Zambia 1991 (rev. 2016)

Article 45. Principles of electoral systems and process

1. Head of state selection, First chamber selection
   The electoral systems provided for in Article 47 for the election of President, Member of Parliament or councillor shall ensure—
   1. that citizens are free to exercise their political rights;
   2. Claim of universal suffrage
      universal adult suffrage based on the equality of a vote;
   3. fair representation of the various interest groups in society; and
   4. First chamber representation quotas
      gender equity in the National Assembly or council.
2. The electoral process and system of administering elections shall ensure—
   1. that elections are free and fair;
   2. that elections are free from violence, intimidation and corruption;
   3. independence, accountability, efficiency and transparency of the electoral process;
   4. a simple and practical system of voting and tabulating votes; and
   5. timely resolution of electoral disputes.

Article 46. Franchise

Article 47. Electoral systems

1. Head of state selection
   Elections to the office of President shall be conducted directly, under a majoritarian electoral system, where the winning candidate must receive more than fifty percent of the valid votes cast, and in accordance with Article 101.
2. First chamber selection
   Elections to the National Assembly shall be conducted under a first-past-the-post electoral system in accordance with Article 68.
3. Municipal government
   Elections to councils shall be conducted under a first-past-the-post electoral system, and in accordance with Articles 153 and 154.
4. First chamber selection, Municipal government
   A constituency and a ward shall return only one member to the National Assembly and council, respectively.

Article 48. Electoral process

Article 49. System for administering elections

Article 50. Access to media

Article 51. Independent candidates

Article 52. Nominations

1. A candidate shall file that candidate’s nomination paper to a returning officer, supported by an affidavit stating that the candidate is qualified for nomination as President, Member of Parliament or councillor, in the manner, on the day, and at the time and place set by the Electoral Commission by regulation.
2. A returning officer shall, immediately on the filing of a nomination paper, in accordance with clause (1), duly reject the nomination paper if the candidate does not meet the qualifications or procedural requirements specified for election to that office.
3. The information contained in a nomination paper and affidavit shall be published by the Electoral Commission, as prescribed.
4. A person may challenge, before a court or tribunal, as prescribed, the nomination of a candidate within seven days of the close of nomination and the court shall hear the case within twenty-one days of its lodgement.
5. The processes specified in clauses (1) to (4) shall be completed at least thirty days before a general election.
6. Where a candidate dies, resigns or becomes disqualified in accordance with Article 70, 100 or 153 or a court disqualifies a candidate for corruption or malpractice, after the close of nominations and before the election date, the Electoral Commission shall cancel the election and require the filing of fresh nominations by eligible candidates and elections shall be held within thirty days of the filing of the fresh nominations.

Article 53. Unopposed candidates

1. Where only one candidate is nominated for election as President, Member of Parliament or councillor, by the date and time set by the Electoral Commission for receiving nominations and at the close of the nomination period, that candidate shall be declared duly elected.
2. A person may, within seven days of a declaration made in accordance with clause (1), challenge the declaration, as prescribed.
3. The processes specified in clauses (1) and (2) shall be completed at least thirty days before a general election.

Article 54. Electoral code of conduct

Article 55. Losing candidate not eligible for certain appointments

Article 56. Election date for general elections

1. A general election shall be held, every five years after the last general election, on the second Thursday of August.
2. The day on which a general election is held shall be a public holiday.

Article 57. By-elections

1. Where a vacancy occurs in the office of Member of Parliament, mayor, council chairperson or councillor, a by-election shall be held within ninety days of the occurrence of the vacancy.
2. A by-election shall not be held within the one hundred-and-eighty day period that precedes a general election.
3. The Electoral Commission shall, by regulation, set the place where, and the date and time when, a by-election is to be held.

Article 58. Constituencies, wards and delimitation

1. Zambia shall be divided into constituencies and wards for purposes of elections to the National Assembly and councils, respectively.
2. The number of constituencies shall be equal to the number of seats of elected members in the National Assembly.
3. The number of wards in a district shall be prescribed.
4. The Electoral Commission shall determine the names and boundaries of constituencies and wards.
5. The Electoral Commission shall, at intervals of not more than ten years, review the names and boundaries of constituencies and wards.
6. The names and details of the boundaries of constituencies and wards shall be published in the Gazette and shall come into effect on the next dissolution of Parliament or councils.
7. A person may apply to the Constitutional Court for review of a decision of the Electoral Commission made under this Article.

Article 59. Matters to take into account when delimiting constituencies and wards

Article 60. Political parties

1. A political party has the right to—
   1. disseminate information on social and economic programmes of a national character and of its political ideology;
   2. sponsor candidates for election or nomination to a State office in respect of which elections are required to be held; and
   3. conduct primary elections for the selection of candidates.
2. Restrictions on political parties
   A political party shall—
   1. promote the values and principles specified in this Constitution;
   2. have a national character;
   3. promote and uphold national unity;
   4. promote and practice democracy through regular, free and fair elections within the party;
   5. respect the right of its members to participate in the affairs of the political party;
   6. respect the right of its members to seek redress from a court or tribunal when aggrieved by a decision of the political party; and
   7. subscribe to and observe the code of conduct for political parties, as prescribed.
3. Prohibited political parties, Restrictions on political parties
   A political party shall not—
   1. be founded on a religious, linguistic, racial, ethnic, tribal, gender, sectoral or provincial basis or engage in propaganda based on any of these factors;
   2. engage in or encourage violence or intimidate its members, supporters, opponents or other persons;
   3. engage in corrupt practices; and
   4. except as prescribed, use public resources to promote its interest or that of its members.
4. Restrictions on political parties, Campaign financing
   The following shall be prescribed with regard to political parties:
   1. the establishment and management of a Political Parties’ Fund to provide financial support to political parties with seats in the National Assembly;
   2. the accounts of political parties which are funded under the Political Parties’ Fund and the submission of audited accounts by political parties;
   3. the sources of funds for political parties;
   4. the maximum amount of money to be used for campaigns during elections; and
   5. matters incidental to matters specified in this clause.

Article 61. Principles of legislative authority

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

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

Article 63. Functions of Parliament and National Assembly

1. Parliament shall enact legislation through Bills passed by the National Assembly and assented to by the President.
2. 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. International law, Treaty ratification
      approving international agreements and treaties before these are acceded to or ratified.

Article 64. Introduction of Bills in National Assembly

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

Article 65. Money Bills

1. A Money Bill shall be introduced by a Minister.
2. A Money Bill means a Bill that provides for, among other

   matters—

   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.
3. 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

1. 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.
2. 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. Veto override procedure
      pass the Bill, without amendment, by a vote supported by at least two-thirds of the Members of Parliament.
3. 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.
4. Veto override procedure
   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.
5. 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.
6. 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

1. Article 62 or 63 shall not prevent Parliament from conferring on a person or authority power to make statutory instruments.
2. 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.

3. A person may challenge a statutory instrument, for its constitutionality, within fourteen days of the publication of the statutory instrument in the Gazette.
4. Where the Constitutional Court considers that a challenge of a statutory instrument is frivolous or vexatious, the Constitutional Court shall dismiss the action.
5. Constitutional court powers, Constitutional interpretation
   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.
6. 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.

Article 68. Election and composition of National Assembly

1. A Member of Parliament shall be elected in accordance with Article 47 (2) and this Article.
2. Size of first chamber
   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

1. 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.
2. Eligibility for first chamber
   A person may be nominated as a Member of Parliament if the person qualifies to be elected as such under Article 70.
3. 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

1. Subject to clause (2), a person is eligible to be elected as a Member of Parliament, if that person—
   1. is a citizen;
   2. Minimum age for first chamber
      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. Earnings disclosure requirement
      declares that person’s assets and liabilities, as prescribed.
2. Outside professions of legislators
   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

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

1. 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.
2. 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. Constitutional court powers
      is disqualified as a result of a decision of the Constitutional Court; or
   9. dies.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. Replacement of legislators
   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.
9. 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

1. A person may file an election petition with the High Court to challenge the election of a Member of Parliament.
2. An election petition shall be heard within ninety days ofthe filing of the petition.
3. A person may appeal against the decision of the High Court to the Constitutional Court.
4. 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

1. The President shall appoint the Vice-President to be the Leader of Government Business in the National Assembly.
2. 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.

Article 75. Sittings of National Assembly

1. 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.
2. 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.
3. Extraordinary legislative sessions
   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

1. 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.
2. A Member of Parliament shall have the powers, privileges and immunities, as prescribed.

Article 77. Procedure of National Assembly

1. 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.
2. 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.
3. Leader of first chamber
   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.
4. Quorum for legislative sessions
   The quorum for a meeting of the National Assembly shall be one-third of the Members of Parliament.

Article 78. Voting in National Assembly

1. 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.
2. 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

1. Subject to the provisions of this Article, Parliament may alter this Constitution or the Constitution of Zambia Act, 1991.
2. 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.
3. Referenda
   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.
4. Referenda
   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.
5. 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.
6. 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

1. The National Assembly may establish parliamentary committees.
2. 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.
3. 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.
4. The Standing Orders shall provide for the categories, functions and procedures of parliamentary committees.

