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ZAMBIA
National Assembly

This page contains the full text of the PARLINE database entry on the selected parliamentary chamber, with the exception of Oversight and Specialized bodies modules which, because of their excessive length, can be only viewed and printed separately.

Modules:
GENERAL INFORMATION ABOUT THE PARLIAMENTARY CHAMBER

Parliament name National Assembly
More photos  >>>
Structure of parliament Unicameral
Affiliation to the IPU Yes
Affiliation date(s) 1977 -
LEADERSHIP
President Patrick Matibini (M) 
Notes Elected on 6 Oct. 2011, re-elected on 23 Sep. 2016.
Secretary General Cecilia Nsenduluka Mbewe (F) 
Notes Sworn in on 25 Oct. 2017.
COMPOSITION
Members (statutory / current number) 167 / 167
PERCENTAGE OF WOMEN


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Women (current number) 30 (17.96%)
Mode of designation directly elected 156
appointed 8
other 3
Notes Appointed members: The President may appoint up to eight members where she or he considers it necessary to enhance the representation of special interests, skills or gender in the National Assembly.

Other: The Vice-President, the Speaker and the First Deputy Speaker.
- The Speaker and the First Deputy Speaker are elected from persons who are qualified to be elected as members of parliament but are not members of parliament. They become members by virtue of holding their post.
- The Second Deputy Speaker is elected from among the members of parliament.
- The two Deputy Speakers cannot be members of the same political party or the same gender.
Term 5 years
Last renewal dates 11 August 2016
(View details)
CONTACT INFORMATION
Address National Assembly
Parliament Buildings
P.O. Box 31299 - LUSAKA 101 01
(Export mailing lists)
Phone (260 211) 29 24 25 - 36
Fax (260 211) 29 22 52
E-mail clerk@parliament.gov.zm
info@parliament.gov.zm
Website
http://www.parliament.gov.zm

ELECTORAL SYSTEM

Parliament name National Assembly
Structure of parliament Unicameral
LEGAL FRAMEWORK
Electoral law 15 December 2004
Last amendment: 5 January 2016 (Act No. 2 of 2016)
Mode of designation directly elected 156
appointed 8
other 3
Constituencies 156 single-member constituencies (equal to the number of seats of elected members in the National Assembly).
Voting system Majority: First Past The Post (FPTP)
There are no reserved seats or quotas for women, ethnic minorities or other categories.
Vacancies arising between general elections are filled through by-elections held within 90 days of the occurrence of the vacancy. However, by-elections are not held within the 180-day period that precedes a general election.
Voting is not compulsory.
Voter requirements - Age: 18 years
- Zambian citizenship (including naturalized citizens)
- Residence in the country at the time of the election
- Disqualifications: allegiance to a foreign State, insanity, sentence of death or imprisonment, conviction of a corrupt or illegal practice within five years preceding the elections, persons found guilty of such practice upon the trial of an election petition, lawful custody, persons who are not in possession of a national registration card.
CANDIDATES
Eligibility - Qualified voters
- Age: 21 years
- Zambian citizenship (including naturalized citizens)
- Persons who have completed a grade twelve certificate or its equivalent as a minimum academic qualification
- Persons who have declared their assets
- Citizens living abroad, who are not civil servants
- Residence in the country at the time of the election
- Ineligibilities: insanity, undischarged bankrupts, allegiance to a foreign State, sentence of death or imprisonment, restriction in movement or detention pursuant to certain laws.
For appointed members: A person who was a candidate for election in the last preceding general election or a subsequent by-election is not eligible to be appointed as a Member of Parliament
Incompatibilities - Presidential candidates
- Holders of public posts
- Holders of judicial offices (judges)
- Civil servants
- Executives of the Electoral Commission
- Members of the Electoral Commission
- Members of the armed forces
- Members of the police forces
The incompatibilities above are valid during the term of office.
Candidacy requirements - Nomination by at least 15 registered voters of the constituency concerned
- Nomination must be accompanied by fee of 100,000 kwacha (approximately US$ 1,000), to be paid either by a political party or individual candidates. The nomination fee is not reimbursed.

