IPU PARLINE database: ZAMBIA (National Assembly), Oversight

Parliament name

National Assembly

Structure of parliament

Unicameral

Type of political regime

semi-presidential

Notes

The President is the Head of State and Head of Government, and the commander-in-chief of the defence force (Article 33 of the Constitution).

Head of the executive

President of the Republic

Notes

Executive power is vested in the President and is exercised by him or her either directly or through officers subordinate to him or her. The Cabinet consists of the President, the Vice-President and ministers (Article 49 of the Constitution). It formulates governmental policy and is responsible for advising the President on such policy and on any matter as may be referred to it by the President. A minister is responsible, under the directions of the President, for the business of Government, including the administration of any Ministry or department, as the President may assign to such minister.

Method for appointing the executive

The election of the President is direct by universal adult suffrage and by secret ballot (Article 34 of the Constitution). The Vice-President and the other ministers are appointed by the President.

Term of office of the executive and coincidence with the term of the legislature

Every President holds office for a period of five years (Article 35 of the Constitution). No person who has been elected twice as President may be eligible for re-election to that office. The President's term of office coincides with the term of the National Assembly.

Incompatibility of the functions of member of the executive and member of Parliament

No

The Vice-President and ministers are appointed by the President from among the members of the National Assembly. The President himself cannot be a member of the Assembly.

Dissolution of Parliament

Yes

Circumstances

The President may at any time prorogue the National Assembly (Article 88 of the Constitution). The Assembly may also dissolve itself, or may be dissolved by the President at any time.

Modalities

The President may at any time dissolve the National Assembly, or the Assembly may, by a two-thirds majority of all its members dissolve itself. Whenever the Assembly is dissolved, there are presidential elections and elections to the Assembly, and the first session of the new National Assembly commences within three months from the date of the dissolution. No dissolutions occurred between 1990 and 2000.

Accountability of Government to Parliament

Yes

The Cabinet and deputy ministers are accountable collectively to the National Assembly (Article 51 of the Constitution).

Modalities of oversight

Oral and written questions of parliamentarians

Government accountability to the National Assembly is brought into play by questions posed to ministers.

Government reports to Parliament

The President may attend and address the National Assembly (Article 82 of the Constitution). He or she may send messages to the National Assembly and any such message is read, at the first convenient sitting after it is received, by the Vice-President or by a minister designated by the President.

Measures

Vote of confidence on Government programs and/or legislative proposals

Not applicable

Motions of censure and votes of no confidence (sub-report)

Circumstances

Government accountability to the National Assembly can be brought into play at any time by a motion of no confidence against the Cabinet or an individual minister.

Modalites

The majority of all members of the National Assembly is required for adopting a motion of censure.

Consequences

If a motion is adopted, either the individual minister involved, or the entire Cabinet resigns. Between 1990 and 2000, no motion of censure was tabled in the National Assembly.

Dismissal and/or impeachment of Government and other public officials (sub-report)

Circumstances and persons concerned

No civil proceedings may be instituted against the person holding the office of President or performing theses functions in respect of anything done or omitted in his or her private capacity (Article 43 of the Constitution). Such person may neither be charged with any criminal offence or be amenable to criminal jurisdiction. Neither may a person who has held the office of President be charged with a criminal offence, or be amenable to criminal jurisdiction in respect of any act done or omitted in his or her personal capacity while he or she held the office of President, unless the National Assembly has determined that such proceedings would not be contrary to the interests of the state. The Cabinet can resolve that the question of physical or mental capacity of the President to discharge his or her functions ought to be investigated (Article 36 of the Constitution). Also, the National Assembly can give notice of a motion alleging that the President has committed a violation of the Constitution or been guilty of gross misconduct, specifying the particulars of the allegations and proposing that a tribunal be established to investigate those allegations (Article 37 of the Constitution).