Article 81. Term and prorogation of Parliament

1. Term length for first chamber
   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.
2. 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.
3. Parliament shall stand dissolved ninety days before the holding of the next general election.
4. Dismissal of the legislature
   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.
5. Dismissal of the legislature, Constitutional court powers
   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.
6. Dismissal of the legislature, Constitutional court powers
   The Constitutional Court shall hear the matter, referred to it in accordance with clause (5), within seven days of receipt of the matter.
7. Dismissal of the legislature, Constitutional court powers
   The Constitutional Court shall, where it decides that the situation in clause (4) exists, inform the President and the President shall dissolve Parliament.
8. Head of state removal, Head of state replacement
   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.
9. Replacement of legislators, Head of state replacement
   Where Parliament is dissolved under clauses (3) and (4), general elections shall be held within ninety days of the dissolution.
10. Emergency provisions
    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.
11. The President may, in consultation with the Speaker, prorogue Parliament by proclamation.

Article 82. Speaker and Deputy Speakers of National Assembly

1. 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.
2. 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.
3. There shall be two Deputy Speakers of the National Assembly who are not members of the same political party and of the same gender.
4. 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.
5. The Members of Parliament shall elect, by secret ballot, the Second Deputy Speaker from among their number.
6. 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.
7. 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.
8. 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

1. 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.
2. The motion shall specify the particulars of the allegation.
3. 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.
4. 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.
5. 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.
6. 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

1. 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.
2. A person shall not be appointed Clerk of the National Assembly unless that person has the academic qualifications, experience and skills prescribed.
3. Subject to clause (5), the Clerk of the National Assembly shall retire on attaining the age of sixty-five years.
4. The Clerk of the National Assembly may retire, with full benefits, on attaining the age of sixty years.
5. 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.
6. 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

Article 86. Presidential address to National Assembly and presidential messages

1. The President shall, at least twice in every year, attend and address the National Assembly.
2. 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

1. 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.
2. 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.
3. 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.
4. 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.
5. 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

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

Article 89. Public access and participation

1. The National Assembly shall facilitate public involvement in the legislative process.
2. Legislative committees, Public or private sessions
   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.

Article 90. Principles of executive authority

Article 91. Presidency and vesting of executive authority

1. Name/structure of executive(s), Designation of commander in chief
   There shall be a President of the Republic who shall be the Head of State and Government and Commander-in-Chief of the Defence Force.
2. The executive authority of the State vests in the President and, subject to this Constitution, shall be exercised directly by the President or through public officers or other persons appointed by the President.
3. The President shall, in exercise of the executive authority of the State—
   1. Duty to obey the constitution
      respect, uphold and safeguard this Constitution;
   2. safeguard the sovereignty of the Republic;
   3. promote democracy and enhance the unity of the Nation;
   4. respect the diversity of the different communities of Zambia;
   5. promote and protect the rights and freedoms of a person; and
   6. uphold the rule of law.

Article 92. Executive functions of President

1. The President shall perform, with dignity, leadership and integrity, the acts that are necessary and expedient for, or reasonably incidental to, the exercise of the executive authority.
2. Head of state powers
   Without limiting the other provisions of this Constitution, the President shall—
   1. Foreign affairs representative
      appoint ambassadors, high commissioners, plenipotentiaries, diplomatic representatives and consuls;
   2. International organizations, Foreign affairs representative
      receive and accredit foreign ambassadors, high commissioners, plenipotentiaries, diplomatic representatives, consuls and heads of international organisations;
   3. International law, Treaty ratification
      negotiate and sign international agreements and treaties and, subject to the approval of the National Assembly, ratify or accede to international agreements and treaties;
   4. establish, merge and dissolve Government ministries, subject to the approval of the National Assembly;
   5. appoint persons as are required by this Constitution or any other law to be appointed by the President;
   6. appoint persons as are required to perform special duties for the Executive;
   7. confer honours;
   8. sign and promulgate proclamations as specified in this Constitution or as prescribed;
   9. Initiation of general legislation
      initiate Bills for submission to, and consideration by, the National Assembly; and
   10. perform other functions specified by this Constitution or as prescribed.

Article 93. Confirmation of presidential decisions and instructions

1. A decision or instruction of the President shall be in writing under the President’s signature.
2. The signature of the President on an instrument shall be under Public Seal.

Article 94. Approval of appointments and measures by National Assembly

1. Where the performance of an executive function is expressed by this Constitution to be subject to approval by the National Assembly, the National Assembly shall, in the sitting next after receipt of the request for approval, give the approval within twenty-one days of the commencement of the sitting.
2. Where an approval is not given within the period specified in clause (1) or the National Assembly unreasonably refuses to give an approval as requested, the President shall refer the matter to the Constitutional Court for hearing and the decision of the Constitutional Court is final.
3. Where the Constitutional Court decides that the refusal or delay by the National Assembly was justified, the President shall comply with the order of the Court.
4. Where the Constitutional Court decides that the refusal or delay by the National Assembly was unreasonable, the National Assembly shall proceed to approve the matter.

Article 95. Ratification of appointments and measures by National Assembly

1. Where in this Constitution an appointment to an office or the taking of a measure by the President is subject to ratification by the National Assembly, the National Assembly shall, in the sitting next after receipt of the request for ratification, give its ratification within twenty-one days of the commencement of the sitting.
2. Where ratification is not given within the period specified in clause (1), the President shall propose another measure or appoint another person to that office and submit that measure or appointment for ratification by the National Assembly.
3. Where the National Assembly refuses or delays the ratification for the second time, the President shall propose another measure or appoint another person to that office and shall submit that measure or appointment for ratification by the National Assembly.
4. Where the National Assembly refuses or delays the ratification of the measure or appointment for the third time, that measure or appointment shall take effect.

Article 96. Advisory Committee on prerogative of mercy

1. There shall be an Advisory Committee on the prerogative of mercy which shall consist of persons appointed by the President.
2. Establishment of military courts
   The Advisory Committee shall advise the President on an action or a decision to be taken in relation to a person convicted of an offence by a court or court-martial.
3. A member of the Advisory Committee shall hold office at the pleasure of the President.
4. The President may preside at a meeting of the Advisory Committee.
5. The Advisory Committee shall determine its own procedure for meetings.

Article 97. Prerogative of mercy

1. The President may, on the advice of the Advisory Committee—
   1. conditionally or unconditionally, pardon a person convicted of an offence;
   2. substitute a less severe form of punishment imposed on a person by a court; or
   3. remit the whole or part of a fine, penalty or forfeiture.
2. A person who is sentenced to death may request the President, either directly or through a representative, for a pardon or commutation of the sentence.

Article 98. Protection of President from legal proceedings

1. A person shall not institute or continue civil proceedings against the President or a person performing executive functions, as provided in Article 109, in respect of anything done or omitted to be done by the President or that person in their private capacity during the tenure of office as President.
2. The President shall not, in the President’s private capacity during the tenure of office as President, institute or continue civil proceedings against a person.
3. For purposes of clauses (1) and (2), where a law limits the time within which proceedings may be brought against a person, the term of office shall not be taken into account in calculating the period of time.
4. Subject to clause (9), the President or a person performing executive functions, as provided in Article 109, is immune from criminal proceedings which immunity continues after that person ceases to hold or perform the functions of that office.
5. Where there is prima facie evidence that a person who held the office of President or who performed executive functions committed an offence whilst in office or during the period that person performed executive functions, the President shall submit a report, outlining the grounds relating to the offence allegedly committed, to the National Assembly, requesting the National Assembly to remove the immunity from criminal proceedings of that person.
6. Where the National Assembly receives a report, submitted in accordance with clause (5), the National Assembly shall constitute a select committee to scrutinise the grounds submitted and determine whether or not there is a prima facie case, based on the grounds submitted, that warrants the removal of the immunity from criminal proceedings, and recommend its decision to the National Assembly.
7. The person who held the office of President or who performed executive functions has the right to appear, be represented and be heard before the select committee constituted under clause (6).
8. Where the select committee, constituted under clause (6), recommends the removal of immunity from criminal proceedings from the person who held the office of President or who performed executive functions, the National Assembly may remove the immunity in respect of the alleged offence, by a resolution supported by a vote of not less than two-thirds of the Members of Parliament.
9. Where immunity is removed, in accordance with clause (8), the person who held the office of President or who performed executive functions, shall be charged with the offence for which the immunity from criminal proceedings was removed.
10. Where a court acquits the person who held the office of President or who performed executive functions, of an offence for which that person’s immunity from criminal proceedings was removed, the immunity of that person shall, for all purposes, be deemed not to have been removed, without further proceedings.
11. The process for the removal of immunity, provided for under this Article, shall not apply to an impeachable offence under Article 108.

Article 99. Returning officer for presidential elections

Article 100. Qualifications and disqualifications for nomination as presidential candidate

1. A person qualifies to be nominated as a candidate for election as President if that person—
   1. is a citizen by birth or descent;
   2. has been ordinarily resident in Zambia;
   3. Minimum age of head of state
      is at least thirty-five years old;
   4. is a registered voter;
   5. has obtained, as a minimum academic qualification, a grade twelve certificate or its equivalent;
   6. is fluent in the official language;
   7. has paid that person’s taxes or has made arrangements, satisfactory to the appropriate tax authority, for the payment of the taxes;
   8. declares that person’s assets and liabilities, as prescribed;
   9. pays the prescribed election fee on, or before, the date fixed for the delivery of nomination papers; and
   10. is supported by at least one hundred registered voters from each Province.
2. A person is disqualified from being nominated as a candidate for election as President if that person—
   1. is a public officer;
   2. has dual citizenship;
   3. is holding or acting in a Constitutional office or other public office;
   4. is a judge or judicial officer;
   5. was removed from public office on grounds of gross misconduct in the immediate preceding five years;
   6. has a mental or physical disability that would make the person incapable of performing the executive functions;
   7. is an undischarged bankrupt;
   8. is serving a sentence of imprisonment; or
   9. has, in the immediate preceding five years, served a term of imprisonment of at least three years.

Article 101. Election of President

1. A President shall be elected by registered voters in accordance with Article 47 (1) and this Article.
2. The Returning Officer shall declare the presidential candidate who receives more than fifty percent of the valid votes cast during the election as President-elect.
3. If at the initial ballot a presidential candidate does not receive more than fifty percent of the valid votes cast, a second ballot shall be held within thirty-seven days of the initial ballot, where the only candidates shall be the presidential candidates who obtained—
   1. the highest and second highest number of valid votes cast in the initial ballot; or
   2. an equal number of the valid votes cast in the initial ballot, being the highest votes amongst the presidential candidates that stood for election to the office of President.
4. Constitutional court powers
   A person may within seven days of the declaration made under clause (2), petition the Constitutional Court to nullify the election of a presidential candidate who took part in the initial ballot on the ground that—
   1. the person was not validly elected; or
   2. a provision of this Constitution or other law relating to presidential elections was not complied with.
5. Constitutional court powers
   The Constitutional Court shall hear an election petition filed in accordance with clause (4) within fourteen days of the filing of the petition.
6. Constitutional court powers
   The Constitutional Court may, after hearing an election petition—
   1. declare the election of the presidential candidate valid;
   2. nullify the election of the presidential candidate; or
   3. disqualify the presidential candidate from being a candidate in the second ballot.
7. A decision of the Constitutional Court made in accordance with clause (6) is final.
8. The presidential candidate who obtains the majority of the valid votes cast in the second ballot shall be declared President-elect.

Article 102. Disqualification for run-off

1. If a presidential candidate—
   1. resigns for a reason other than health;
   2. becomes disqualified as specified in Article 100; or
   3. is disqualified by a decision of the Constitutional Court in accordance with Article 101;

   the presidential candidate shall not take part in the second ballot and the candidate who scored the third highest number of valid votes cast in the initial ballot shall be a presidential candidate in the second ballot, together with the remaining presidential candidate that had initially qualified for the second ballot.

2. If a presidential candidate—
   1. dies; or
   2. resigns due to ill-health;

   before the taking of a second ballot, the running mate to that presidential candidate in the initial ballot shall assume the place of that presidential candidate.

3. The presidential candidate who assumed the place of the previous presidential candidate in accordance with clause (2) shall appoint a running mate.
4. Where both presidential candidates—
   1. resign;
   2. become disqualified under Article 100;
   3. become disqualified by a decision of the Constitutional Court under Article 101; or
   4. die;

   before the taking of the second ballot, fresh nominations shall be filed with the Electoral Commission, as prescribed.

Article 103. Election petition

1. A person may, within seven days of the declaration of a President-elect, petition the Constitutional Court to nullify the election of the President-elect on the ground that—
   1. the person was not validly elected; or
   2. a provision of this Constitution or other law relating to presidential elections was not complied with.
2. The Constitutional Court shall hear an election petition relating to the President-elect within fourteen days of the filing of the petition.
3. The Constitutional Court may, after hearing an election petition—
   1. declare the election of the President-elect valid; or
   2. nullify the election of the President-elect and Vice- President-elect.
4. A decision of the Constitutional Court under clause (3) is final.
5. Where the election of the President-elect and Vice-President-elect is nullified by the Constitutional Court, a presidential election shall be held within thirty days from the date of the nullification.

Article 104. Transition period before assuming office

1. The President-elect shall be sworn into office and assume office in accordance with Article 105.
2. Subject to clauses (3) and (4), where the Returning Officer declares a presidential candidate as President-elect, the incumbent shall continue to perform the executive functions until the President-elect assumes office, except the power to—
   1. make an appointment; or
   2. dissolve the National Assembly.
3. Where an election petition is filed against the incumbent, under Article 103 (1), or an election is nullified, under Article 103(3) (b), the Speaker shall perform the executive functions, except the power to—
   1. make an appointment; or
   2. dissolve the National Assembly.
4. Subject to Article 105 and except where the incumbent is the President-elect, the incumbent President shall, on the assumption of office by the President-elect, begin and complete the procedural and administrative handing over of the executive functions, to the President-elect, within fourteen days from the day the President-elect assumes office.

Article 105. Assumption of office

1. The President-elect shall assume office after being sworn in by the Chief Justice or, in the absence of the Chief Justice, the Deputy Chief Justice.
2. The President-elect shall be sworn into office on the Tuesday following—
   1. the seventh day after the date of the declaration of the presidential election results, if no petition has been filed in accordance with Article 103; or
   2. the seventh day after the date on which the Constitutional Court declares the election to be valid.
3. Subject to clause (4), where the President-elect dies, resigns or is for a reason unable to assume office, the Vice-President-elect shall be sworn into, and assume the office of President, in accordance with clause (1).
4. Subject to clause (5), where the inability of the President-elect to assume office is as a result of an event or circumstance beyond the control of the President-elect, the Vice-President-elect shall not be sworn into office.
5. Constitutional court powers
   A political party whose presidential candidate was declared President-elect or another person shall, within three days from the date on which the President-elect should have been sworn into office, petition the Constitutional Court to determine whether or not the inability of the President-elect to assume office is permanent.
6. Constitutional court powers
   Where the Constitutional Court decides that the inability of the President-elect to assume office is permanent, the Vice-President-elect shall be sworn into office as President and assume office in accordance with clause (1).
7. The Vice-President-elect who assumes office as President, in accordance with clause (3) or (6), shall appoint a person as Vice-President, subject to approval by the National Assembly, signified by a vote of not less than two-thirds of the Members of Parliament.
8. Where the Vice-President elect who is supposed to assume the office of President as specified in clause (3) or (6) dies, resigns or is for another reason unable to assume the office of President—
   1. the Speaker shall perform the executive functions; and
   2. a presidential election shall be held within sixty days of the occurrence of the vacancy.
9. The Speaker shall, perform the executive functions assumed in accordance with clause (8) except the power to make an appointment or dissolve the National Assembly.
10. The Speaker shall, when the President-elect assumes office, complete the procedural and administrative handing over process within thirty days.

Article 106. Tenure of office of President and vacancy

1. Head of state term length
   The term of office for a President is five years which shall run concurrently with the term of Parliament, except that the term of office of President shall expire when the President-elect assumes office in accordance with Article 105.
2. A President shall hold office from the date the President-elect is sworn into office and ending on the date the next President-elect is sworn into office.
3. Head of state term limits
   A person who has twice held office as President is not eligible for election as President.
4. Head of state removal
   The office of President becomes vacant if the President—
   1. dies;
   2. resigns by notice in writing to the Speaker of the National Assembly; or
   3. otherwise ceases to hold office under Article 81,107 or 108.
5. Head of state replacement
   When a vacancy occurs in the office of President, except under Article 81—
   1. the Vice-President shall immediately assume the office of President; or
   2. if the Vice-President is unable for a reason to assume the office of President, the Speaker shall perform the executive functions, except the power to—
      1. make an appointment; or
      2. dissolve the National Assembly;

      and a presidential election shall be held within sixty days after the occurrence of the vacancy.

6. If the Vice-President assumes the office of President, in accordance with clause (5)(a), or a person is elected to the office of President as a result of an election held in accordance with clause 5(b), the Vice-President or the President-elect shall serve for the unexpired term of office and be deemed, for the purposes of clause (3)—
   1. to have served a full term as President if, at the date on which the President assumed office, at least three years remain before the date of the next general election; or
   2. not to have served a term of office as President if, at the date on which the President assumed office, less than three years remain before the date of the next general election.

Article 107. Removal of President on grounds of incapacity

1. A Member of Parliament, supported by at least one-third of the Members of Parliament, may move a motion for the investigation of the physical or mental capacity of the President to perform executive functions.
2. The motion moved in accordance with clause (1) shall specify the particulars of the allegation.
3. Where the motion is supported in the National Assembly by a resolution of two-thirds of the Members of Parliament—
   1. the Speaker shall, within forty-eight hours of the adoption of the resolution, inform the Chief Justice of the resolution; and
   2. the Chief Justice shall immediately inform the President of the resolution, whereupon the President shall cease to perform the executive functions and the Vice-President shall perform the executive functions, except the power to—
      1. make an appointment; or
      2. dissolve the National Assembly.
4. The Chief Justice shall, within seven days of being informed of the resolution of the National Assembly, constitute a medical board, in consultation with the body responsible for regulating health practitioners, to inquire into the physical or mental capacity of the President.
5. A medical board shall consist of not less than three persons selected from among persons who are registered as health practitioners.
6. A medical board, constituted under clause (5), shall examine the President and report to the Chief Justice, within fourteen days of the constitution of the medical board, whether or not the President is capable of performing the executive functions.
7. Where the medical board reports that the President is capable of performing the executive functions, the Chief Justice shall, within forty-eight hours of the receipt of the medical report, cause a copy of the report to be presented to the National Assembly which shall resolve that the President should resume performing the executive functions.
8. Where the medical board reports that the President is not capable of performing the executive functions, the Chief Justice shall, within forty-eight hours of the receipt of the medical report, cause a copy of the report to be presented to the National Assembly which shall resolve that the President should cease to hold office and the Vice-President shall assume the office of President in accordance with Article 106 (5).
9. This Article applies to the Vice-President.

