44
No. 2 of 2016]
Constitution of Zambia (Amendment)
(a) the seventh day after the date of the declaration of the
presidential election results, if no petition has been filed
in accordance with Article 103; or
(b) the seventh day after the date on which the Constitutional
Court declares the election to be valid.
(3) Subject to clause (4), where the President-elect dies, resigns
or is for a reason unable to assume office, the Vice-Presidentelect shall be sworn into, and assume the office of President, in
accordance with clause (1).
(4) Subject to clause (5), where the inability of the Presidentelect to assume office is as a result of an event or circumstance
beyond the control of the President-elect, the Vice-President-elect
shall not be sworn into office.
(5) A political party whose presidential candidate was declared
President-elect or another person shall, within three days from the
date on which the President-elect should have been sworn into
office, petition the Constitutional Court to determine whether or
not the inability of the President-elect to assume office is permanent.
(6) Where the Constitutional Court decides that the inability of
the President-elect to assume office is permanent, the VicePresident-elect shall be sworn into office as President and assume
office in accordance with clause (1).
(7) The Vice-President-elect who assumes office as President,
in accordance with clause (3) or (6), shall appoint a person as
Vice-President, subject to approval by the National Assembly,
signified by a vote of not less than two-thirds of the Members of
Parliament.
(8) Where the Vice-President elect who is supposed to assume
the office of President as specified in clause (3) or (6) dies, resigns
or is for another reason unable to assume the office of President—
(a) the Speaker shall perform the executive functions; and
(b) a presidential election shall be held within sixty days of
the occurrence of the vacancy.
(9) The Speaker shall, perform the executive functions assumed
in accordance with clause (8) except the power to make an
appointment or dissolve the National Assembly.
(10) The Speaker shall, when the President-elect assumes
office, complete the procedural and administrative handing over
process within thirty days.