Zambia 1991 Constitution (reviewed 2016) - Page 6 of 21

Table of Contents

PART VI. LEGISLATURE

Legislative Authority

Article 61. Principles of legislative authority

The legislative authority of the Republic derives from the people of Zambia and shall be exercised in a manner that protects this Constitution and promotes the democratic governance of the Republic.

Article 62. Parliament, vesting of legislative authority and Members of Parliament

There is established the Parliament of Zambia which consists of the President and the National Assembly.
The legislative authority of the Republic is vested in and exercised by Parliament.
A person or body, other than Parliament, shall not have power to enact legislation, except as conferred by this Constitution.
A member of the National Assembly shall be referred to as a Member of Parliament.

Article 63. Functions of Parliament and National Assembly

Parliament shall enact legislation through Bills passed by the National Assembly and assented to by the President.
The National Assembly shall oversee the performance of executive functions by—
1. ensuring equity in the distribution of national resources amongst the people of Zambia;
2. appropriating funds for expenditure by State organs, State institutions, provincial administration, local authorities and other bodies;
3. scrutinising public expenditure, including defence, constitutional and special expenditure;
4. approving public debt before it is contracted; and
5. approving international agreements and treaties before these are acceded to or ratified.

Article 64. Introduction of Bills in National Assembly

A Member of Parliament or Minister may introduce a Bill in the National Assembly.
The expenses of drafting and introducing a Bill in the National Assembly shall be a charge on the Consolidated Fund.

Article 65. Money Bills

A Money Bill shall be introduced by a Minister.
A Money Bill means a Bill that provides for, among othermatters—
1. the imposition, repeal, remission, alteration or regulation of taxes;
2. the imposition of charges on the Consolidated Fund or any other public fund, or the variation or repeal of any of those charges;
3. the appropriation, receipt, custody, investment, issue or audit of accounts of public monies;
4. the grant of public money to a person or authority or the variation or revocation of such grant;
5. the raising or guaranteeing of a loan or the repayment of it; or
6. matters incidental to matters specified in this clause.
A Bill that confers emoluments on State officers or Constitutional office holders shall only be introduced in the National Assembly if the emoluments are recommended by the Emoluments Commission.

Article 66. Presidential assent and referral

Where a Bill is presented to the President for assent, the President shall, within twenty-one days after receipt of the Bill—
1. assent to the Bill; or
2. refer the Bill to the National Assembly for reconsideration, indicating any reservation that the President has concerning the Bill.
Where the President refers the Bill to the National Assembly for reconsideration, in accordance with clause (1) (b), the National Assembly may—
1. amend the Bill taking into account the President’s reservation; or
2. pass the Bill, without amendment, by a vote supported by at least two-thirds of the Members of Parliament.
Where the National Assembly passes the Bill with amendments, in accordance with clause (2) (a), the Speaker shall submit the Bill to the President for assent.
Where the National Assembly passes the Bill, in accordance with clause (2) (b)—
1. the Speaker shall, within seven days of passing the Bill, resubmit the Bill to the President; and
2. the President shall, within seven days of receipt of the Bill, assent to the Bill.
Where the National Assembly fails to pass the Bill, in accordance with clause (2) (b), the Bill shall not be presented to the National Assembly in that session.
Where the President does not assent to a Bill within the periods prescribed in clauses (1) and (4), the Bill shall be considered assented to upon the expiry of those periods.

Article 67. Statutory instruments

Article 62 or 63 shall not prevent Parliament from conferring on a person or authority power to make statutory instruments.
A statutory instrument shall be published in the Gazette—
1. not later than twenty-eight days after it is made; or
2. in the case of a statutory instrument which will not have the force of law unless it is approved by a person or an authority, other than a person or an authority by which it was made, not later than twenty-eight days after it is so approved;
and if the statutory instrument is not so published, it is void from the date on which it was made.
A person may challenge a statutory instrument, for its constitutionality, within fourteen days of the publication of the statutory instrument in the Gazette.
Where the Constitutional Court considers that a challenge of a statutory instrument is frivolous or vexatious, the Constitutional Court shall dismiss the action.
Where the Constitutional Court decides that a provision of a statutory instrument is inconsistent with a provision of this Constitution, that statutory instrument is void from the date on which it was made.
A Member of Parliament who intends to challenge a statutory instrument, on its constitutionality, shall follow the procedure laid down in the Standing Orders of the National Assembly.

