The Constitution is amended by the repeal of Articles 80 to Repeal and

7. The Constitution is amended by the repeal of Articles 80 to Repeal and replacement 90 inclusive and the substitution therefor of the following: of Articles 80 to 90 30 No. 2 of 2016] Constitution of Zambia (Amendment) Committees 80. (1) The National Assembly may establish parliamentary of National Assembly 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. Term and 81. (1) The term of Parliament shall be five years commencing prorogation of Parliament 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) 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. Constitution of Zambia (Amendment) [No. 2 of 2016 31 (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 82. (1) The Members of Parliament shall elect, by secret ballot, Speaker and Deputy a Speaker of the National Assembly from a list of names of persons, Speakers of who are qualified to be elected as Members of Parliament, but are National Assembly not Members of Parliament, submitted to the National Assembly by— (a) the President; and (b) 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— (a) is a citizen by birth or descent; (b) does not have dual citizenship; (c) has been ordinarily resident in Zambia; (d) is at least thirty-five years old; 32 No. 2 of 2016] Constitution of Zambia (Amendment) (e) has obtained, as a minimum academic qualification, a grade twelve certificate or its equivalent; (f) declares that person’s assets and liabilities, as prescribed; (g) has paid that person’s taxes or made arrangements satisfactory to the appropriate tax authority for the payment of the taxes; and (h) 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— (a) when the National Assembly first sits after a general election; and (b) 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— (a) becomes disqualified under Article 70 (2); (b) resigns by notice, in writing, to the President; (c) is removed from office in accordance with Article 83; or (d) 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. Constitution of Zambia (Amendment) [No. 2 of 2016 33 83. (1) A Member of Parliament, supported by at least one- Removal of Speaker on third of the Members of Parliament, may move a motion for the specified removal of the Speaker or a Deputy Speaker, alleging that the grounds 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. (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. 34 No. 2 of 2016] Constitution of Zambia (Amendment) (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. Clerk of 84. (1) There shall be a Clerk of the National Assembly who National Assembly 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. Officers of 85. There shall be appointed such officers in the department National Assembly of the Clerk of the National Assembly, as prescribed. General Parliamentary Matters Presidential 86. (1) The President shall, at least twice in every year, attend address to and address the National Assembly. National Assembly and (2) The President may, at any time during the term of presidential Parliament, send a message to the National Assembly which shall messages be read by the Leader of Government Business or by a Minister designated by the President. Vote of 87. (1) The National Assembly may censure a Minister or censure 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. Constitution of Zambia (Amendment) [No. 2 of 2016 35 (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. 88. (1) A citizen may petition the National Assembly to initiate Right to the enactment, amendment or repeal of legislation. petition and make (2) A citizen may comment on a deliberation, statement or comments decision of the National Assembly. (3) The manner of petitioning and commenting referred to in this Article shall be prescribed. 89. (1) The National Assembly shall facilitate public Public access involvement in the legislative process. and participation (2) 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.