Constitution of Zambia (Amendment)
[No. 2 of 2016
37
(j) perform other functions specified by this Constitution or
as prescribed.
93. (1) A decision or instruction of the President shall be in
writing under the President’s signature.
(2) The signature of the President on an instrument shall be
under Public Seal.
94. (1) Where the performance of an executive function is
expressed by this Constitution to be subject to approval by the
National Assembly, the National Assembly shall, in the sitting next
after receipt of the request for approval, give the approval within
twenty-one days of the commencement of the sitting.
Confirmation
of
presidential
decisions
and
instructions
Approval of
appointments
and measures
by National
Assembly
(2) Where an approval is not given within the period specified
in clause (1) or the National Assembly unreasonably refuses to
give an approval as requested, the President shall refer the matter
to the Constitutional Court for hearing and the decision of the
Constitutional Court is final.
(3) Where the Constitutional Court decides that the refusal or
delay by the National Assembly was justified, the President shall
comply with the order of the Court.
(4) Where the Constitutional Court decides that the refusal or
delay by the National Assembly was unreasonable, the National
Assembly shall proceed to approve the matter.
95. (1) Where in this Constitution an appointment to an office
or the taking of a measure by the President is subject to ratification
by the National Assembly, the National Assembly shall, in the sitting
next after receipt of the request for ratification, give its ratification
within twenty-one days of the commencement of the sitting.
(2) Where ratification is not given within the period specified
in clause (1), the President shall propose another measure or appoint
another person to that office and submit that measure or appointment
for ratification by the National Assembly.
(3) Where the National Assembly refuses or delays the
ratification for the second time, the President shall propose another
measure or appoint another person to that office and shall submit
that measure or appointment for ratification by the National
Assembly.
(4) Where the National Assembly refuses or delays the
ratification of the measure or appointment for the third time, that
measure or appointment shall take effect.
Ratification
of
appointments
and
measures by
National
Assembly