Article 108. Impeachment of President

1. A Member of Parliament, supported by at least one-third of the Members of Parliament, may move a motion for the impeachment of the President alleging that the President has committed—
   1. a violation of a provision of this Constitution or other law;
   2. a crime under international law; or
   3. gross misconduct.
2. The motion, moved in accordance with clause (1), shall specify the particulars of the allegation.
3. Where a motion, moved in accordance with clause (1), is supported, in the National Assembly, by a resolution of two-thirds of the Members of Parliament—
   1. the Speaker shall, within forty-eight hours of the adoption of the resolution, inform the Chief Justice of the resolution; and
   2. the Chief Justice shall immediately inform the President of the resolution, whereupon the President shall cease to perform the executive functions and the Vice-President shall perform the executive functions, except the power to—
      1. make an appointment; or
      2. dissolve the National Assembly.
4. Establishment of judicial council
   The Chief Justice shall, within seven days of being informed of the resolution of the National Assembly, appoint a tribunal, in consultation with the Judicial Service Commission, which shall consist of a chairperson and not less than two other members from among persons who hold, have held or qualify to hold, the office of judge.
5. The tribunal appointed under clause (4) shall, within thirty days of its appointment—
   1. investigate the matter relating to the impeachment of the President; and
   2. report to the Chief Justice as to whether or not the particulars of the allegations specified in the motion have been substantiated.
6. The President has the right to appear and be represented before the tribunal during its investigation.
7. The Chief Justice shall, on receipt of the report referred to in clause (5) (b), immediately submit the report to the National Assembly.
8. Where the tribunal reports that the particulars of an allegation against the President—
   1. is 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—
      1. the President did not commit the violations specified in the motion; and
      2. further proceedings shall not be taken with respect to the allegation; or
   2. is 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 President has committed the violations specified in the motion and that the President should cease to hold office forthwith.
9. The President shall, on the passing of a resolution in accordance with—
   1. clause (7) (a), resume to perform the executive functions; or
   2. clause (7) (b), cease to hold office and be amenable to prosecution without the need to lift the immunity under Article 98.
10. Where a motion is moved in accordance with clause (1), the President shall not dissolve Parliament.
11. This Article applies to the Vice-President.

Article 109. Performance of executive functions during absence of President

1. If the President leaves Zambia or is absent from office, the Vice-President shall perform the executive functions specified, in writing, by the President until the President returns to office or revokes the authority.
2. Where the Vice-President is incapable of performing the executive functions, as specified under clause (1), the President shall appoint a member of the Cabinet to perform the executive functions until the—
   1. Vice-President is able to perform those functions;
   2. President returns to office; or
   3. President revokes the authority.
3. Where the President is unable to appoint a member of Cabinet to perform the executive functions, in accordance with clause (2), Cabinet may elect one of its members to perform the executive functions until the—
   1. Vice-President is able to perform those functions;
   2. President returns to office; or
   3. President revokes the authority.

Article 110. Vice-President, election to office and swearing in

1. There shall be a Vice-President for the Republic who shall be the running mate to a presidential candidate in a presidential election.
2. The qualifications and disqualifications applying to a presidential candidate apply to the person selected by the presidential candidate to be the running mate.
3. An election to the office of Vice-President shall be conducted at the same time as that of an election to the office of President so that a vote cast for a presidential candidate is a vote cast for the running mate, and if the presidential candidate is elected, the running mate shall be considered to have been elected.
4. A Vice-President-elect shall be sworn into office by the Chief Justice or, in the absence of the Chief Justice, the Deputy Chief Justice.
5. The Vice-President shall assume office on the same day that the President assumes office.

Article 111. Tenure of office fo Vice-President and vacancy

1. The term of office for a Vice-President is five years.
2. A Vice-President shall hold office from the date the Vice-President-elect is sworn into office and ending on the date the next President-elect is sworn into office.
3. A person who has twice held the office of Vice-President shall not be selected as a running mate.
4. The office of Vice-President becomes vacant if the Vice-President—
   1. dies;
   2. resigns by notice in writing to the President;
   3. otherwise ceases to hold office under Article 81,107 or 108; or
   4. assumes the office of President.
5. Where a vacancy occurs in the office of Vice-President, except as provided under Article 81, the President shall appoint another person to be Vice-President and the National Assembly shall, by a resolution supported by the votes of not less than two-thirds of the Members of Parliament, approve the appointment of that person as Vice-President.
6. The person who assumes office as Vice-President, in accordance with clause (5), shall serve for the unexpired term of office and be deemed for the purposes of clause (3)—
   1. to have served a full term as Vice-President if, at the date on which the Vice-President assumed office, more than three years remain before the date of the next general election; or
   2. not to have served a term of office as Vice-President if, at the date on which the Vice-President assumed office, less than three years remain before the date of the next general elections.

Article 112. Functions of Vice-President

1. The Vice-President shall be answerable to the President in the performance of the functions of Vice-President.
2. The Vice-President shall—
   1. perform the functions that are assigned to the Vice-President by the President;
   2. perform the executive functions during the periods specified in this Constitution; and
   3. assume the office of President as specified in Article 106 (5).

Article 113. Cabinet

Article 114. Functions of Cabinet

1. Powers of cabinet
   The functions of Cabinet are as follows:
   1. approve and cause to be implemented Government policy;
   2. Initiation of general legislation
      approve Government Bills for introduction to the National Assembly;
   3. Budget bills
      approve and cause the national budget to be presented to the National Assembly;
   4. Treaty ratification, International law
      recommend the accession and ratification of international agreements and treaties to the National Assembly;
   5. recommend, for approval of the National Assembly—
      1. Finance bills
         loans to be contracted by the State; and
      2. guarantees on loans contracted by State institutions or other institutions; and
   6. advise the President on matters relating to the performance of executive functions.
2. Cabinet shall take collective responsibility for Cabinet decisions.

Article 115. Proceedings of Cabinet meetings

1. Subject to this Article, Cabinet shall regulate its own procedure.
2. Cabinet shall meet at least once in every month to perform its functions as specified in Article 114.
3. The Secretary to the Cabinet shall, in consultation with the President, call for meetings of Cabinet.
4. There shall preside at meetings of Cabinet—
   1. the President;
   2. in the absence of the President, the Vice-President; or
   3. in the absence of the Vice-President, a member of Cabinet appointed by the President.
5. Where the President is unable to appoint a member of Cabinet to preside at a meeting of Cabinet, the members of Cabinet present at the meeting may elect one of the members to preside.
6. The President may, in consultation with the Secretary to the Cabinet, invite a person whose presence is desirable to attend and participate in the deliberations of a meeting of Cabinet but that person shall have no vote.

Article 116. Ministers

1. Cabinet selection
   The President shall appoint a prescribed number of Members of Parliament as Ministers.
2. A Minister shall be responsible, under the direction of the President, for the policy and strategic direction of a Ministry, department or other State institution, as assigned by the President.
3. Cabinet removal
   The office of Minister becomes vacant if—
   1. the Minister is removed from office by the President;
   2. the Minister resigns, by notice in writing to the President;
   3. in the case of a nominated Member of Parliament, the nomination is revoked;
   4. the Minister dies;
   5. another person assumes the office of President; or
   6. the Minister has a mental or physical disability that makes the Minister incapable of performing the functions of that office.

Article 117. Provincial Minister

1. The President shall appoint a Provincial Minister for each Province from among Members of Parliament.
2. The office of Provincial Minister becomes vacant if—
   1. the Provincial Minister is removed from office by the President;
   2. the Provincial Minister resigns, by notice in writing to the President;
   3. the Provincial Minister dies;
   4. another person assumes the office of President;
   5. the Provincial Minister has a mental or physical disability that makes the Provincial Minister incapable of performing the functions of that office; or
   6. in the case of a nominated Member of Parliament, the nomination is revoked.
3. A Provincial Minister shall—
   1. be the head of Government in the Province;
   2. ensure that national policies are implemented in all districts in the Province; and
   3. ensure that the concurrent functions of the Province and the exclusive functions of the local authorities are performed in accordance with this Constitution and other laws.

Article 118. Principles of judicial authority

1. The judicial authority of the Republic derives from the people of Zambia and shall be exercised in a just manner and such exercise shall promote accountability.
2. In exercising judicial authority, the courts shall be guided by the following principles:
   1. justice shall be done to all, without discrimination;
   2. justice shall not be delayed;
   3. adequate compensation shall be awarded, where payable;
   4. alternative forms of dispute resolution, including traditional dispute resolution mechanisms, shall be promoted, subject to clause (3);
   5. justice shall be administered without undue regard to procedural technicalities; and
   6. the values and principles of this Constitution shall be protected and promoted.
3. Traditional dispute resolution mechanisms shall not—
   1. contravene the Bill of Rights;
   2. be inconsistent with other provisions of this Constitution or other written law; or
   3. be repugnant to justice and morality.

Article 119. Vesting of judicial authority and performance of judicial function

1. Judicial authority vests in the courts and shall be exercised by the courts in accordance with this Constitution and other laws.
2. The courts shall perform the following judicial functions:
   1. hear civil and criminal matters; and
   2. hear matters relating to, and in respect of, this Constitution.
3. Except as otherwise provided in this Constitution, other law or as ordered by a court, the proceedings of a court shall be in public.

Article 120. System of court

1. Structure of the courts
   The Judiciary shall consist of the superior courts and the following courts:
   1. subordinate courts;
   2. small claims courts;
   3. Municipal government
      local courts; and
   4. courts, as prescribed.
2. The courts shall be courts of record, except that local courts shall progressively become courts of record.
3. The following matters shall be prescribed:
   1. processes and procedures of the courts;
   2. Establishment of labor courts
      jurisdiction, powers and sittings, of the Industrial Relations Court, Commercial Court, Family Court, Children’s Court and other specialised courts;
   3. classification and divisions of the subordinate courts;
   4. classification and divisions of the local courts;
   5. jurisdiction and composition of subordinate courts, small claims courts, local courts and other prescribed courts; and
   6. grading of judicial officers and staff of subordinate courts, local courts and other prescribed courts.
4. The courts, except the Supreme Court and the Constitutional Court, shall be devolved to the Province and progressively to districts.
5. Superior courts shall sit as circuit courts in districts, in accordance with a circuit schedule issued by the Chief Justice.

