Term and prorogation of Parliament

Term and prorogation of Parliament (1) 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 but Members of Parliament shall be deemed to have served until a day before the next general election. [clause (3) substituted by section 8 of Act 13 of 2025] (4) 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) 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) The Constitutional Court shall hear the matter, referred to it in accordance with clause (5), within seven days of receipt of the matter. (7) The Constitutional Court shall, where it decides that the situation in clause (4) exists, inform the President and the President shall dissolve Parliament. (8) 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) Where Parliament is dissolved under clauses (3) and (4), general elections shall be held within ninety days of the dissolution. (10) 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. Speaker, Deputy Speakers and Officers of National Assembly