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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. Secretary General Doris Katai K. Mwinga (F)  Notes Clerk COMPOSITION Members (statutory / current number) 158 / 157 PERCENTAGE OF WOMEN More statistics  >>> Women (current number) 18 (11.46%) Mode of designation directly elected 150 appointed 8 Notes Appointed members: appointed by the Head of State. Term 5 years Last renewal dates 20 September 2011 (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 29 24 36 29 33 53 29 24 25 Fax (260 211) 29 22 52 E-mail clerk@parliament.gov.zm info@parliament.gov.zm Website http://www.parliament.gov.zm

Parliament name National Assembly Structure of parliament Unicameral LEGAL FRAMEWORK Electoral law 15 December 2004 Last amendment: 12.05.2006 Mode of designation directly elected 150 appointed 8 Constituencies 150 single-member constituencies. Voting system Majority: Simple majority vote There is no threshold to win a seat. There are no reserved seats or quotas for women, ethnic minorities or other categories. Vacancies arising between general elections are filled through by-elections. Voting is not compulsory. Voter requirements - age: 18 years - Zambian citizenship (including naturalized citizens) - residence in the country at the time of 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) - ability to speak and read in the official language of Zambia - citizens overseas, who are not civil servants, are eligible - residence in the country at the time of election - ineligibilities: insanity, undischarged bankrupts, allegiance to a foreign State, sentence of death or imprisonment, restriction in movement or detention pursuant to certain laws Incompatibilities - head of State - 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 nine registered voters of the constituency concerned - nomination must be accompanied by a monetary deposit of 500,000 kwacha (approximately US$ 125)

Parliament name National Assembly Structure of parliament Unicameral BACKGROUND Dates of election / renewal (from/to) 20 September 2011 Timing and scope of renewal Elections were held for all the elective seats of the National Assembly on the normal expiry of the members' term of office. The 2011 elections were the first to be held under President Rupiah Banda. At stake were 150 directly elected seats in the National Assembly. As in the previous elections, they were held in parallel with the presidential elections. In the previous elections held in September 2006, President Levy Mwanawasa's Movement for Multiparty Democracy (MMD) took 74 of the 150 directly elected seats. The Patriotic Front (PF) - formed in 2001 by a former MMD member, Mr. Michael Sata - took 43. The United Democratic Alliance (UDA) - an electoral alliance of the United Party for National Development (UPND), the United National Independence Party and the Forum for Democracy and Development (FDD) - took 26 seats. The remaining seats went to small parties and independents. President Mwanawasa was re-elected with 43 per cent of the vote and a 14-per cent margin over his closest rival, Mr. Sata (PF). In October, Mr. Mwanawasa was sworn in for a second five-year term. In August 2008, President Mwanawasa passed away. Snap presidential elections were held in October 2008. Mr. Mwanawasa's deputy, Mr. Rupiah Banda (MMD), was elected with 40 per cent of the vote, narrowly defeating Mr. Sata (PF), who took 38 per cent. Mr. Banda's presidency saw a commodities boom. Copper prices increased by 250 per cent to US$ 7,000 per tonne, contributing to the country's economic growth of 7 per cent in 2010 and 2011. Despite the economic growth, over 60 per cent of Zambians still live on less than US$ 2 a day. On 28 July 2011, President Banda dissolved parliament for elections to be held on 20 September. In all, 768 parliamentary and 10 presidential candidates stood in the 2011 elections. Only eight of the 20 parties participating in the parliamentary elections nominated women candidates. In all, 111 women, including 21 independents, contested the parliamentary elections. Parliamentary elections in two constituencies were postponed owing to the deaths of candidates. President Rupiah Banda's MMD had been in power since 1991. Its main rivals were the PF, led by Mr. Sata, and the UPND of Mr. Hakainde Hichilema. The party leaders were also running for the presidency. The MMD ran on the government's record, referring in particular to the infrastructure programme to improve the country's road network. In 2008, the government had created a 25 per cent windfall tax on mining companies' profits, but pledged not to do so again. President Banda argued that the MMD was the "legitimate parent of Zambia's democracy". Both the PF and the UPND criticized the government's decision to scrap the windfall tax and pledged to re-introduce it. PF leader Sata also promised to work for the poor, reduce the size of government and tackle corruption. Mr. Hichilema's UPND pledged to bring about change for a better future of all Zambians by creating more jobs and providing better welfare. 53.98 per cent of the 5.2 million registered voters turned out at the polls. The Southern African Development Community (SADC) Election Observer Mission stated that the elections had been conducted in a "conducive environment". It concluded that some of the concerns over the electoral process were pertinent but did not affect the credibility of the overall electoral process. The final results of the parliamentary elections gave the PF 60 of the 148 confirmed seats, five more than the MMD. The UPND came in third with 28 seats. The remainder went to two small parties, which took one seat each, and three independents. In all, 17 women were elected. The 2011 presidential elections saw the first power shift since 1991: Mr. Sata (PF) was elected with 43 per cent of the votes, defeating President Banda (MMD), who took 36 per cent. The new President was officially sworn in on 23 September. On 6 October, the newly elected members were sworn in alongside eight members appointed by the President. They elected Lusaka High Court Judge, Mr. Patrick Matibini as the new Speaker. His candidacy had been submitted by the PF. STATISTICS Voter turnout Round no 1 20 September 2011 Number of registered electors Voters Blank or invalid ballot papers Valid votes 5'167'174 53.98% Notes Distribution of votes Round no 1 Political group Candidates Votes % of votes Patriotic Front (PF) Movement for Multiparty Democracy (MMD) United Party for National Development (UPND) Independents Alliance for Democracy and Development (ADD) Forum for Democracy and Development (FDD) Distribution of seats Round no 1 Political Group Total of seats Number of women Patriotic Front (PF) 61 8 Movement for Multiparty Democracy (MMD) 55 6 United Party for National Development (UPND) 29 2 Independents 3 0 Alliance for Democracy and Development (ADD) 1 1 Forum for Democracy and Development (FDD) 1 0 Distribution of seats according to sex Men Women Percent of women 141 17 10.76% Distribution of seats according to age Distribution of seats according to profession Comments Note on "distribution of seats according to sex" Seventeen women were directly elected; no women were appointed. Note on the distribution of seats The above-mentioned statistics refer to directly elected members. As at 7 October 2011, there were three vacant seats: two in the constituencies where the general elections had been postponed and one seat vacated by an MMD candidate-elect who resigned before being sworn in. Elections to fill these three seats were held on 28 November. Two men candidates - one each from the PF and the UPND - won the differed elections in Magoye and Nakonde constituencies. The number of women elected in the 2011 elections thus remains 17. One woman candidate won the by-election in Chongwe, bringing the total number of women to 18. One independent man member subsequently resigned, leaving one seat vacant. As at 16 January 2012, 18 seats were held by women out of a total 157 seats. Sources: National Assembly (05.10.2011, 07.10.2011, 23.12.2011, 16.01.2012, 17.01.2012) http://www.elections.org.zm/

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 fifth 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

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 17 January 2012
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