LAST ELECTIONS

Parliament name National Assembly
Structure of parliament Unicameral
BACKGROUND
Dates of election / renewal (from/to) 11 August 2016
Timing and scope of renewal The Patriotic Front (PF), led by President Edgar Lungu, won the majority of the 156 directly elected seats in the enlarged 167-member National Assembly (see note 1). The United Party for National Development (UPND) of Mr. Hakainde Hichelema doubled its share to 58 seats and became the second largest party. The Movement for Multi-party Democracy (MMD, which held power for 20 years until 2011, see note 2), took only three seats. During the election campaign, the major parties focused on the economy, youth unemployment, poverty, education and healthcare.

The parliamentary elections were held in parallel with presidential polls. Mr. Lungu was first elected President in January 2015, narrowly defeating Mr. Hichelema, to complete the remaining term of the former president, Michael Sata, who had passed away. In 2016, Mr. Lungu was re-elected in the first round with 50.3% of valid votes, ahead of Mr. Hichelema with 47.6%. On 19 August, Mr. Hichilema filed a court case challenging the presidential election results. He argued the President did not win 50% of the total votes and the voter register was not credible.

In parallel with the elections, a referendum on constitutional amendments to enhance the bill of rights was rejected due to low turnout (see note 3).

Note 1:
In accordance with the 2016 constitutional amendments , the statutory number of members of the National Assembly increased from 158 (150 directly elected and 8 appointed) to 167 (156 directly elected, 8 appointed by the President, plus the Vice-President, the Speaker and the First Deputy Speaker). Although Article 45 (d) provides that the electoral system shall ensure gender equality in the National Assembly, there is no quota system or reserved seats for women.

Note 2:
The MMD won 55 seats and became the second largest party in 2001. It experienced an internal split prior to the 2015 presidential by-election after two MMD members announced their candidacy: MMD leader Nevers Selwila Mumba and former President Rupiah Banda.

Note 3:
For the referendum to be validated, it required 50% of eligible voters to cast their vote (about 3,750,000 people), and 50% of votes cast to be in favour of the proposed changes (around 1,875,000 people). However, the referendum received "yes" votes from only 1,853,559 people.
Date of previous elections: 20 September 2011

Date of dissolution of the outgoing legislature: 11 May 2016

Timing of election: Early elections*
*The January 2016 constitutional amendments (Act No. 2 of 2016) stipulate a general election be held "every five years after the last general election, on the second Thursday of August", instead of "the last Wednesday of September". The 2016 elections were thus held in August, instead of September.

Expected date of next elections: 12 August 2021*
*The second Thursday of August.

Number of seats at stake: 158 (full renewal)

Number of candidates: 651 (545 men, 106 women)

Percentage of women candidates: 16.3%

Number of parties contesting the election: Not available.

Number of parties winning seats: 4

Alternation of power: No

Number of parties in government: 2

Names of parties in government: Patriotic Front (PF), Movement for Multiparty Democracy (MMD)

Date of the first session of the new parliament: 23 September 2016

Name of the new Speaker: Mr. Patrick Matibini
STATISTICS
Voter turnout
Round no 111 August 2016
Number of registered electors
Voters
Blank or invalid ballot papers
Valid votes
6'698'372
3'752'879 (56.03%)

Notes
Distribution of votes
Round no 1
Political group Candidates Votes % of votes
Patriotic Front (PF)
United Party for National Development (UPND)
Independents
Movement for Multiparty Democracy (MMD)
Forum for Democracy and Development (FDD)
Distribution of seats
Round no 1
Political Group Total of seats
Patriotic Front (PF) 80
United Party for National Development (UPND) 58
Independents 14
Movement for Multiparty Democracy (MMD) 3
Forum for Democracy and Development (FDD) 1
Distribution of seats according to sex
Men

Women

Percent of women
137

30

17.96%
Distribution of seats according to age
Distribution of seats according to profession
Comments
Sources:
National Assembly (25.08.2016, 26.08.2016, 06.09.2016, 28.09.2016, 09.03.2017)
http://www.parliament.gov.zm/sites/default/files/documents/general/National%20Assembly%20Composition.pdf
http://www.ifes.org/sites/default/files/2016_ifes_zambia_national_general_elections_faqs.pdf
http://www.elections.org.zm/
https://www.elections.org.zm/results/2016_national_assembly_elections
https://www.lusakatimes.com/
https://www.daily-mail.co.zm/

Note on the number of women:
As at 28 September 2016, there were a total of 30 women out of 167 members as follows.
- 26 women directly elected (out of 156 members)
- The Vice President;
- 2 appointed members (out of eight members);
- The First Deputy Speaker.

