The Constitution is amended by the repeal of Articles 62 to Repeal and

6. The Constitution is amended by the repeal of Articles 62 to Repeal and replacement 78 inclusive and the substitution therefor of the following: of Articles 62 to 78 61. The legislative authority of the Republic derives from Principles of the people of Zambia and shall be exercised in a manner legislative authority that protects this Constitution and promotes the democratic governance of the Republic. 62. (1) There is established the Parliament of Zambia which Parliament, consists of the President and the National Assembly. vesting of legislative (2) The legislative authority of the Republic is vested in and authority and exercised by Parliament. Members of Parliament (3) A person or body, other than Parliament, shall not have power to enact legislation, except as conferred by this Constitution. (4) A member of the National Assembly shall be referred to as a Member of Parliament. 63. (1) Parliament shall enact legislation through Bills passed Functions of by the National Assembly and assented to by the President. Parliament and National (2) The National Assembly shall oversee the performance of Assembly executive functions by— (a) ensuring equity in the distribution of national resources amongst the people of Zambia; (b) appropriating funds for expenditure by State organs, State institutions, provincial administration, local authorities and other bodies; (c) scrutinising public expenditure, including defence, constitutional and special expenditure; (d) approving public debt before it is contracted; and (e) approving international agreements and treaties before these are acceded to or ratified. 64. (1) A Member of Parliament or Minister may introduce a Introduction Bill in the National Assembly. of Bills in National (2) The expenses of drafting and introducing a Bill in the National Assembly Assembly shall be a charge on the Consolidated Fund. 65. (1) A Money Bill shall be introduced by a Minister. Money Bills 22 No. 2 of 2016] Constitution of Zambia (Amendment) (2) A Money Bill means a Bill that provides for, among other matters— (a) the imposition, repeal, remission, alteration or regulation of taxes; (b) the imposition of charges on the Consolidated Fund or any other public fund, or the variation or repeal of any of those charges; (c) the appropriation, receipt, custody, investment, issue or audit of accounts of public monies; (d) the grant of public money to a person or authority or the variation or revocation of such grant; (e) the raising or guaranteeing of a loan or the repayment of it; or (f) matters incidental to matters specified in this clause. (3) A Bill that confers emoluments on State officers or Constitutional office holders shall only be introduced in the National Assembly if the emoluments are recommended by the Emoluments Commission. Presidential 66. (1) Where a Bill is presented to the President for assent, assent and referral the President shall, within twenty-one days after receipt of the Bill— (a) assent to the Bill; or (b) refer the Bill to the National Assembly for reconsideration, indicating any reservation that the President has concerning the Bill. (2) Where the President refers the Bill to the National Assembly for reconsideration, in accordance with clause (1) (b), the National Assembly may— (a) amend the Bill taking into account the President’s reservation; or (b) pass the Bill, without amendment, by a vote supported by at least two-thirds of the Members of Parliament. Constitution of Zambia (Amendment) [No. 2 of 2016 23 (3) Where the National Assembly passes the Bill with amendments, in accordance with clause (2) (a), the Speaker shall submit the Bill to the President for assent. (4) Where the National Assembly passes the Bill, in accordance with clause (2) (b)— (a) the Speaker shall, within seven days of passing the Bill, resubmit the Bill to the President; and (b) the President shall, within seven days of receipt of the Bill, assent to the Bill. (5) Where the National Assembly fails to pass the Bill, in accordance with clause (2) (b), the Bill shall not be presented to the National Assembly in that session. (6) Where the President does not assent to a Bill within the periods prescribed in clauses (1) and (4), the Bill shall be considered assented to upon the expiry of those periods. 