Constitution of Zambia (Amendment)
[No. 2 of 2016
(5) Where there is prima facie evidence that a person who
held the office of President or who performed executive functions
committed an offence whilst in office or during the period that
person performed executive functions, the President shall submit a
report, outlining the grounds relating to the offence allegedly
committed, to the National Assembly, requesting the National
Assembly to remove the immunity from criminal proceedings of
that person.
(6) Where the National Assembly receives a report, submitted
in accordance with clause (5), the National Assembly shall constitute
a select committee to scrutinise the grounds submitted and determine
whether or not there is a prima facie case, based on the grounds
submitted, that warrants the removal of the immunity from criminal
proceedings, and recommend its decision to the National Assembly.
(7) The person who held the office of President or who performed
executive functions has the right to appear, be represented and be
heard before the select committee constituted under clause (6).
(8) Where the select committee, constituted under clause (6),
recommends the removal of immunity from criminal proceedings
from the person who held the office of President or who performed
executive functions, the National Assembly may remove the
immunity in respect of the alleged offence, by a resolution supported
by a vote of not less than two-thirds of the Members of Parliament.
(9) Where immunity is removed, in accordance with clause (8),
the person who held the office of President or who performed
executive functions, shall be charged with the offence for which
the immunity from criminal proceedings was removed.
(10) Where a court acquits the person who held the office of
President or who performed executive functions, of an offence for
which that person’s immunity from criminal proceedings was
removed, the immunity of that person shall, for all purposes, be
deemed not to have been removed, without further proceedings.
(11) The process for the removal of immunity, provided for
under this Article, shall not apply to an impeachable offence under
Article108.
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