PRESIDENCY OF THE PARLIAMENTARY CHAMBER

Parliament name National Assembly
Structure of parliament Unicameral
APPOINTMENT AND TERM OF OFFICE
Title Speaker of the National Assembly
Term - duration: 5 years (term of House)
- reasons for interruption of the term: removal by resolution of the Assembly supported by the two third of all the Members, resignation, death, dissolution of the Parliament
Appointment - elected by all Members of the Assembly
- election held at the beginning of new Assembly or whenever the office falls vacant
- after Member's mandates are validated and before Members are sworn in
Eligibility - any person qualified to be elected as Member of the Assembly but who is not Member of the Assembly can be candidate
Voting system - formal vote by consensus
- generally only one candidate elected by overwhelming majority
- a Member addressing himself to the Clerk proposes to the House the name of a candidate.This proposal is seconded and the House indicates by the cry of "hear, hear" that the motion is passed without question put. However if more than one person is proposed and seconded the question is put, naming the person to take the chair until a name is agreed on
Procedures / results - the Clerk of the Assembly presides over the Assembly during the voting
- the Clerk of the Assembly supervises the voting
- the results cannot be challenged
STATUS
Status - ranks third in the hierarchy of State
- represents the Assembly with the public authorities
- represents the Assembly in international bodies (Commonwealth Parliamentary Association, Inter-Parliamentary Union meetings)
- is ex officio president of other bodies
- in the absence of the Speaker, the Deputy Speaker can assume his/her role and functions
Board
Material facilities - salary of K 1,911,180 per annum
+ allowance K 3,925,592 per annum
- official residence
- official car
- domestic staff
- body guards
- staff employed by the National Assembly
FUNCTIONS
Organization of parliamentary business - modifies the agenda according to the Procedure of the House
- organizes the debates and sets speaking time
- examines the admissibility of bills and amendments
- refers texts to a committee for study
- is entitled to appoint committees and their presiding officers
Chairing of public sittings - can open, adjourn and close sittings
- ensures respect for provisions of the Constitution and Standing Orders
- makes announcements concerning the Assembly, with a Minister
- takes disciplinary measures in the event of disturbance, and lifts such measures
- establishes the list of speakers, gives and withdraws permission to speak
- calls for a vote, decides how it is to be carried out, verifies the voting procedure and cancels a vote in the event of irregularities
- checks the quorum
- authenticates the adopted texts and the records of debates
- interprets the rules or other regulations governing the life of the Assembly. Interpretations based on precedents and Rules of Procedure
- has discretionary power to give the floor outside the agenda and thus organizes impromptu debates
Special powers - approves the proposal of the Assembly's budget
- gives the authorization to recruit, assign and promote staff
- regulates the debate over a proposal for the appointment of the Clerk
- organizes the services of Parliament
- plays a specific role in the conduct of foreign affairs or defence matters
- is responsible for relations with foreign Parliaments
- is responsible for safety, and in this capacity, can call the police in the event of disturbance in the Chamber
Speaking and voting rights, other functions - takes part in voting only if the votes are equally divided
- intervenes in the parliamentary oversight procedure
- regulates debates on bills
- may ensure the constitutionality of laws