67. (1) Article 62 or 63 shall not prevent Parliament from Statutory instruments conferring on a person or authority power to make statutory instruments. (2) A statutory instrument shall be published in the Gazette— (a) not later than twenty-eight days after it is made; or (b) in the case of a statutory instrument which will not have the force of law unless it is approved by a person or an authority, other than a person or an authority by which it was made, not later than twenty-eight days after it is so approved; and if the statutory instrument is not so published, it is void from the date on which it was made. (3) A person may challenge a statutory instrument, for its constitutionality, within fourteen days of the publication of the statutory instrument in the Gazette. (4) Where the Constitutional Court considers that a challenge of a statutory instrument is frivolous or vexatious, the Constitutional Court shall dismiss the action. (5) Where the Constitutional Court decides that a provision of a statutory instrument is inconsistent with a provision of this Constitution, that statutory instrument is void from the date on which it was made. 24 No. 2 of 2016] Constitution of Zambia (Amendment) (6) A Member of Parliament who intends to challenge a statutory instrument, on its constitutionality, shall follow the procedure laid down in the Standing Orders of the National Assembly. Elections to National Assembly and Members of Parliament Election and 68. (1) A Member of Parliament shall be elected in composition of National accordance with Article 47 (2) and this Article. Assembly (2) The National Assembly shall consist of— (a) one hundred and fifty-six members directly elected on the basis of a simple majority vote under the first-past- the-post system; (b) not more than eight nominated members; (c) the Vice-President; (d) the Speaker; and (e) the First and Second Deputy Speakers. Nominated 69. (1) The President may nominate a person referred to in Members of Parliament Article 68 (2) (b) where the President considers it necessary to enhance the representation of special interests, skills or gender in the National Assembly. (2) A person may be nominated as a Member of Parliament if the person qualifies to be elected as such under Article 70. (3) A person who was a candidate for election in the last preceding general election or a subsequent by-election is not eligible to be nominated as a Member of Parliament Qualifications 70. (1) Subject to clause (2), a person is eligible to be elected and disqualifica- as a Member of Parliament, if that person— tions of Members of (a) is a citizen; Parliament (b) is at least twenty-one years old; (c) is a registered voter; Constitution of Zambia (Amendment) [No. 2 of 2016 25 (d) has obtained, as a minimum academic qualification, a grade twelve certificate or its equivalent; and (e) declares that person’s assets and liabilities, as prescribed. (2) A person is disqualified from being elected as a Member of Parliament if that person— (a) is validly nominated as a candidate in a presidential election; (b) is a public officer or Constitutional office holder; (c) is a judge or judicial officer; (d) has a mental or physical disability that would make the person incapable of performing the legislative function; (e) is an undischarged bankrupt; (f) is serving a sentence of imprisonment for an offence under a written law; (g) has, in the immediate preceding five years, served a term of imprisonment of at least three years; (h) has, in the immediate preceding five years, been removed from public office on grounds of gross misconduct; or (i) holds or is acting in an office, as prescribed, the functions of which involve or are connected with the conduct of elections. 71. A nomination for election to the National Assembly is valid Nominations for election if the candidate— to National Assembly (a) has paid a prescribed election fee to the Electoral Commission; and (b) is supported by at least fifteen persons registered as voters in the constituency in which the candidate is standing for election. 26 No. 2 of 2016] Constitution of Zambia (Amendment) Vacation of 72. (1) A Member of Parliament shall, except the Speaker and office as Member of the First Deputy Speaker, vacate the seat in the National Assembly Parliament and upon a dissolution of Parliament. dissolution of political (2) The office of Member of Parliament becomes vacant if party the member— (a) resigns by notice, in writing, to the Speaker; (b) becomes disqualified for election in accordance with Article 70; (c) acts contrary to a prescribed code of conduct; (d) resigns from the political party which sponsored the member for election to the National Assembly; (e) is expelled from the political party which sponsored the member for election to the National Assembly; (f) ceases to be a citizen; (g) having been elected to the National Assembly, as an independent candidate, joins a political party; (h) is disqualified as a result of a decision of the Constitutional Court; or (i) dies. (3) The office of a nominated Member of Parliament becomes vacant if the member— (a) resigns by notice, in writing, to the speaker; (b) is disqualified under Article 70; (c) acts