Removal of Speaker on specified grounds

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— (a) violated this Constitution; (b) 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 (c) committed gross misconduct. (2) The motion shall specify the particulars of the allegation. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 40 Constitution of Zambia Act, 1991 (Chapter 1) Zambia (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— (a) investigate the matter, and the Speaker or Deputy Speaker has the right to appear, be heard and be represented before the parliamentary committee; and (b) 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— (a) 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— (i) did not commit the violations specified in the motion; and (ii) be reinstated; or (b) 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.