PARLIAMENTARY MANDATE

Parliament name National Assembly
Structure of parliament Unicameral
NATURE
Nature of the mandate · Free representation
Start of the mandate · When the results are declared or, for appointed Members, at the moment of their appointment
Validation of mandates · Validation by the High Court only in case of challenge (election petition or other petition; Art. 72 (1) of the Constitution of 30.08.1991, as amended on 28.05.1996)
· Procedure (Art. 72 of the Constitution, S. 19 to 32 of the Electoral Act)
End of the mandate · On the day when the legal term of the House ends - or on the day of early dissolution (Art. 71 (1) of the Constitution; for dissolution or early dissolution, see Art. 88 (6) of the Constitution; for recall of Parliament, see Art. 88 (9) of the Constitution). For nominated Members, the mandate may end earlier, namely on termination of the appointment by the President (Art. 74 of the Constitution).
Can MPs resign? Yes · Yes, of their own free will (Art. 137 (1) of the Constitution)
· Procedure (Art. 137 of the Constitution)
· Authority competent to accept the resignation: the resignation need not be accepted.
Can MPs lose their mandate ? Yes (a) Revocation before expiry of mandate by a political party: see (b)
(b) Definitive exclusion from Parliament by the latter: change of party membership (Art. 71 (2) (c) of the Constitution)
(c) Loss of mandate by judicial decision: sentence by a court to death or to imprisonment for a term exceeding six months (Art. 71 (2) (e) and (3) of the Constitution)
(d) Loss of citizenship (Art. 71 (2) (a) of the Constitution)
(e) Action contrary to the Code of Conduct (Art. 71 (2) (b) of the Constitution, S. 3 (1) of the Parliamentary and Ministerial Code of Conduct Act; see Code of conduct)
(f) Assumption of the office of President (Art. 71 (2) (d) of the Constitution)
(g) Arising of circumstances that, if he were not a Member of the Assembly, would cause the MP to be disqualified for election (Art. 71 (2) (f) and (3) of the Constitution)
(h) In some cases of restriction of freedom of movement (Art. 71 (2) (g) of the Constitution)
(i) Loss of mandate in case of invalidation of election (Art. 72 of the Constitution; see Validation of mandates)
(j) General procedure (Art. 85 of the Constitution)
STATUS OF MEMBERS
Rank in hierarchy · Within Parliament:
1. The Speaker
2. The Leader of the House
3. The Deputy Speaker
4. The Deputy Chairman of Committees
5. The other Members of Parliament
Indemnities, facilities and services · Diplomatic or official passport
· Basic salary: ZMK 188,086.80 per month
+ Subsistence allowance: ZMK 45,000 per day
+ Attendance allowance: ZMK 45,000 per day
· No exemption from tax
· Pension scheme
· Other facilities:
(a) Secretarial services (see Art. 73 of the Constitution)
+ Secretarial allowance: ZMK 1,200,000 per annum
(b) Postal services
+ Postal allowance: ZMK 600,000 per annum
(c) Travel and transport
+ Transport allowance: ZMK 10,000 per day
+ Transport allowance from constituencies: ZMK 350 per kilometre
Obligation to declare personal assets Yes
Parliamentary immunity - parliamentary non-accountability · The concept does exist (Art. 87 (1) of the Constitution, S. 4 of the National Assembly (Powers and Privileges) Act; see also S. 34 of the National Assembly (Powers and Privileges) Act).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
· Derogations: offence or insult (SO 66 and 67 of the Standing Orders), contempt of Parliament in cases of disobedience to rules or orders of the House (customary law, see also Part IV of the National Assembly (Powers and Privileges) Act) (for both, see Discipline)
· Non-accountability takes effect on the day when the mandate begins and offers, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate.
Parliamentary immunity - parliamentary inviolability · The concept does exist (Art. 87 (1) of the Constitution, S. 5 and 9 of the National Assembly (Powers and Privileges) Act).
· It applies to civil proceedings, covers all offences with the exception of minor offences like traffic offences but protects MPs only from arrest and from being held in preventive custody. Prosecution for an offence under the National Assembly (Powers and Privileges) Act shall only be instituted by the Director of Public Prosecutions upon information given to him in writing by the Speaker (S. 27 of the National Assembly (Powers and Privileges) Act).
· Derogations: flagrante delicto
· Parliamentary inviolability does, under certain circumstances, prevent MPs from being called as witnesses before a judge or tribunal, unless leave is given by the Assembly or the Speaker (S. 6 (2) and 8 of the National Assembly (Powers and Privileges) Act).