Elections to National Assembly and Members of Parliament

Article 68. Election and composition of National Assembly

A Member of Parliament shall be elected in accordance with Article 47 (2) and this Article.
The National Assembly shall consist of—
1. one hundred and fifty-six members directly elected on the basis of a simple majority vote under the first-past-the-post system;
2. not more than eight nominated members;
3. the Vice-President;
4. the Speaker; and
5. the First and Second Deputy Speakers.

Article 69. Nominated Members of Parliament

The President may nominate a person referred to in Article 68 (2) (b) where the President considers it necessary to enhance the representation of special interests, skills or gender in the National Assembly.
A person may be nominated as a Member of Parliament if the person qualifies to be elected as such under Article 70.
A person who was a candidate for election in the last preceding general election or a subsequent by-election is not eligible to be nominated as a Member of Parliament

Article 70. Qualifications and disqualifications of Members of Parliament

Subject to clause (2), a person is eligible to be elected as a Member of Parliament, if that person—
1. is a citizen;
2. is at least twenty-one years old;
3. is a registered voter;
4. has obtained, as a minimum academic qualification, a grade twelve certificate or its equivalent; and
5. declares that person’s assets and liabilities, as prescribed.
A person is disqualified from being elected as a Member of Parliament if that person—
1. is validly nominated as a candidate in a presidential election;
2. is a public officer or Constitutional office holder;
3. is a judge or judicial officer;
4. has a mental or physical disability that would make the person incapable of performing the legislative function;
5. is an undischarged bankrupt;
6. is serving a sentence of imprisonment for an offence under a written law;
7. has, in the immediate preceding five years, served a term of imprisonment of at least three years;
8. has, in the immediate preceding five years, been removed from public office on grounds of gross misconduct; or
9. holds or is acting in an office, as prescribed, the functions of which involve or are connected with the conduct of elections.

Article 71. Nominations for election to National Assembly

A nomination for election to the National Assembly is valid if the candidate—

has paid a prescribed election fee to the Electoral Commission;and
is supported by at least fifteen persons registered as voters in the constituency in which the candidate is standing for election.

Article 72. Vacation of office as Member of Parliament and dissolution of political party

A Member of Parliament shall, except the Speaker and the First Deputy Speaker, vacate the seat in the National Assembly upon a dissolution of Parliament.
The office of Member of Parliament becomes vacant if the member—
1. resigns by notice, in writing, to the Speaker;
2. becomes disqualified for election in accordance with Article 70;
3. acts contrary to a prescribed code of conduct;
4. resigns from the political party which sponsored the member for election to the National Assembly;
5. is expelled from the political party which sponsored the member for election to the National Assembly;
6. ceases to be a citizen;
7. having been elected to the National Assembly, as an independent candidate, joins a political party;
8. is disqualified as a result of a decision of the Constitutional Court; or
9. dies.
The office of a nominated Member of Parliament becomes vacant if the member—
1. resigns by notice, in writing, to the speaker;
2. is disqualified under Article 70;
3. acts contrary to a prescribed code of conduct;
4. ceases to be a citizen;
5. dies; or
6. has the member’s nomination revoked by the President.
A person who causes a vacancy in the National Assembly due to the reasons specified under clause (2) (a), (b), (c), (d), (g) and (h) shall not, during the term of that Parliament—
1. be eligible to contest an election; or
2. hold public office.
Where a Member of Parliament is expelled as provided in clause (2)(e), the member shall not lose the seat until the expulsion is confirmed by a court, except that where the member does not challenge the expulsion in court and the period prescribed for challenge lapses, the member shall vacate the seat in the National Assembly.
Where a court determines that an expulsion of a member, as provided in clause (2)(e), was not justified, there shall be no by-election for that seat and the member shall opt to—
1. remain a member of the political partyand retain the seat; or
2. resign from the political party and retain the seat as an independent member.
Where a court determines that an expulsion of a member, as provided in clause (2)(e), was justified, the member shall vacate the seat in the National Assembly.
Where a vacancy occurs in the National Assembly, the Speaker shall, within seven days of the occurrence of the vacancy, inform the Electoral Commission of the vacancy, in writing, and a by-election shall be held in accordance with Article 57.
If a political party is dissolved, a Member of Parliament shall retain the member’s seat as an independent member.