Article 121. Ranking of Supreme and Constitutional Courts

Article 122. Functional independence of Judiciary

1. In the exercise of the judicial authority, the Judiciary shall be subject only to this Constitution and the law and not be subject to the control or direction of a person or an authority.
2. A person and a person holding a public office shall not interfere with the performance of a judicial function by a judge or judicial officer.
3. The Judiciary shall not, in the performance of its administrative functions and management of its financial affairs, be subject to the control or direction of a person or an authority.
4. A person and a person holding a public office shall protect the independence, dignity and effectiveness of the Judiciary.
5. The office of a judge or judicial officer shall not be abolished while there is a substantive holder of the office.

Article 123. Financial independence of Judiciary

1. The Judiciary shall be a self-accounting institution and shall deal directly with the Ministry responsible for finance in matters relating to its finances.
2. The Judiciary shall be adequately funded in a financial year to enable it effectively carry out its functions.

Article 124. Establishment and composition of Supreme Court

Article 125. Jurisdiction of Supreme Court

1. Subject to Article 128, the Supreme Court is the final court of appeal.
2. The Supreme Court has—
   1. Right to appeal judicial decisions
      appellate jurisdiction to hear appeals from the Court of Appeal; and
   2. jurisdiction conferred on it by other laws.
3. The Supreme Court is bound by its decisions, except in the interest of justice and development of jurisprudence.

Article 126. Sittings of Supreme Court

1. The Supreme Court shall be constituted by an uneven number of not less than three judges, except when hearing an interlocutory matter.
2. The Supreme Court shall be constituted by one judge when hearing an interlocutory matter.
3. The full bench of the Supreme Court shall be constituted by an uneven number of not less than five judges.
4. The Supreme Court shall be presided over by—
   1. the Chief Justice;
   2. in the absence of the Chief Justice, the Deputy Chief Justice; and
   3. in the absence of the Deputy Chief Justice, the most senior judge of the Supreme Court, as constituted.

Article 127. Establishment and composition of Constitutional Court

Article 128. Jurisdiction of Constitutional Court

1. Subject to Article 28, the Constitutional Court has original and final jurisdiction to hear—
   1. Constitutional interpretation
      a matter relating to the interpretation of this Constitution;
   2. Constitutional interpretation
      a matter relating to a violation or contravention of this Constitution;
   3. a matter relating to the President, Vice-President or an election of a President;
   4. appeals relating to election of Members of Parliament and councillors; and
   5. whether or not a matter falls within the jurisdiction of the Constitutional Court.
2. Subject to Article 28 (2), where a question relating to this Constitution arises in a court, the person presiding in that court shall refer the question to the Constitutional Court.
3. Constitutionality of legislation, Ultra-vires administrative actions
   Subject to Article 28, a person who alleges that—
   1. an Act of Parliament or statutory instrument;
   2. an action, measure or decision taken under law; or
   3. an act, omission, measure or decision by a person or an authority;

   contravenes this Constitution, may petition the Constitutional Court for redress.

4. A decision of the Constitutional Court is not appealable to the Supreme Court.

Article 129. Sittings of Constitutional Court

1. The Constitutional Court shall be constituted by an uneven number of not less than three judges, except when hearing an interlocutory matter.
2. The Constitutional Court shall be constituted by one judge when hearing an interlocutory matter.
3. The full bench of the Constitutional Court shall be constituted by an uneven number of not less than five judges.
4. The Constitutional Court shall be presided over by—
   1. the President of the Constitutional Court;
   2. in the absence of the President of the Constitutional Court, the Deputy-President of the Constitutional Court; and
   3. in the absence of the Deputy-President of the Constitutional Court, the most senior judge of the Constitutional Court, as constituted.

Article 130. Establishment and composition of Court of Appeal

Article 131. Jurisdiction of Court of Appeal

1. Right to appeal judicial decisions
   The Court of Appeal has jurisdiction to hear appeals from—
   1. the High Court;
   2. other courts, except for matters under the exclusive jurisdiction of the Constitutional Court; and
   3. quasi-judicial bodies, except a local government elections tribunal.
2. An appeal from a decision of the Court of Appeal shall be made to the Supreme Court with leave of the Court of Appeal.

Article 132. Sittings of Court of Appeal

1. The Court of Appeal shall be constituted by an uneven number of not less than three judges, except when hearing an appeal in an interlocutory matter.
2. The Court of Appeal shall be constituted by one judge when hearing an interlocutory matter.

Article 133. Establishment and composition of High Court

1. There is established the High Court which consists of—
   1. the Chief Justice, as an ex-officio judge; and
   2. such number of judges as prescribed.
2. Establishment of labor courts
   There are established, as divisions of the High Court, the Industrial Relations Court, Commercial Court, Family Court and Children’s Court.
3. The Chief Justice may constitute, by statutory instrument, specialised courts of the High Court to hear specific matters.
4. The composition of courts specified in clauses (2) and (3) shall be prescribed.

Article 134. Jurisdiction of High Court

Article 135. Sittings of High Court

Article 136. Chief Justice

1. There shall be a Chief Justice who is the head of the Judiciary.
2. The Chief Justice shall—
   1. be responsible for the administration of the Judiciary;
   2. ensure that a judge and judicial officer perform the judicial function with dignity, propriety and integrity;
   3. establish procedures to ensure that a judge and judicial officer independently exercise judicial authority in accordance with the law;
   4. ensure that a judge and judicial officer perform the judicial function without fear, favour or bias; and
   5. make rules and give directions necessary for the efficient and effective administration of the Judiciary.

Article 137. Deputy Chief Justice

1. There shall be a Deputy Chief Justice who shall—
   1. perform the functions of the Chief Justice, when the Chief Justice is absent or there is a vacancy in the office of Chief Justice;
   2. assist the Chief Justice in the administration of the Judiciary; and
   3. perform the functions assigned by the Chief Justice.
2. Establishment of judicial council
   The President shall, in consultation with the Judicial Service Commission, designate a judge of the Supreme Court to perform the functions of the Deputy Chief Justice where—
   1. the office of the Deputy Chief Justice is vacant;
   2. the Deputy Chief Justice is acting as Chief Justice; or
   3. the Deputy Chief Justice is for a reason unable to perform the functions of that office.

Article 138. President of Constitutional Court

1. There shall be a President of the Constitutional Court who is the head of the Constitutional Court.
2. The President of the Constitutional Court shall be responsible for the administration of the Constitutional Court under the direction of the Chief Justice.

Article 139. Deputy of President of Constitutional Court

1. There shall be a Deputy President of the Constitutional Court who shall—
   1. perform the functions of the President of the Constitutional Court, when the President of the Constitutional Court is absent or there is a vacancy in the office of President of the Constitutional Court;
   2. assist the President of the Constitutional Court in the administration of the Constitutional Court; and
   3. perform the functions assigned by the President of the Constitutional Court.
2. Establishment of judicial council
   The President shall, in consultation with the Judicial Service Commission, designate a judge of the Constitutional Court to perform the functions of the Deputy President of the Constitutional Court

   where—

   1. the office of the Deputy President of the Constitutional Court is vacant;
   2. the Deputy President of the Constitutional Court is acting as President of the Constitutional Court; or
   3. the Deputy President of the Constitutional Court is for a reason unable to perform the functions of that office.

Article 140. Appointment of judges

Article 141. Qualification for appointment as judge

1. A person qualifies for appointment as a judge if that person is of proven integrity and has been a legal practitioner, in the case of the—
   1. Eligibility for supreme court judges
      Supreme Court, for at least fifteen years;
   2. Eligibility for const court judges
      Constitutional Court, for at least fifteen years and has specialised training or experience in human rights or constitutional law;
   3. Eligibility for ordinary court judges
      Court of Appeal, for at least twelve years; or
   4. Eligibility for ordinary court judges
      High Court, for at least ten years.
2. A person appointed as judge to a specialised court shall have the relevant expertise, as prescribed.

Article 142. Tenure of office of judge

1. Mandatory retirement age for judges
   A judge shall retire from office on attaining the age of seventy years.
2. Mandatory retirement age for judges
   A judge may retire, with full benefits, on attaining the age of sixty-five years.
3. Supreme court term length, Constitutional court term length
   The Chief Justice and President of the Constitutional Court shall hold office for not more than ten years and may, thereafter, continue as a judge of the Supreme Court or Constitutional Court, subject to clause (1).
4. A judge who has retired is not eligible for appointment as a judge.
5. A judge may resign from the office of judge by notice, in writing, to the President.
6. Where a judge is appointed or assigned to an office, which is not an office in the judiciary and that judge wishes to take up the appointment, the judge shall resign from the office of judge.

