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.
Vacancy in office
38. (1) If the office of the President becomes vacant by reason of his
death or resignation or by reason of his ceasing to hold office by virtue of President
of Article 36, 37 or 88, an election to the office of the President shall be
held in accordance with Article 34 within ninety days from the date of
the office becoming vacant.
(2) Whenever the office of the President becomes vacant, the
Vice-President or, in the absence of the Vice-President or if the Vice
President is unable, by reason of physical or mental infirmity, to
discharge the functions of his office, a member of the Cabinet elected by
the Cabinet shall perform the functions of the office of the President
until a person elected as President in accordance with Article 34
assumes office.
(3) The Vice-President or, the member of the Cabinet as the case may
be, performing the functions of the office of President under clause (2)
shall not dissolve the National Assembly nor, except on the advice of the
Cabinet, revoke any appointment made by the President.
39. (1) Whenever the President is absent from Zambia or considers it
desirable so to do by reason of illness or for any other cause, he may by
direction in writing, authorise the Vice-President, or where the
Vice-President is absent from Zambia or is incapable of discharging the
functions of the office of President, any other person, to discharge such
functions of the office of President as he may specify, and the
Vice-President or such other person may discharge those functions until
his authority is revoked by the President.
(2) If the President is incapable by reason of physical or mental
infirmity of discharging the functions of his office and the infirmity is of
such a nature that the President is unable to authorise another person
under this Article to perform those functions(a)
the Vice-President; or
(b)
during any period when the Vice-President is absent from
Discharge of
functions of
President during
absence, illness
etc.