Article 73. Petition of election of Member of Parliament

A person may file an election petition with the High Court to challenge the election of a Member of Parliament.
An election petition shall be heard within ninety days ofthe filing of the petition.
A person may appeal against the decision of the High Court to the Constitutional Court.
A Member of Parliament whose election is petitioned shall hold the seat in the National Assembly pending the determination of the election petition.

Article 74. Leader of Government Business and Leader of Opposition

The President shall appoint the Vice-President to be the Leader of Government Business in the National Assembly.
The opposition political party with the largest number of seats in the National Assembly shall elect a Leader of the Opposition from amongst the Members of Parliament who are from the opposition.

Proceedings of National Assembly

Article 75. Sittings of National Assembly

The Speaker shall, within thirty days after a general election, by notice in the Gazette, appoint a date for the first sitting of the National Assembly for that term.
There shall be at least three sittings of the National Assembly in a session of Parliament which shall be held at such times and on such days as the Speaker appoints.
Notwithstanding clause (2), the President, or two-thirds of the Members of Parliament, may, in writing, request the Speaker to summon a sitting of the National Assembly, as prescribed.

Article 76. Freedom of speech powers, privilegs and immunities

A Member of Parliament has freedom of speech and debate in the National Assembly and that freedom shall not be ousted or questioned in a court or tribunal.
A Member of Parliament shall have the powers, privileges and immunities, as prescribed.

Article 77. Procedure of National Assembly

Subject to this Article and Article 78, the National Assembly shall regulate its own procedure and make Standing Orders for the conduct of its business.
The proceedings of the National Assembly shall not be invalid due to—
1. a vacancy in its membership; or
2. the presence or participation of a person not entitled to be present at, or to participate in, the proceedings of the National Assembly.
There shall preside at a sitting of the National Assembly—
1. the Speaker;
2. in the absence of the Speaker, the First Deputy Speaker;
3. in the absence of the First Deputy Speaker, the Second Deputy Speaker; or
4. in the absence of the Second Deputy Speaker, another Member of Parliament as the members may elect for that sitting.
The quorum for a meeting of the National Assembly shall be one-third of the Members of Parliament.

Article 78. Voting in National Assembly

Except as otherwise provided in this Constitution, a question proposed for decision in the National Assembly shall be determined by a majority of the Members of Parliament present and voting.
On a question proposed for decision in the National Assembly—
1. the Speaker shall have no vote; and
2. in the case of a tie, the question shall be lost.

Article 79. Alteration of Constitution

Subject to the provisions of this Article, Parliament may alter this Constitution or the Constitution of Zambia Act, 1991.
Subject to cause (3) a bill for the alteration of this Constitution or the Constitution of Zambia Act, 1991 shall not be passed unless—
1. not less than thirty days before the first reading of the bill in the National Assembly the text of the bill is published in the Gazette; and
2. the bill is supported on second and third readings by the votes of not less than two thirds of all the members of the Assembly.
A bill for the alteration of Part III of this Constitution or of this Article shall not be passed unless before the first reading of the bill in the National Assembly it has been put to a National referendum with or without amendment by not less than fifty percent of persons entitled to be registered as voters for the purposes of Presidential and parliamentary elections.
Any referendum conducted for the purposes of clause (3) shall be so conducted and supervised in such manner as may be prescribed by or under an Act of Parliament.
In this Article—
1. references to this Constitution or the Constitution of Zambia Act, 1991 include reference to any law that amends or replaces any of the provisions of this Constitution or that Act; and
2. references to the alteration of this Constitution or the Constitution of Zambia Act, 1991 or of any Part or Article include references to the amendment, modification or reenactment with or without amendment or modification, of any provision for the time being contained in this Constitution, that Act, Part or Article, the suspension or repeal or any such provision and the making of different provision in lieu of such provision, and the addition of new provisions, to this Constitution, that Act, Part or Article.
Nothing in this Article shall be so construed as to require the publication of any amendment to any such bill as is referred to in clause (2) proposed to be moved in the National Assembly.