· Protection is provided during sessions only. Since parliamentary inviolability does not cover judicial proceedings in general, it does not cover judicial proceedings instituted against MPs before their election.
· Parliamentary immunity (inviolability) can be lifted (S. 9 of the National Assembly (Powers and Privileges) Act:
- Competent authority: the Speaker
- Procedure (S. 9 of the National Assembly (Powers and Privileges) Act).
· Parliament cannot subject the prosecution and/or detention to certain conditions
· Parliament cannot suspend the prosecution and/or detention of one of its members.
· In the event of preventive custody or imprisonment, the MPs concerned cannot be authorised to attend sittings of Parliament.
EXERCISE OF THE MANDATE
Training · There is a training/initiation process on parliamentary practices and procedures for MPs. It consists of seminars and workshops.
· It is provided by Parliament. Eminent parliamentarians especially from Commonwealth Parliaments are invited through the Commonwealth Parliamentary Association.
· Handbooks of parliamentary procedure:
- Standing Orders
- Member's Handbook
Participation in the work of the Parliament · Penalties foreseen in case of failure to fulfil this obligation (SO 142 of the Standing Orders):
- Reprimand
- Suspension
- Order to appear
· Body competent to judge such cases/to apply the penalties:
- Reprimand: the Speaker
- Suspension: the National Assembly
- Order to appear: the Speaker, the Chief Whip
Discipline · The rules governing discipline within Parliament are contained in SO 65 to 69 of the Standing Orders, S. 28 of the National Assembly (Powers and Privileges) Act, and in customary law.
· Disciplinary measures foreseen:
- Direction to discontinue the speech (SO 65 of the Standing Orders)
- Order to withdraw (SO 66 of the Standing Orders)
- Naming and suspension (SO 66 and 67 of the Standing Orders)
· Specific cases:
- Offence or insult (SO 66 and 67 of the Standing Orders): order to withdraw, naming and suspension
- Contempt of Parliament in cases of disobedience to rules or orders of the House (customary law, but see also Part IV of the National Assembly (Powers and Privileges) Act): committal, reprimand or admonition, suspension (without salary and allowances), expulsion (penal jurisdiction)
· Competent body to judge such cases/to apply penalties:
- Direction to discontinue the speech, order to withdraw, naming, offence or insult: the Speaker, the Chairman of Committees
- Suspension, offence or insult: the National Assembly
- Contempt of Parliament in cases of disobedience to rules or orders of the House: the National Assembly by reference to the Standing Orders Committee; the Speaker on direction of the National Assembly
· Procedure:
- Direction to discontinue the speech (SO 65 of the Standing Orders)
- Order to withdraw, naming and suspension, offence or insult (SO 66 and 67 of the Standing Orders)
- Contempt of Parliament in cases of disobedience to rules or orders of the House (customary law, S. 28 of the National Assembly (Powers and Privileges) Act)
Code (rules) of conduct · This concept does exist in the country's juridical system (Parliamentary and Ministerial Code of Conduct Act). There are also other customary or written provisions (Art. 71 (2) (b) of the Constitution, S. 3 (1), and 13 to 15 of the Parliamentary and Ministerial Code of Conduct Act, Part IV of the National Assembly (Powers and Privileges) Act).
· Penalties foreseen for violation of the rules and code of conduct:
- Administrative actions, criminal prosecution or other further actions; loss of mandate (Art. 71 (2) (b) of the Constitution, S. 3 (1) and 14 (8) of the Parliamentary and Ministerial Code of Conduct Act; code of conduct)
- Penal jurisdiction: committal, reprimand or admonition, suspension from the House (without salary and allowances), expulsion from the House (customary law, but see also Part IV of the National Assembly (Powers and Privileges) Act; contempt of Parliament in cases of misconduct of Members)
· Competent body to judge such cases/to impose penalties:
- Administrative actions, criminal prosecution or other further actions; loss of mandate: a Tribunal appointed by the Chief Justice
- Penal jurisdiction: the National Assembly by reference to the Standing Orders Committee; the Speaker on direction of the National Assembly
· Procedure:
- Administrative actions, criminal prosecution or other further actions; loss of mandate (S. 3 (1), and 13 to 15 of the Parliamentary and Ministerial Code of Conduct Act). In this case, MPs have means of recourse.
- Penal jurisdiction (customary law, S. 28 of the National Assembly (Powers and Privileges) Act).
Relations between MPs and pressure group · There are no legal provisions in this field.

This page was last updated on 2 November 2017
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