46
No. 2 of 2016]
Removal of
President on
grounds of
incapacity
Constitution of Zambia (Amendment)
107. (1) A Member of Parliament, supported by at least onethird of the Members of Parliament, may move a motion for the
investigation of the physical or mental capacity of the President to
perform executive functions.
(2) The motion moved in accordance with clause (1) shall
specify the particulars of the allegation.
(3) Where the motion is supported in the National Assembly
by a resolution of two-thirds of the Members of Parliament—
(a) the Speaker shall, within forty-eight hours of the adoption
of the resolution, inform the Chief Justice of the
resolution; and
(b) the Chief Justice shall immediately inform the President
of the resolution, whereupon the President shall cease
to perform the executive functions and the VicePresident shall perform the executive functions, except
the power to—
(i) make an appointment; or
(ii) dissolve the National Assembly.
(4) The Chief Justice shall, within seven days of being informed
of the resolution of the National Assembly, constitute a medical
board, in consultation with the body responsible for regulating health
practitioners, to inquire into the physical or mental capacity of the
President.
(5) A medical board shall consist of not less than three persons
selected from among persons who are registered as health
practitioners.
(6) A medical board, constituted under clause (5), shall examine
the President and report to the Chief Justice, within fourteen days
of the constitution of the medical board, whether or not the President
is capable of performing the executive functions.
(7) Where the medical board reports that the President is
capable of performing the executive functions, the Chief Justice
shall, within forty-eight hours of the receipt of the medical report,
cause a copy of the report to be presented to the National Assembly
which shall resolve that the President should resume performing
the executive functions.