contrary to a prescribed code of conduct; (d) ceases to be a citizen; (e) dies; or (f) has the member’s nomination revoked by the President. Constitution of Zambia (Amendment) [No. 2 of 2016 27 (4) A person who causes a vacancy in the National Assembly due to the reasons specified under clause (2) (a), (b), (c), (d), (g) and (h) shall not, during the term of that Parliament— (a) be eligible to contest an election; or (b) hold public office. (5) Where a Member of Parliament is expelled as provided in clause (2) (e), the member shall not lose the seat until the expulsion is confirmed by a court, except that where the member does not challenge the expulsion in court and the period prescribed for challenge lapses, the member shall vacate the seat in the National Assembly. (6) Where a court determines that an expulsion of a member, as provided in clause (2) (e), was not justified, there shall be no by- election for that seat and the member shall opt to— (a) remain a member of the political party and retain the seat; or (b) resign from the political party and retain the seat as an independent member. (7) Where a court determines that an expulsion of a member, as provided in clause (2) (e), was justified, the member shall vacate the seat in the National Assembly. (8) Where a vacancy occurs in the National Assembly, the Speaker shall, within seven days of the occurrence of the vacancy, inform the Electoral Commission of the vacancy, in writing, and a by-election shall be held in accordance with Article 57. (9) If a political party is dissolved, a Member of Parliament shall retain the member’s seat as an independent member. 28 No. 2 of 2016] Constitution of Zambia (Amendment) Petition of 73. (1) A person may file an election petition with the High election of Member of Court to challenge the election of a Member of Parliament. Parliament (2) An election petition shall be heard within ninety days of the filing of the petition. (3) A person may appeal against the decision of the High Court to the Constitutional Court. (4) A Member of Parliament whose election is petitioned shall hold the seat in the National Assembly pending the determination of the election petition. Leader of 74. (1) The President shall appoint the Vice-President to be Government Business and the Leader of Government Business in the National Assembly. Leader of Opposition (2) The opposition political party with the largest number of seats in the National Assembly shall elect a Leader of the Opposition from amongst the Members of Parliament who are from the opposition. Proceedings of National Assembly Sittings of 75. (1) The Speaker shall, within thirty days after a general National Assembly election, by notice in the Gazette, appoint a date for the first sitting of the National Assembly for that term. (2) There shall be at least three sittings of the National Assembly in a session of Parliament which shall be held at such times and on such days as the Speaker appoints. (3) Notwithstanding clause (2), the President, or two-thirds of the Members of Parliament, may, in writing, request the Speaker to summon a sitting of the National Assembly, as prescribed. Freedom of 76. (1) A Member of Parliament has freedom of speech and speech, powers, debate in the National Assembly and that freedom shall not be privileges and ousted or questioned in a court or tribunal. immunities (2) A Member of Parliament shall have the powers, privileges and immunities, as prescribed. Constitution of Zambia (Amendment) [No. 2 of 2016 29 77. (1) Subject to this Article and Article 78, the National Procedure of National Assembly shall regulate its own procedure and make Standing Assembly Orders for the conduct of its business. (2) The proceedings of the National Assembly shall not be invalid due to— (a) a vacancy in its membership; or (b) the presence or participation of a person not entitled to be present at, or to participate in, the proceedings of the National Assembly. (3) There shall preside at a sitting of the National Assembly— (a) the Speaker; (b) in the absence of the Speaker, the First Deputy Speaker; (c) in the absence of the First Deputy Speaker, the Second Deputy Speaker; or (d) in the absence of the Second Deputy Speaker, another Member of Parliament as the members may elect for that sitting. (4) The quorum for a meeting of the National Assembly shall be one-third of the Members of Parliament. 78. (1) Except as otherwise provided in this Constitution, a Voting in National question proposed for decision in the National Assembly shall be Assembly determined by a majority of the Members of Parliament present and voting. (2) On a question proposed for decision in the National Assembly — (a) the Speaker shall have no vote; and (b) in the case of a tie, the question shall be lost.