Zambia or is himself, by reason of physical or mental infirmity,
unable to perform the functions of his office, such member of the
Cabinet as the Cabinet shall elect;
shall perform the functions of the office of the President:
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.
(3) Any person performing the functions of the office of President by
virtue of clause (2) shall cease to perform those functions if he is
notified by the Speaker that the President is about to resume those
functions or if another person is elected as, and assumes the office of,
President.
(4) For the purpose of clause (2), a certificate of the Chief Justice that(a)
the President is incapable by reason of physical or mental
infirmity of discharging the functions of his office and that the
infirmity is of such a nature that the President is unable to
authorise another person under this Article to perform those
functions; or
(b)
the Vice-President is by reason of physical or mental infirmity
unable to discharge the functions of his office;
shall be of no effect until such certificate is ratified by the
National Assembly:
Provided that any such certificate as is referred to in paragraph (a) shall
cease to have effect if the Speaker notifies any person under clause (3)
that the President is about to resume the functions of the office of the
President or if another person is elected as, and assumes the office of,
President.
40. A person assuming the office of President shall, before entering the Oaths of President
office, take and subscribe to such oaths as may be prescribed by or under
an Act of Parliament.
41. (1) The Chief Justice shall be the Returning Officer for the purpose Returning Officer;
questions relating
of elections to the office of President.
to elections
(2) Any question which may arise as to whether-