Constitution of Zambia (Amendment)
[No. 2 of 2016
106. (1) The term of office for a President is five years which
shall run concurrently with the term of Parliament, except that the
term of office of President shall expire when the President-elect
assumes office in accordance with Article 105.
(2) A President shall hold office from the date the Presidentelect is sworn into office and ending on the date the next Presidentelect is sworn into office.
(3) A person who has twice held office as President is not
eligible for election as President.
(4) The office of President becomes vacant if the President—
(a) dies;
(b) resigns by notice in writing to the Speaker of the National
Assembly; or
(c) otherwise ceases to hold office under Article 81,107 or
108.
(5) When a vacancy occurs in the office of President, except
under Article 81—
(a) the Vice-President shall immediately assume the office
of President; or
(b) if the Vice-President is unable for a reason to assume the
office of President, the Speaker shall perform the
executive functions, except the power to—
(i) make an appointment; or
(ii) dissolve the National Assembly;
and a presidential election shall be held within sixty days
after the occurrence of the vacancy.
(6) If the Vice-President assumes the office of President, in
accordance with clause (5)(a), or a person is elected to the office
of President as a result of an election held in accordance with
clause 5(b), the Vice-President or the President-elect shall serve
for the unexpired term of office and be deemed, for the purposes
of clause (3)—
(a) to have served a full term as President if, at the date on
which the President assumed office, at least three years
remain before the date of the next general election; or
(b) not to have served a term of office as President if, at the
date on which the President assumed office, less than
three years remain before the date of the next general
election.
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Tenure of
office of
President
and vacancy