Removal of President on grounds of incapacity

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— (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, 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. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 50 Constitution of Zambia Act, 1991 (Chapter 1) Zambia (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.