31 of 1994, 6 of 1995(2) The procedure for impeachment shall be as laid down by the Standing
Orders of Parliament, provided that they are in full accord with the principles of natural justice and
that—
(a)
indictment and conviction by impeachment shall only be on the grounds of serious
violation of the Constitution or serious breach of the written laws of the Republic that either occurred or
came to light during the term of office of the President or the First Vice-President;
(b)
indictment on impeachment shall require the affirmative vote of two-thirds of the
members of the National Assembly in a committee of the whole house;
(c)
conviction on impeachment shall require the affirmative vote of two-thirds of the
members of the National Assembly;
(d)
conviction in cases of impeachment shall cause the removal, and disqualification from
such office in the future, of the office holder; and
(e)
conviction by way of impeachment shall not act as a bar to legal proceedings.
31 of 1994(3) The President shall have power to remove the Second Vice-President from office.
[Ch0000s87]87. Incapacity
31 of 1994, 6 of 1995, 13 of 2001(1) Whenever the President is incapacitated so as to be unable
to discharge the powers and duties of that office, the First Vice-President shall act as President, until
such time, in the President’s term of office, as the President is able to resume his or her functions.
(2) The President shall not be deemed to be incapacitated for the purposes of this section until
and unless—
(a)
there is a written declaration, certified by a board of independent medical practitioners,
that the President is unable to discharge the duties of the office of President;
(b)
the declaration is signed by the First Vice-President and a majority of the Cabinet,
holding office at that time; and
(c)
Assembly.
the declaration is submitted by the First Vice-President to the Speaker of the National
(3) Upon submission to the Speaker of a declaration under subsection (2), the First VicePresident shall immediately assume the powers and duties of the office of President as Acting President.
(4) Where the President has been declared to be incapacitated in accordance with subsection
(2) the President may, at any time thereafter, submit to the National Assembly a written declaration,
certified by a board of independent medical practitioners, stating his or her fitness to carry on the duties
of the office of President: