Constitution of Zambia (Amendment)(
[No. 2 of 2016
47
(8) Where the medical board reports that the President is not
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 cease to hold office
and the Vice-President shall assume the office of President in
accordance with Article 106 (5).
(9) This Article applies to the Vice-President.
108. (1) A Member of Parliament, supported by at least onethird of the Members of Parliament, may move a motion for the
impeachment of the President alleging that the President has
committed—
(a) a violation of a provision of this Constitution or other law;
(b) a crime under international law; or
(c) gross misconduct.
(2) The motion, moved in accordance with clause (1), shall
specify the particulars of the allegation.
(3) Where a motion, moved in accordance with clause (1), 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, appoint a tribunal, in
consultation with the Judicial Service Commission, which shall
consist of a chairperson and not less than two other members from
among persons who hold, have held or qualify to hold, the office of
judge.
(5) The tribunal appointed under clause (4) shall, within thirty
days of its appointment—
Impeachment
of President