Article 143. Removal of judge from office

Article 144. Procedure for removal of judge

1. The removal of a judge may be initiated by the Judicial Complaints Commission or by a complaint made to the Judicial Complaints Commission, based on the grounds specified in Article 143.
2. The Judicial Complaints Commission shall, where it decides that a prima facie case has been established against a judge, submit a report to the President.
3. The President shall, within seven days from the date of receiving the report, submitted in accordance with clause (2), suspend the judge from office and inform the Judicial Complaints Commission of the suspension.
4. The Judicial Complaints Commission shall, within thirty days of the judge being suspended from office, in accordance with clause (3)—
   1. hear the matter against the judge on the grounds specified in Article 143 (b), (c) and (d); or
   2. constitute a medical board, in consultation with the body responsible for regulating health practitioners, to inquire into the matter against the judge based on the ground specified in Article 143(a).
5. Where the Judicial Complaints Commission decides that an allegation based on a ground specified in Article 143(b), (c) and (d) is—
   1. not substantiated, the Judicial Complaints Commission shall recommend, to the President, the revocation of the judge’s suspension and the President shall immediately revoke the suspension; or
   2. substantiated, the Judicial Complaints Commission shall recommend, to the President, the removal of the judge from office and the President shall immediately remove the judge from office.
6. The proceedings under clause (4) (a) shall be held in camera and the judge is entitled to appear, be heard and be represented by a legal practitioner or other person chosen by the judge.
7. The medical board, constituted in accordance with clause (4)(b), shall consist of not less than three registered health practitioners.
8. The medical board shall, within thirty days of being constituted, examine the judge and report to the Judicial Complaints Commission on the judge’s capacity to perform the judicial functions.
9. Where the medical board recommends to the Judicial Complaints Commission that the judge is—
   1. physically or mentally capable of performing the judicial functions, the Judicial Complaints Commission shall recommend to the President the revocation of the judge’s suspension and the President shall immediately revoke the suspension; or
   2. not physically or mentally capable of performing the judicial functions, the Judicial Complaints Commission shall recommend to the President the removal of the judge from office and the President shall immediately remove the judge from office.
10. A judge who refuses to submit to an examination, in accordance with clause (8), shall immediately be removed from office by the President.

Article 145. Appointment and retirement of judicial officers

1. Establishment of judicial council
   The Judicial Service Commission shall appoint judicial officers, as prescribed.
2. The qualification for appointment as judicial officer shall be prescribed.
3. A judicial officer shall retire on attaining the age of sixty-five years.
4. A judicial officer may retire, with full benefits, on attaining the age of fifty-five years.

Article 146. Chief Administrator of Judiciary

1. Establishment of judicial council
   There shall be a Chief Administrator for the Judiciary who shall be appointed by the Judicial Service Commission.
2. The functions and qualifications of the Chief Administrator for the Judiciary shall be prescribed.

Article 147. System of devolved governance

1. The management and administration of the political, social, legal and economic affairs of the State shall be devolved from the national government level to the local government level.
2. The concurrent and exclusive functions of the national, provincial and local government levels are as listed in the Annex and as prescribed.
3. The different levels of government shall observe and adhere to the following principles:
   1. good governance, through democratic, effective and coherent governance systems and institutions;
   2. respect for the constitutional jurisdiction of each level of government;
   3. autonomy of the sub-structures; and
   4. equitable distribution and application of national resources to the sub-structures.

Article 148. Sub-structures of local government

1. Local governance shall be undertaken through sub-structures.
2. The Government shall provide adequate resources for the performance of the functions of the sub-structures.

Article 150. Provincial administration

1. There shall be established for each Province an administrative secretariat, which shall consist of—
   1. a Provincial Minister;
   2. a provincial Permanent Secretary; and
   3. other staff, as prescribed.
2. The provincial secretariat shall have overall responsibility of the Province and perform other functions as prescribed.

Article 151. System of local government

1. There is established a local government system where—
   1. functions, responsibilities and resources from the national Government and provincial administration are transferred to the local authorities in a co-ordinated manner;
   2. the people’s participation in democratic governance is promoted;
   3. co-operative governance with the national Government, provincial administration and local authorities is promoted to support and enhance the developmental role of local government;
   4. the capacity of local authorities to initiate, plan, manage and execute policies in respect of matters that affect the people within their respective districts is enhanced;
   5. social, spatial, financial and economic planning, at the district level, is developed, prioritised and promoted;
   6. a sound financial base is established for each local authority with reliable and predictable sources of revenue;
   7. the performance of persons employed by the national Government and provincial administration to provide services in the sub-structures is overseen by local authorities;
   8. the provision of Government services is monitored and projects are implemented in sub-structures;
   9. accountability of local authorities is ensured; and
   10. the right of local authorities to manage their affairs and to form partnerships, networks and associations to assist in the management of their respective districts and further their development is recognised.
2. The local government system shall—
   1. be based on democratically elected councils;
   2. promote democratic and accountable exercise of power;
   3. foster national unity;
   4. ensure that services are provided to sub-structures in an equitable and sustainable manner;
   5. promote social and economic development;
   6. promote a clean, safe and healthy environment; and
   7. encourage the involvement of communities and community organisations in matters of local government.

Article 152. Local authorities

1. A local authority shall—
   1. administer the district;
   2. oversee programmes and projects in the district;
   3. make by-laws; and
   4. perform other prescribed functions.
2. The national Government and the provincial administration shall not interfere with or compromise a local authority’s ability or right to perform its functions.
3. There shall be a council for each local authority.
4. There shall be a Town Clerk or Council Secretary for each local authority and other staff of the local authority, as prescribed.

Article 153. Election of councillors, composition of councils and tenure

1. A councillor shall be elected in accordance with Article 47(3) by registered voters resident within the district.
2. A council shall consist of the following councillors—
   1. persons elected in accordance with clause (1);
   2. a mayor or council chairperson elected in accordance with Article 154; and
   3. not more than three chiefs representing chiefs in the district, elected by the chiefs in the district.
3. The system of electing chiefs specified in clause (2) (b) shall be prescribed.
4. A person qualifies to be elected as a councillor, excluding councillors specified under clause (2) (b), if that person—
   1. is not a Member of Parliament;
   2. is not less than nineteen years of age;
   3. has obtained, as a minimum academic qualification, a grade twelve certificate or its equivalent;
   4. is a citizen or a holder of a resident permit, resident in the district; and
   5. has a certificate of clearance showing the payment of council taxes, where applicable.
5. A council may invite a person, whose presence is in its opinion desirable, to attend and to participate in the deliberations of the council but that person shall have no vote.
6. The term of a council shall be five years commencing from the date the councillors are sworn into office after a general election and ending on the date Parliament is dissolved.

Article 154. Mayor, deputy mayor, council chairperson and deputy council chairperson

1. There shall be a mayor and deputy mayor or council chairperson and deputy council chairperson for every council, as prescribed.
2. A mayor and council chairperson shall be elected—
   1. directly, in accordance withArticle 47 (3) during elections for councillors, as prescribed; and
   2. for a term of five years and may be re-elected for one further term of five years.
3. A deputy mayor and a deputy council chairperson shall be elected by the councillors from amongst themselves.

Article 155. Conduct of councillor

Article 156. Accountability of councillors

Article 157. Vacation of office of councillor and vacancies

1. A councillor shall vacate office on dissolution of a council.
2. The office of councillor becomes vacant if—
   1. the councillor ceases to be a resident of the district;
   2. the councillor resigns by one month’s notice, in writing, to the mayor or council chairperson;
   3. the councillor becomes disqualified for election under Article 153;
   4. the result of an election for that councillor is nullified by a local government elections tribunal established in accordance with Article 159;
   5. the councillor acts contrary to the code of ethics provided for in Article 155;
   6. the councillor has a mental or physical disability that makes the councillor incapable of performing the functions of councillor; or
   7. the councillor dies.
3. Where a councillor resigns in accordance with clause (2) (b), (c), (d) and (e)the councillor shall not be eligible for re-election as councillor for the duration of the term of that council.

Article 158. By-election for council

1. Where a vacancy occurs in the office of mayor, council chairperson or councillor—
   1. the Town Clerk or Council Secretary of the local authority shall, within seven days of the occurrence of the vacancy, inform the Electoral Commission, in writing, of the vacancy; and
   2. a by-election shall be held in accordance with Article 57.
2. If a person is elected to the office of mayor, council chairperson or councillor in a by-election, that mayor, council chairperson or councillor shall serve for the unexpired term of the council and be deemed—
   1. to have served a full term as mayor, council chairperson or councillor if, at the date on which the councillor assumed office, at least three years remain before the date of the next general election; or
   2. not to have served a term of office as mayor, council chairperson or councillor, if, at the date on which the councillor assumed office, less than three years remain before the date of the next general election.

Article 159. Local government elections tribunals and petitions

1. The Chief Justice shall establish such number of ad hoc local government elections tribunals as are necessary to hear whether—
   1. a person has been validly elected as a councillor; or
   2. the office of a councillor has become vacant.
2. A local government elections tribunal shall be presided over by a magistrate of competent jurisdiction sitting with two legal practitioners appointed by the Chief Justice.
3. A person may file an election petition with a local government elections tribunal to challenge the election of a councillor.
4. An election petition shall be heard within thirty days of the filing of the petition.
5. Constitutional court powers
   A person may appeal a decision of a local government elections tribunal to the Constitutional Court.
6. A councillor whose election is petitioned shall hold the seat in the council pending the determination of the election petition.
7. The Chief Justice shall make rules for the functions, composition, appointment of members, tenure of office of members, procedures and jurisdiction of a local government elections tribunal.

Article 160. Enforcement of judgment against local authority

Article 161. Revenue of local authorities

Article 162. Constituency Development Fund

1. There is established the Constituency Development Fund.
2. The appropriation of monies to the Constituency Development Fund and the management, disbursement, utilisation and accountability of the Constituency Development Fund shall be prescribed.

