Impeachment of President

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— (a) a violation of a provision of this Constitution or other law; (b) a crime under international law; or (c) 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— (a) the Speaker shall, within forty-eight hours of the adoption of the resolution, inform the Chief Justice of the resolution; and (b) 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— (i) make an appointment; or (ii) dissolve the National Assembly. (4) 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— (a) investigate the matter relating to the impeachment of the President; and (b) 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. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 51 Constitution of Zambia Act, 1991 (Chapter 1) Zambia (8) Where the tribunal reports that the particulars of an allegation against the President— (a) 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— (i) the President did not commit the violations specified in the motion; and (ii) further proceedings shall not be taken with respect to the allegation; or (b) 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— (a) clause (7) (a), resume to perform the executive functions; or (b) 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.