Article 80. Committees of National Assembly

The National Assembly may establish parliamentary committees.
Parliamentary committees shall be established at the first sitting of the National Assembly after a general election and after the election of the Speaker and the Deputy Speakers.
The National Assembly shall, in selecting members of a parliamentary committee, ensure that there is equitable representation of the political parties holding seats in the National Assembly and independent Members of Parliament.
The Standing Orders shall provide for the categories, functions and procedures of parliamentary committees.

Article 81. Term and prorogation of Parliament

The term of Parliament shall be five years commencing from the date that the Members of Parliament are sworn into office after a general election and ending on the date that Parliament is dissolved.
The National Assembly may, when the Republic is at war, by resolution supported by a simple majority vote of the Members of Parliament, extend the term of Parliament for not more than twelve months at a time.
Parliament shall stand dissolved ninety days before the holding of the next general election.
Subject to clauses (5), (6) and (7), the President may dissolve Parliament if the Executive cannot effectively govern the Republic due to the failure of the National Assembly to objectively and reasonably carry out its legislative function.
Where the President intends to dissolve Parliament in accordance with clause (4), the President shall inform the public and refer the matter, within seven days, to the Constitutional Court.
The Constitutional Court shall hear the matter, referred to it in accordance with clause (5), within seven days of receipt of the matter.
The Constitutional Court shall, where it decides that the situation in clause (4) exists, inform the President and the President shall dissolve Parliament.
Where Parliament is dissolved under clauses (3) and (4), the President shall, until the President-elect assumes office, continue to perform the executive functions, in accordance with Article 104.
Where Parliament is dissolved under clauses (3) and (4), general elections shall be held within ninety days of the dissolution.
The President may, due to a state of war, state of public emergency or threatened state of public emergency, after the dissolution of Parliament and before the holding of general elections, recall the National Assembly that was dissolved.
The President may, in consultation with the Speaker, prorogue Parliament by proclamation.

Speaker Deputy Speakers and Officers of National Assembly

Article 82. Speaker and Deputy Speakers of National Assembly

The Members of Parliament shall elect, by secret ballot, a Speaker of the National Assembly from a list of names of persons, who are qualified to be elected as Members of Parliament, but are not Members of Parliament, submitted to the National Assembly by—
1. the President; and
2. political parties holding seats in the National Assembly.
A person is qualified to be elected as Speaker of the National Assembly if that person—
1. is a citizen by birth or descent;
2. does not have dual citizenship;
3. has been ordinarily resident in Zambia;
4. is at least thirty-five years old;
5. has obtained, as a minimum academic qualification, a grade twelve certificate or its equivalent;
6. declares that person’s assets and liabilities, as prescribed;
7. has paid that person’s taxes or made arrangements satisfactory to the appropriate tax authority for the payment of the taxes; and
8. is not a Member of Parliament.
There shall be two Deputy Speakers of the National Assembly who are not members of the same political party and of the same gender.
The Members of Parliament shall elect, by secret ballot, the First Deputy Speaker from a list of three names, selected by the political parties represented in the National Assembly, from among persons who are qualified to be elected as Members of Parliament but are not Members of Parliament.
The Members of Parliament shall elect, by secret ballot, the Second Deputy Speaker from among their number.
The Members of Parliament shall elect a Speaker and the Deputy Speakers—
1. when the National Assembly first sits after a general election; and
2. if the office of Speaker or Deputy Speaker becomes vacant.
The office of Speaker or Deputy Speaker shall become vacant if the Speaker or Deputy Speaker—
1. becomes disqualified under Article 70 (2);
2. resigns by notice, in writing, to the President;
3. is removed from office in accordance with Article 83; or
4. dies.
When the office of Speaker or Deputy Speaker becomes vacant, business shall not be transacted in the National Assembly, other than an election to the office of Speaker or Deputy Speaker.