Article 163. Local Government Equalisation Fund and funds for local authorities

1. There is established the Local Government Equalisation Fund.
2. Parliament shall annually appropriate monies to the Local Government Equalisation Fund which shall be disbursed by the Ministry responsible for finance to local authorities.
3. The Government may provide additional funds and grants to a local authority, as prescribed.

Article 164. Legislation on local authorities

Article 173. Values and principles of public service

1. The guiding values and principles of the public service include the following—
   1. maintenance and promotion of the highest standards of professional ethics and integrity;
   2. promotion of efficient, effective and economic use of national resources;
   3. effective, impartial, fair and equitable provision of public services;
   4. encouragement of people to participate in the process of policy making;
   5. prompt, efficient and timely response to people’s needs;
   6. commitment to the implementation of public policy and programmes;
   7. accountability for administrative acts;
   8. proactively providing the public with timely, accessible and accurate information;
   9. Civil service recruitment
      merit as the basis of appointment and promotion;
   10. adequate and equal opportunities for appointments, training and advancement of members of both gender and members of all ethnic groups; and
   11. representation of persons with disabilities in the composition of the public service at all levels.
2. The values and principles specified in clause (1) apply to service—
   1. at national, provincial and local government levels; and
   2. to all State organs and State institutions.
3. A public officer shall not be—
   1. victimised or discriminated against for having performed functions in good faith in accordance with this Constitution or other law; or
   2. removed from office, reduced in rank or otherwise punished without just cause and due process.

Article 174. Constituting offices for public service

1. Subject to the recommendations of the relevant Service Commission, the power to constitute offices for the public service and to abolish those offices vests in the President.
2. The President shall not abolish an office in the public service while there is a substantive holder of the office.
3. The President may, by statutory instrument, declare that an office constituted by the President shall not be an office in the public service.
4. Appointment to an office declared by the President not to be an office in the public service shall be made by the President.

Article 175. Holding of office in public service

Article 176. Secretary to Cabinet

1. There shall be a Secretary to the Cabinet who shall be appointed by the President, in consultation with the Civil Service Commission, subject to ratification by the National Assembly.
2. The Secretary to the Cabinet shall—
   1. be chief advisor to the President on the management of the public service;
   2. be the head of the public service and responsible to the President for securing the general efficiency and effectiveness of the public service;
   3. ensure that public services are delivered to the public efficiently;
   4. in accordance with instructions of the President—
      1. arrange the affairs of Cabinet;
      2. attend meetings of Cabinet;
      3. cause to be written and kept minutes of meetings of Cabinet; and
      4. convey decisions made by Cabinet to appropriate authorities;
   5. monitor the implementation of Government policies and Cabinet decisions; and
   6. perform other functions as prescribed.
3. A person qualifies to be appointed as Secretary to the Cabinet if that person has or had at least ten years experience as a permanent secretary or equivalent rank.
4. The term of office of the Secretary to the Cabinet shall be five years, subject to renewal for further terms.
5. The Secretary to the Cabinet may resign from office by giving three months’ notice, in writing, to the President.

Article 177. Attorney-General

1. There shall be an Attorney-General, who shall be appointed by the President, subject to ratification by the National Assembly.
2. The Attorney-General shall not hold another public office.
3. The Attorney-General shall be a person qualified to be appointed as a judge.
4. The Attorney-General shall not be subject to the direction or control of a person or an authority in the performance of the Attorney-General’s functions.
5. The Attorney-General is the chief legal adviser to the Government and shall—
   1. be head of the Attorney-General’s Chambers;
   2. sign Government Bills to be presented to the National Assembly;
   3. represent the Government in civil proceedings to which Government is a party;
   4. International law, Treaty ratification
      give advice on an agreement, treaty or convention to which Government intends to become a party or in respect of which the Government has an interest before they are concluded, except where the National Assembly otherwise directs, and subject to conditions as prescribed; and
   5. perform other functions, as prescribed.
6. The Attorney-General’s Chambers shall be devolved to the Provinces and progressively to districts.

Article 178. Vacancy in office of Attorney-General

1. The office of the Attorney-General becomes vacant if—
   1. the Attorney-General is removed from office by the President;
   2. another person assumes the office of President;
   3. the Attorney-General dies; or
   4. the Attorney-General has a mental or physical disability that makes the Attorney-General incapable of performing the functions of that office.
2. The Attorney-General may resign from office by giving three months’ notice, in writing, to the President.

Article 179. Solicitor-General

1. There shall be a Solicitor-General who shall be appointed by the President, subject to ratification by the National Assembly.
2. A person qualifies for appointment as Solicitor-General if that person is qualified for appointment as a judge.
3. The Solicitor-General shall not hold another public office.
4. The office of Solicitor-General becomes vacant if—
   1. the Solicitor-General is removed from office by the President;
   2. another person assumes the office of President;
   3. the Solicitor-General dies; or
   4. the Solicitor-General has a mental or physical disability that makes the Solicitor-General incapable of performing the functions of that office.
5. The Solicitor-General shall assist the Attorney-General in the performance of the Attorney- General’s functions.
6. A function conferred on the Attorney-General by this Constitution or other law shall be performed by the Solicitor-General when the Attorney-General is unable to act owing to illness or absence from office for a reason.
7. The Solicitor-General may resign from office by giving three months’ notice, in writing, to the President.

Article 180. Director of Public Prosecutions

1. There shall be a Director of Public Prosecutions who shall be appointed by the President, subject to ratification by the National Assembly.
2. A person qualifies for appointment as Director of Public Prosecutions if that person—
   1. has experience in undertaking criminal trials; and
   2. is qualified to be appointed as a judge.
3. The Director of Public Prosecutions is the chief prosecutor for the Government and head of the National Prosecutions Authority.
4. The Director of Public Prosecutions may—
   1. institute and undertake criminal proceedings against a person before a court, other than a court-martial, for an offence alleged to have been committed by that person;
   2. take over and continue criminal proceedings instituted or undertaken by another person or authority; and
   3. discontinue, at any stage before judgment is delivered, criminal proceedings instituted or undertaken by the Director of Public Prosecutions or another person or authority.
5. For the purposes of clause (4), an appeal from a judgment, a case stated or to a question of law reserved shall be part of the criminal proceedings.
6. The power conferred on the Director of Public Prosecutions under clause (4)(c) shall not be exercised in relation to an appeal by a convicted person, a case stated or a question of law reserved at the instance of that person.
7. The Director of Public Prosecutions shall not be subject to the direction or control of a person or an authority in the performance of the functions of that office, except that the Director of Public Prosecutions shall have regard to the public interest, administration of justice, the integrity of the judicial system and the need to prevent and avoid abuse of the legal process.
8. The functions of the Director of Public Prosecutions may be exercised in person or by a public officer or legal practitioner, authorised by the Director of Public Prosecutions, acting under the general or special instructions of the Director of Public Prosecutions.
9. The National Prosecutions Authority shall be established as prescribed and shall devolve to the provinces and progressively to the districts.

Article 181. Performance of functions of Director of Public Prosecutions during absence, illness or other cause

Article 182. Tenure of office of Director of Public Prosecutions

1. Subject to this Article, the Director of Public Prosecutions shall retire from office on attaining the age of sixty years.
2. The Director of Public Prosecutions may retire, with full benefits, on attaining the age of fifty-five years.
3. The Director of Public Prosecutions may be removed from office on the same grounds and procedure as apply to a judge.
4. The Director of Public Prosecutions may resign from office by three months’ notice, in writing, to the President.

Article 183. Secretary to Treasury

1. There shall be a Secretary to the Treasury who shall be appointed by the President, in consultation with the Civil Service Commission, subject to ratification by the National Assembly.
2. The Secretary to the Treasury shall be the chief controlling officer of the Government.
3. The Secretary to the Treasury shall—
   1. be responsible and accountable for—
      1. the proper financial management and expenditure of public monies appropriated to a State organ, Province, local authority, State institution or other prescribed body; and
      2. monies raised from sources within or outside Zambia by a Province, local authority, State institution or other prescribed body;
   2. Economic plans
      oversee the formulation and implementation of the macro-economic frameworks and socio-economic plans of the Republic;
   3. provide a regulatory framework for sound financial management;
   4. Budget bills
      cause to be prepared annual estimates of revenue and expenditure, supplementary estimates of expenditure and the budget; and
   5. carry out other prescribed functions.
4. A person qualifies to be appointed as Secretary to the Treasury if that person qualifies for appointment as Governor of the Bank of Zambia.
5. The term of office of the Secretary to the Treasury shall be five years, subject to renewal for further terms.
6. The Secretary to the Treasury may resign from office by three months’ notice, in writing, to the President.

Article 184. Permanent Secretaries

1. The President shall, on the advice of the Civil Service Commission, appoint a Permanent Secretary for a Province, ministry or department.
2. A Permanent Secretary shall—
   1. carry out or cause to be carried out the portfolio functions of the provincial administration, ministry or department;
   2. advise the Minister or provincial Minister with respect to the activities, projects and programmes of the Province, ministry or department;
   3. cause to be implemented the policies of the Government and decisions of Cabinet;
   4. be responsible and accountable for the proper financial management and expenditure of public monies appropriated to the Province, ministry or department; and
   5. be responsible and accountable for the management of human resources in the provincial secretariat, ministry or department.

Article 185. Appointment of public officers

1. Head of state powers
   The President has, in accordance with and subject to the other provisions of this Constitution, the power to—
   1. appoint and confirm public officers;
   2. exercise disciplinary control over public officers; and
   3. terminate the employment of a public officer.
2. The President’s functions, as specified in clause (1), shall be exercised by the relevant Service Commission as specified in this Constitution and as prescribed.
3. A person shall not be regarded as disqualified for appointment to an office to which a public officer is qualified to be appointed by reason only that the office is held by a person who is on leave of absence pending relinquishment of that office.
4. A function of a service commission may be delegated to a public officer, as prescribed.

