Good-morning Zambia, we continue giving you parts of the constitution as provided in the final draft constitution, we are now on Part Eight that deals with the proposed law making board in Zambia (Legislature), the articles provide: LEGISLATURE Legislative Authority 117. The legislative authority of the Republic derives from the people of Zambia and shall be exercised in a manner that protects this Constitution and promotes the democratic governance of the Republic. 118. (1) There is established the Parliament of Zambia which consists of the President and the National Assembly. (2) Subject to Article 182, the legislative authority of the Republic is vested in and exercised by Parliament. (3) A person or body, other than Parliament, shall not have power to enact legislation, except as conferred by this Constitution. (4) A member of the National Assembly shall be referred to as a Member of Parliament. 119. (1) Parliament shall enact legislation through Bills passed by the National Assembly and assented to by the President. (2) The National Assembly shall oversee the performance of executive functions by – (a) ensuring equity in the distribution of national resources amongst the people of Zambia; (b) appropriating funds for expenditure by State organs, provincial assemblies, State institutions, provincial administration, local authorities and other bodies; (c) scrutinising public expenditure, including defence, constitutional and special expenditure; (d) approving public debt before it is contracted; and (e) approving international agreements and treaties before these are acceded to or ratified. 120. (1) A Member of Parliament or Minister may introduce a Bill in the National Assembly. (2) The expenses of drafting and introducing a Bill in the National Assembly shall be a charge on the Consolidated Fund. 121. (1) A Money Bill shall be introduced by a Minister. (2) A Money Bill includes a Bill that provides for – (a) the imposition, repeal, remission, alteration or regulation of taxes; (b) the imposition of charges on the Consolidated Fund or any other public fund, or the variation or repeal of any of those charges; (c) the appropriation, receipt, custody, investment, issue or audit of accounts of public monies; (d) the grant of money to a person or authority or the variation or revocation of the grant of public money; (e) the raising or guaranteeing of a loan or the repayment of it; or (f) matters incidental to matters specified in this clause. (3) A Bill that confers emoluments on State officers or Constitutional office holders shall only be introduced in the National Assembly if the emoluments are recommended by the Emoluments Commission. 122. (1) Parliament shall not enact legislation that – (a) criminalises an act or omission which, at the time it took place, was not an offence; or (b) imposes a penalty which is more severe than the penalty that might have been imposed at the time the offence was committed. (2) Parliament may enact legislation with retrospective effect but shall not enact legislation which operates retrospectively to impose a limitation, burden, liability or an obligation on, or adversely affect, the rights and freedoms of a person. 123. (1) Where a Bill is presented to the President for assent, the President shall, within twenty-one days after receipt of the Bill – (a) assent to the Bill; or (b) refer the Bill to the National Assembly for re-consideration, indicating any reservation that the President has concerning the Bill. (2) Where the President refers the Bill to the National Assembly for re-consideration, in accordance with clause (1) (b), the National Assembly may – (a) amend the Bill taking into account the President’s reservation; or (b) pass the Bill, without amendment, by a vote supported by at least two-thirds of the Members of Parliament. (3) Where the National Assembly passes the Bill with amendments, in accordance with clause (2) (a), the Speaker shall submit the Bill to the President for assent. (4) Where the National Assembly passes the Bill, in accordance with clause (2) (b) – (a) the Speaker shall, within seven days, re-submit the Bill to the President; and (b) the President shall, within seven days of receipt of the Bill, assent to the Bill. (5) Where the National Assembly fails to pass the Bill, in accordance with clause (2) (b), the Bill shall not be presented to the National Assembly in that session. (6) Where the President refuses or fails to assent to a Bill, within the periods prescribed in clauses (1) and (4), the Bill shall be considered assented to upon the expiry of those periods. 124. A Bill passed by the National Assembly and assented to by the President shall – (a) be published in the Gazette within seven days of assent; and (b) come into force on the day of its publication in the Gazette, unless the Act otherwise provides. 125. (1) Legislation enacted by Parliament shall be styled “Acts of Parliament” and the words of enactment shall be “Enacted by the Parliament of Zambia”. (2) The categories of legislation shall be prescribed. 126. (1) Article 118 or 119 shall not prevent Parliament from conferring on a person or authority power to make statutory instruments. (2) A statutory instrument shall be published in the Gazette – (a) not later than twenty-eight days after it is made; or (b) in the case of a statutory instrument which will not have the force of law unless it is approved by a person or an authority, other than a person or an authority by which it was made, not later than twenty-eight days after it is so approved; and if the statutory instrument is not so published, it is void from the date on which it was made. (3) A person may challenge a statutory instrument, for its constitutionality, within fourteen days of the publication of the statutory instrument in the Gazette. (4) Where the Constitutional Court considers that a challenge of a statutory instrument is frivolous or vexatious, the Constitutional Court shall dismiss the action. (5) Where the Constitutional Court decides that a provision of a statutory instrument is inconsistent with a provision of this Constitution, that statutory instrument is void from the date on which it was made. (6) A Member of Parliament who intends to challenge a statutory instrument, on its constitutionality, shall follow the procedure laid down in the Standing Orders of the National Assembly.
Posted on: Wed, 26 Nov 2014 06:28:32 +0000
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