48
No. 2 of 2016]
Constitution of Zambia (Amendment)
(a) investigate the matter relating to the impeachment of the
President; and
(b) report to the Chief Justice as to whether or not the
particulars of the allegations specified in the motion have
been substantiated.
(6) The President has the right to appear and be represented
before the tribunal during its investigation.
(7) The Chief Justice shall, on receipt of the report referred to
in clause (5) (b), immediately submit the report to the National
Assembly.
(8) Where the tribunal reports that the particulars of an
allegation against the President—
(a) is not substantiated, the National Assembly shall, on a
motion supported by the votes of not less than two-thirds
of the Members of Parliament, taken by secret ballot,
resolve that—
(i) the President did not commit the violations
specified in the motion; and
(ii) further proceedings shall not be taken with respect
to the allegation; or
(b) is substantiated, the National Assembly shall, on a motion
supported by the votes of not less than two-thirds of the
Members of Parliament, taken by secret ballot, resolve
that the President has committed the violations specified
in the motion and that the President should cease to
hold office forthwith.
(9) The President shall, on the passing of a resolution in
accordance with—
(a) clause (7) (a), resume to perform the executive functions;
or
(b) clause (7) (b), cease to hold office and be amenable to
prosecution without the need to lift the immunity under
Article 98.
(10) Where a motion is moved in accordance with clause (1),
the President shall not dissolve Parliament.
(11)
This Article applies to the Vice-President.