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LEGISLATURE
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VESTING OF THE LEGISLATIVE POWER.
This provision is meant to reflect
the leading role played by the National Assembly in the law
making process. Under existing arrangements parliament comprises
the national assembly and the president.
This is noted.
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DESCRIPTION OF THE LEGISLATURE
The commission recommends that
‘National Assembly’ be the nomenclature for the Zambian
Legislature.
This is not accepted. The status
quo should remain because the commission has not advanced any
good reason for the change. Moreover, the law making process
involves both the National Assembly and the President.
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TYPE OF LEGISLATURE
The commission therefore
recommends that The Constitution should continue with a
unicameral legislature and should not contain provisions similar
to those in Article 74 of the present constitution.
This is accepted.
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COMPOSITION OF AND ELECTION TO THE
NATIONAL ASSEMBLY
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METHODS OF ELECTION
The commission recommends that
the first-past-the-post system should be retained.
This is accepted.
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ENLARGEMENT OF THE NATIONAL
ASSEMBLY
The commission recommended that
the national assembly should still comprise one hundred and
fifty elected members in addition to the speaker and the deputy
speaker. However, the national assembly may on the
recommendations of the Delimitation Commission, at any time
increase the number of constituencies.
This is not accepted because the
provisions of Article 63(1) of the present constitution are
adequate.
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QUALIFICATION FOR THE OFFICE OF
MEMBER OF THE NATIONAL ASSEMBLY
The commission recommends that to
qualify for election to the National Assembly a person should:
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Be a Zambian citizen;
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Be 21 years old; and
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Be conversant with the official
language.
This is accepted but (b) should read
’21 years of age and above.’
The Constitution guarantees to every
one both the right of residence anywhere in Zambia and the right to
be elected to any position. Consequently, the issue of the
requirement of residence in respect to a candidate is best left to
the judgement of the voters themselves.
This is noted.
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ELIGIBILITY OF CHIEFS FOR NATIONAL
ASSEMBLY ELECTIONS.
The commission recommends that
chiefs should be free to contest elections to the national
assembly. However, those chiefs who choose to contest elections
should resign from the office of chief.
yThis is accepted and should read
‘such chiefs should abdicate their chieftaincy before lodging
their nomination.’
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ELIGIBILITY OF CIVIL SERVANTS TO
CONTEST NATIONAL ASSEMBLY ELECTIONS
The commission recommends that
civil servants should not be allowed to contest elections to the
national assembly prior to their resignation or retirement from
the civil service.
This is not accepted because it is already
provided for under Article 65 (5)(c) of the present constitution
and is already the practice.#p
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DISQUALIFICATIONS
The commission recommends that no person should
qualify for election as a member of the National Assembly:
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Who is under a declaration of allegiance to
some country other than Zambia;
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Who is declared to be of sound mind;
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Who is under sentence of death or a sentence
of imprisonment by court;
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Who is undischarged bankrupt.
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Who within a period of five years before
his/her nomination for election has served a sentence of not less
than twelve months imprisonment for an offence, which there is no
option for a fine.
This is accepted but it should read as follows:
" who within a period of five years before his/her nomination for
election has served a sentence for a felony or any offence involving
dishonesty."
The commission recommends that apart from the
changes in those conditions, which made a person eligible to qualify
for election as member of the National Assembly, the assumption to
an executive office becomes an automatic disqualification to
membership of the National Assembly. This is in keeping with the new
doctrine of the separation of powers between the legislature and the
executive.
This is not accepted. Ministers should continue
to be appointed from inside parliament.
Similarly, the speaker, deputy speaker of
member of the national assembly would cease to be members of the
national assembly upon being appointed to the office of minister or
elected to the office of president or vice president.
This is not accepted.
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