Article 186. Participation in politics

1. A public officer who seeks election, or is appointed, to a State office shall resign.
2. Clause (1) applies to a Constitutional office holder.

Article 217. Parliamentary Service

1. There is established the Parliamentary Service.
2. The office of the Clerk of the National Assembly, members of staff of the Parliamentary Service Commission and members of staff of the office of the Clerk, as prescribed, are offices in the Parliamentary Service.

Article 218. Parliamentary Service Commission

1. There is established the Parliamentary Service Commission.
2. The Parliamentary Service Commission shall—
   1. appoint the Clerk of the National Assembly;
   2. constitute offices in the Parliamentary Service;
   3. appoint, confirm, promote and hear appeals from officers of the Parliamentary Service;
   4. ensure efficient and effective functioning of the National Assembly;
   5. have financial oversight of the Parliamentary Service and the National Assembly; and
   6. perform such other functions as prescribed.

Article 219. Judicial Service

1. There is established the Judicial Service.
2. The office of judge, judicial officer, the members of staff of the Judicial Service Commission and such other officers as prescribed, are offices in the Judicial Service.

Article 220. Judicial Service Commission

1. There is established the Judicial Service Commission.
2. The Judicial Service Commission shall—
   1. constitute offices in the Judicial Service;
   2. make recommendations to the President on the appointment of judges;
   3. appoint, confirm, promote and hear appeals from judicial officers; and
   4. carry out a function provided for in this Constitution, or as prescribed.

Article 221. Civil Service

1. There is established the Civil Service.
2. The office of the Secretary to the Cabinet, Secretary to the Treasury, Deputy Secretary to the Cabinet, civil servants, the members of staff of the Civil Service Commission and other public officers as prescribed, are offices in the Civil Service.

Article 222. Civil Service Commission

1. There is established the Civil Service Commission.
2. The Civil Service Commission shall—
   1. constitute offices in the Civil Service;
   2. appoint, confirm, promote and hear appeals from officers in the Civil Service, excluding a Constitutional office holder; and
   3. perform such other functions as prescribed.

Article 223. Teaching Service

1. There is established the Teaching Service.
2. The teachers serving as public officers excluding civil servants, the members of staff of the Teaching Service Commission and other public officers, as prescribed, are offices in the Teaching Service.

Article 224. Teaching Service Commission

1. There is established the Teaching Service Commission.
2. The Teaching Service Commission shall—
   1. constitute offices in the Teaching Service;
   2. appoint, confirm, promote and hear appeals from officers of the Teaching Service; and
   3. perform such other functions as prescribed.

Article 225. Zambia Correctional Service Commission

1. There is established the Zambia Correctional Service Commission for the Zambia Correctional Service established in Article 193.
2. The office of Commissioner-General of Correctional Service, Deputy Commissioners-General of Correctional Service, Commissioners of Correctional Service, Assistant Commissioners of Correctional Service, Correctional officers and wardens, members of staff of the Zambia Correctional Service Commission and such other public officers as prescribed, are offices in the Zambia Correctional Service.
3. The Zambia Correctional Service Commission shall—
   1. constitute offices in the Zambia Correctional Service;
   2. appoint, confirm, promote and hear appeals from officers of the Zambia Correctional Service; and
   3. perform such other functions as prescribed.

Article 226. Zambia Police Service Commission

1. There is established the Zambia Police Service Commission for the Zambia Police Service established in Article 193.
2. The office of the Inspector-General of Police, the Deputy Inspector-General of Police, police officers, the members of staff of the Zambia Police Service Commission and other public officers as prescribed, are offices in the Zambia Police Service.
3. The Zambia Police Service Commission shall—
   1. constitute offices in the Zambia Police Service;
   2. appoint, confirm, promote and hear appeals from officers of the Zambia Police Service; and
   3. perform such other functions as prescribed.

   Local Government Service Commission

Article 227. Local Government Service

1. There is established the Local Government Service.
2. The office of the Town Clerk, Council Secretary, members of staff of the Local Government Service Commission, the members of staff of local authorities and other local government staff, as prescribed, are offices in the Local Government Service.

Article 228. Local Government Service Commission

1. There is established the Local Government Service Commission.
2. The Local Government Service Commission shall—
   1. appoint the Town Clerk and Council Secretary of a local authority;
   2. constitute offices in the Local Government Service;
   3. appoint, confirm, promote and hear appeals from officers of the Local Government Service;
   4. ensure efficient and effective functioning of local authorities; and
   5. perform such other functions as prescribed.

Article 229. Electoral Commission of Zambia

1. There is established the Electoral Commission of Zambia which shall have offices in Provinces and progressively in districts.
2. The Electoral Commission shall—
   1. implement the electoral process;
   2. Referenda
      conduct elections and referenda;
   3. register voters;
   4. settle minor electoral disputes, as prescribed;
   5. regulate the conduct of voters and candidates;
   6. accredit observers and election agents, as prescribed;
   7. Electoral districts
      delimit electoral boundaries; and
   8. perform such other functions as prescribed.

Article 230. Human Rights Commission

1. There is established the Human Rights Commission which shall have offices in the Provinces and progressively in districts.
2. The Human Rights Commission shall ensure that the Bill of Rights is upheld and protected.
3. The Human Rights Commission shall—
   1. investigate and report on the observance of rights and freedoms;
   2. take necessary steps to secure appropriate redress where rights and freedoms are violated;
   3. endeavour to resolve a dispute through negotiation, mediation or conciliation;
   4. carry out research on rights and freedoms and related matters;
   5. conduct civic education on rights and freedoms; and
   6. perform such other functions as prescribed.

Article 231. Gender Equity and Equality Commission

1. There is established the Gender Equity and Equality Commission which shall have offices in the Provinces and progressively in districts.
2. The Gender Equity and Equality Commission shall promote the attainment and mainstreaming of gender equality.
3. The Gender Equity and Equality Commission shall—
   1. monitor, investigate, research, educate, advise and report on issues concerning gender equality;
   2. ensure institutions comply with legal requirements and other standards relating to gender equality;
   3. take steps to secure appropriate redress to complaints relating to gender inequality, as prescribed; and
   4. perform such other functions as prescribed.

Article 232. Emoluments Commission

1. There is established the Emoluments Commission.
2. The Emoluments Commission shall determine, on the recommendation of the relevant authority or commission, the emoluments of public officers, chiefs and members of the House of Chiefs, as provided in this Constitution or as prescribed.

Article 233. Lands Commission

1. There is established the Lands Commission which shall have offices in all Provinces and progressively in districts.
2. The Lands Commission shall administer, manage and alienate land, on behalf of the President, as prescribed.

Article 234. State Audit Commission

1. There is established the State Audit Commission.
2. The State Audit Commission shall—
   1. subject to Article 249 (2) oversee the operations of the office of the Auditor-General, as prescribed;
   2. make recommendations to the President on the appointment of the Auditor-General; and
   3. perform such other functions as prescribed.

Article 235. Investigative Commissions

Article 236. Judicial Complaints Commission

1. There is established the Judicial Complaints Commission.
2. The Judicial Complaints Commission shall—
   1. enforce the Code of Conduct for judges and judicial officers;
   2. ensure that judges and judicial officers are accountable to the people for the performance of their functions;
   3. receive complaints lodged against a judge or judicial officer, as prescribed;
   4. hear a complaint against a judge or judicial officer, as prescribed;
   5. make recommendations to the appropriate institution or authority for action; and
   6. perform such other functions as prescribed.

Article 237. Police Public Complaints Commission

1. There is established the Police Public Complaints Commission.
2. The Police Public Complaints Commission shall—
   1. receive and investigate complaints against police actions;
   2. investigate complaints against police actions which result in serious injury or death of a person;
   3. make recommendations to the appropriate institution or authority for action; and
   4. perform such other functions as prescribed.

Article 238. Financial independence of commissions

1. A commission shall be a self-accounting institution which deals directly with the Ministry responsible for finance in matters relating to its finances.
2. A commission shall be adequately funded in a financial year to enable it to effectively perform its functions.

Article 239. Expenses of commissions

Article 240. Qualifications of members of commissions

Article 241. General powers of commissions

Article 242. Legislation on commissions

Public Protector

Auditor-General

Article 253. Principles of land policy

1. Land shall be held, used and managed in accordance with the following principles:
   1. equitable access to land and associated resources;
   2. security of tenure for lawful land holders;
   3. recognition of indigenous cultural rites;
   4. sustainable use of land;
   5. transparent, effective and efficient administration of land;
   6. effective and efficient settlement of land disputes;
   7. river frontages, islands, lakeshores and ecologically and culturally sensitive areas—
      1. to be accessible to the public;
      2. not to be leased, fenced or sold; and
      3. Protection of environment
         to be maintained and used for conservation and preservation activities;
   8. investments in land to also benefit local communities and their economy; and
   9. plans for land use to be done in a consultative and participatory manner.

Article 254. Classification and alientation of land and land tenure

1. Land shall be delimited and classified as State land, customary land and such other classification, as prescribed.
2. The President may, through the Lands Commission, alienate land to citizens and non-citizens, as prescribed.
3. Land shall be held for a prescribed tenure.

Article 255. Principles of environmental and natural resources management and development

Article 256. Protection of environment and natural resources

Article 257. Utilisation of natural resources and management of environment