Article 83. Removal of Speaker on specified grounds

A Member of Parliament, supported by at least one-third of the Members of Parliament, may move a motion for the removal of the Speaker or a Deputy Speaker, alleging that the Speaker or Deputy Speaker has—
1. violated this Constitution;
2. a mental or physical disability that makes the Speaker or Deputy Speaker incapable of performing the functions of the office of Speaker or Deputy Speaker; or
3. committed gross misconduct.
The motion shall specify the particulars of the allegation.
Where a motion is supported by a resolution of two-thirds of the Members of Parliament, the Speaker or Deputy Speaker shall be suspended from office and the National Assembly shall refer the matter to a parliamentary committee.
The parliamentary committee, to which the matter has been referred in accordance with clause (3), shall, within seven days of the reference—
1. investigate the matter, and the Speaker or Deputy Speaker has the right to appear, be heard and be represented before the parliamentary committee; and
2. report to the National Assembly whether or not the particulars of the allegations specified in the motion have been substantiated.
Where the parliamentary committee reports that the particulars of the allegation against the Speaker or Deputy Speaker—
1. are not substantiated, the National Assembly shall, on a motion supported by the votes of not less than two-thirds of the Members of Parliament, taken by secret ballot, resolve that the Speaker or Deputy Speaker—
  1. did not commit the violations specified in the motion; and
  2. be reinstated; or
2. are substantiated, the National Assembly shall, on a motion supported by the votes of not less than two-thirds of the Members of Parliament, taken by secret ballot, resolve that the Speaker or Deputy Speaker has committed the violations specified in the motion and that the Speaker or Deputy Speaker cease to hold office forthwith.
Where a resolution is made, in accordance with clause (5) (b), an election of Speaker or Deputy Speaker shall be conducted within seven days of the resolution, in accordance with Article 82.

Article 84. Clerk of National Assembly

There shall be a Clerk of the National Assembly who shall be appointed by the Parliamentary Service Commission, subject to ratification by the National Assembly.
A person shall not be appointed Clerk of the National Assembly unless that person has the academic qualifications, experience and skills prescribed.
Subject to clause (5), the Clerk of the National Assembly shall retire on attaining the age of sixty-five years.
The Clerk of the National Assembly may retire, with full benefits, on attaining the age of sixty years.
The National Assembly may, by a resolution supported by the votes of not less than two-thirds of the Members of Parliament, remove the Clerk of the National Assembly on the same grounds and procedure that apply to the removal of a judge.
The Clerk of the National Assembly may resign from office by three months’ notice, in writing, to the Speaker.

Article 85. Officers of National Assembly

There shall be appointed such officers in the department of the Clerk of the National Assembly, as prescribed.

General Parliamentary Matters

Article 86. Presidential address to National Assembly and presidential messages

The President shall, at least twice in every year, attend and address the National Assembly.
The President may, at any time during the term of Parliament, send a message to the National Assembly which shall be read by the Leader of Government Business or by a Minister designated by the President.

Article 87. Vote of censure

The National Assembly may censure a Minister or Provincial Minister where the Members of Parliament are dissatisfied with the conduct or performance of the Minister or Provincial Minister.
The proceedings to censure a Minister or Provincial Minister shall be commenced by a notice of motion, submitted to the Speaker, signed by at least one-third of the Members of Parliament, stating the grounds in support of the motion.
The Speaker shall, on receipt of the notice of motion submitted in accordance with clause (2), cause a copy of the notice of motion to be given to the Minister or Provincial Minister.
The notice of motion to censure a Minister or Provincial Minister shall not be debated until after the expiry of seven days from the date the notice of motion is submitted to the Speaker.
The National Assembly may pass a vote of censure on a Minister or Provincial Minister by resolution supported by two-thirds of the votes of the Members of Parliament.

Article 88. Right to petition and make comments

A citizen may petition the National Assembly to initiate the enactment, amendment or repeal of legislation.
A citizen may comment on a deliberation, statement or decision of the National Assembly.
The manner of petitioning and commenting referred to in this Article shall be prescribed.

Article 89. Public access and participation

The National Assembly shall facilitate public involvement in the legislative process.
The National Assembly or a parliamentary committee shall not exclude the public or media from its sittings, unless there are justifiable reasons for the exclusion and the Speaker informs the public or media of the reasons.