Constitution Parts 1. 2. 4. 6. 7. 8. 9. 10. 11. 12. 13. 14.

PART IV: THE EXECUTIVE

33. (1) There shall be a President of the Republic of Zambia The office of who shall be the Head of State and of the Government and the President Commander-in-Chief of the Defence Force.
(2) The executive power of the Republic of Zambia shall vest in the President and, subject to the other provisions of this Constitution, shall be exercised by him either directly or through officers subordinate to him.

34. (1) The election of the President shall be direct by universal adult suffrage and by secret ballot and shall be conducted in accordance with this Article and as may be prescribed by or under an Act of Parliament.
(2) An election to the office of President shall be held whenever the National Assembly is dissolved and otherwise as provided by Article 38.
(3) A person shall be qualified to be a candidate for election as President if-
(a) he is a Zambian citizen;
(b) both his parents are Zambian by birth or descent;
(c) he has attained the age of thirty-five years;
(d) he is a member of, or is sponsored by, a political party;
(e) he is qualified to be elected as a member of the National
Assembly; and
(f) has been domiciled in Zambia for a period of at least
twenty years.
(4) A candidate for election as President (hereinafter referred to as a Presidential candidate) shall deliver his nomination papers to the Returning Officer in such manner, on such day, at such time and at such place as may be prescribed by or under an Act of Parliament.
(5) A Presidential candidate shall not be entitled to take part in an election unless-
(a) he has paid such election fee as may be prescribed by or under an Act of Parliament on or before the date fixed by the Electoral Commission in that behalf;
b) he makes a statutory declaration, of his assets and liabilities, which shall be open to public inspection at such time and at such place as may be prescribed by or under an Act of Parliament; and
(c) his nomination is supported by not less than 200 registered voter
(6) At an election to the office of President-
(a) all persons registered in Zambia as voters for the purposes
of elections to the National Assembly shall be entitled to vote in the election;
(b) the poll shall be taken by a secret ballot on such day, at such time, in such places and in such a manner as may be prescribed by or under an Act of Parliament;
(c) after the expiration of the time fixed for polling, the votes cast shall be counted and the Returning Officer shall declare the result.
(7) Where there is only one qualified Presidential candidate nominated for election, that candidate shall be declared as elected without an election taking place.
(8) The Returning Officer shall declare the candidate who receives the highest number of the total votes cast to have been duly elected as President.
(9) A person elected as President under this Article shall be sworn in and assume office immediately but not later than twenty- four hours from the time of declaring the election.
(10) The person who has held office of President shall immediately hand over the office of President to the person elected as President and shall complete the procedural and administrative handing over process within fourteen days from the date the person elected as President is sworn in.
(11) The person who has held office as President shall not. within the period referred to in clause (10), perform any functions of the office of President under this Constitution or any other law.

35. (1) Subject to clauses(2) and (4) every President shall hold office for a period of five years.
(2) Notwithstanding anything to the contrary contained in this Constitution or any other Law no person who has twice been elected as President shall be eligible for re-election to that office.
(3) The President may, at any time by writing under his hand addressed to the Speaker of the National Assembly, resign has office.
(4) A person assuming the office of the President in accordance with this Constitution shall, unless-
(a) he resigns his office;
(b) he ceases to hold office by virtue or Article 36 or 37; or 
(c) the National Assembly is dissolved;
continue in office until the person elected at the next election to the office of President assumes office.

Tenure of office of President

36. (1) If it is resolved by a majority of all the members of the Cabinet that the question of the physical or mental capacity of the President to discharge the functions of his office ought to be investigated, and they so inform the Chief Justice, then the Chief Justice shall appoint a board consisting of not less than three persons selected by him from among persons who are qualified as medical practitioners under the law of Zambia or under the law of any other country in the Commonwealth, and the board shall inquire into the matter and report to the Chief Justice on whether or not the President is, by reason of any infirmity of body or mind, incapable of discharging the functions of his office.
(2) If the board reports that the President is incapable of discharging the functions of his office, the Chief Justice shall certify in writing accordingly and shall table such certificate, with the report of the board before the National Assembly who shall on a motion, passed by a two thirds majority-
(a) ratify the decision of the board. and thereupon the President shall cease to hold office; or
(b) reject the decision of the board and cause a further inquiry into whether or not the President is incapable of discharging the functions of his office and shall thereafter decide on such question by a two-thirds majority vole, which decision shall be final.
(3) Where the Cabinet resolves that the question of the physical and mental capacity of the President to discharge the functions of his office should be investigated, the President shall, until another person assumes the office of President or the Board appointed under clause ( 1) reports that the President is not incapable of discharging the functions of his office, whichever is the earlier, cease to perform the functions of his office and those junctions shall be performed by-
(a) the Vice-President; or
(b) in the absence of the Vice-President or if the Vice-President is unable, by reason of phy3icai or mental infirmity, to discharge the functions of his office, by such members of the Cabinet as the Cabinet shall elect:
Provided that any person performing the functions of the office of President under this clause shall not dissolve the National Assembly nor, except on the advice of the Cabinet, revoke any appointment made by the President.
(4) A motion for the purposes of clause (1) may be proposed at any meeting of the Cabinet.

Removal of President on grounds of incapacity

37. (1) If notice in writing is given to the Speaker of the National Assembly signed by not less than one-third of all the members of the National Assembly of a motion alleging that the President has committed any violation of the Constitution or any gross misconduct and specifying the particulars of the allegations and proposing that a tribunal be established under this Article to investigate those allegations, the Speaker shall-
(a) if Parliament is then sitting or has been summoned to meet within five days, cause the motion to be considered by the National Assembly within seven days of the notice;
(b) if Parliament is not then sitting (and notwithstanding that it maybe prorogued) summon the National Assembly to meet within twenty-one days of the notice and cause the motion to be considered at that meeting.
(2) Where a motion under this Article is proposed for consideration by the National Assembly, the National Assembly shall debate the motion and if the motion is supported by the votes of not less than two thirds of all the members of the National Assembly, the motion shall be passed.
(3) If the motion is declared to be passed under clause (2}-
(a) the Chief Justice shall appoint .i tribunal which shall consist of a Olaim1an and not less than two other members selected by the Chief Justice from among persons who hold or have held high judicial office;
(b) the tribunal shall investigate the matter and shall report to the National Assembly whether it finds the particulars of the allegations specified in the motion to have been substantiated; and
(c) the President shall have the right to appear and be represented before the tribunal during its investigation of the allegations against him .
(4) If the tribunal reports to the National Assembly that the
tribunal finds that the particulars of any allegation against the President specified in the motion have not been substantiated no further proceedings shall be taken under this Article in respect of that allegation.
(5) If the tribunal reports to the National Assembly that the
tribunal finds that the particulars of any allegation specified in a motion have been substantiated, the National Assembly may, on a motion supported by the votes of not less than three quarters of all
members of the National Assembly, resolve that the President has been guilty of such violation of the Constitution or, as the case may be, such gross misconduct as is incompatible with his continuance in office as President and, if the National Assembly so resolves, the President shall cease to hold office on the third day following the passage of the resolution.
(6) No proceedings shall be taken or continued under this Article at any time when Parliament is dissolved.

Impeachment of President for violation of Constitution

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