days of the Assembly voting against the measure or proposal under paragraph (a) or the Assembly not supporting the Bill under paragraph (b), as the case may be and the Assembly shall stand dissolved on the day next following the publication of the Proclamation.

    5. The President shall not dissolve the National Assembly under clause (2) or clause (3) during any period of public emergency in terms of article 49, where proceedings for the removal of the President under article 53 or article 54 have commenced, during the pendency of the proceedings.
  2. Where the National Assembly at a meeting summoned for this purpose resolves by the affirmative votes of not less than two-thirds of the number of members of the Assembly that the Assembly be dissolved, the National Assembly shall stand dissolved on the day next following the passing of the resolution.

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