Modalites and procedure

If it is resolved by a majority of all Cabinet members that the question of the physical or mental capacity of the President ought to be investigated (Article 36 of the Constitution), and they so inform the Chief Justice, the latter appoints a board consisting of not less than three persons selected by him or her from among persons who are qualified as medical practitioners, and the board inquires into the matter and reports to the Chief Justice on whether or not the President is, by reason of any infirmity of body or mind, incapable of discharging the functions of his or her office. If the board reports that the President is incapable, the Chief Justice tables such certificate, with the report of the board before the National Assembly, which on a motion, passed by a two-thirds majority, (i) ratifies the decision, and thereupon the President ceases to hold office; or (ii) rejects the decision and causes a further inquiry, and thereafter decides on such questions by a two-thirds majority vote, that decision being final.

If notice in writing is given to the Speaker, signed by not less than one third of all parliamentarians, of a motion alleging that the President has committed any violation of the Constitution or any gross misconduct, specifying the particulars of the allegations and proposing that a tribunal be established to investigate those allegations, the Speaker (i) causes the motion to be considered by the National Assembly within seven days; (ii) or if the Assembly is not sitting, summons it to meet within 21 days to do so. Where such motion is tabled, the National Assembly debates the motion and if it is supported by the votes of not less than two thirds of all its members, it is passed. In that case, (i) the Chief Justice appoints a tribunal consisting of a chairman and not less than two other members selected from among persons who hold or have held high judicial office; (ii) the tribunal investigates the matter and reports to the National Assembly whether it finds the allegations substantiated; and (iii) the President has the right to appear and be represented before the tribunal during its investigation. If the tribunal reports that the particulars have not been substantiated, no further proceedings are taken.

Consequences

Where the Cabinet resolves that the question of the physical or mental capacity of the President be investigated, the President ceases, until another person assumes the office of President or the board reports that the President is not incapable, to perform his or her office. His or her functions are then performed by (i) the Vice-President; or (ii) in the latter's absence or if he or she is unable, by the minister the Cabinet elects. Such person may not dissolve the National Assembly nor revoke any appointment made by the President, unless on the advice of the Cabinet. If the tribunal reports to the National Assembly that the allegations are substantiated, the Assembly may, on a motion supported by the votes of not less than three quarters of all its members, resolve that the President has been found guilty, and the President ceases to hold office upon the third day following the passage of the resolution. If the office of the President becomes vacant, a new election is held within 90 days.

Have these procedures been applied?

Oversight over the actions of the Government administration

Yes

The Cabinet and deputy ministers are accountable collectively to the National Assembly (Article 51 of the Constitution).

Means and modalities of oversight

Hearings in Committees

The National Assembly exercises oversight over the actions of the administration by holding hearings in committees.

Committees of inquiry and missions to Government departments

The National Assembly exercises oversight over the actions of the administration through committees of inquiry and through missions to governmental departments.

Oral and written questions of parliamentarians

The National Assembly exercises oversight over the actions of the administration by asking oral and written questions to ministers. The deadline for written replies is 21 days. The time set up for oral questions is limited, but where a question attracts a lot of supplementary questions, it can give rise to a debate. Questions can be followed up in the committee on Government assurance, by supplementary questions, or by private member's motions.

Role of Parliament in the appointment of senior Government officials

Not applicable

Activity reports of the Government administration and of public services or establishments

The administration and certain public establishments are required to submit annual activity reports to the National Assembly.

Representation of Parliament in governing bodies of the Government administration

Not applicable

Existence of an ombudsman

Yes

Method for appointing the executive

The Ombudsman is appointed by the President at the latter's discretion.

Relationship to Parliament

The Ombudsman reports to the National Assembly.

Consultation of Parliament in the preparation of the national budget

No

The minister responsible for finance causes to be prepared and laid before the National Assembly, within three months after the commencement of each financial year, estimates of the revenues and expenditure for that financial year (Article 117 of the Constitution).

Modalities of oversight

Examination of the budget / finance act by Parliament

The National Assembly exercises budgetary oversight during the examination of the finance act. Bills are thoroughly scrutinised and heavily debated upon before being passed. When the estimates of expenditures have been approved by the Assembly, the heads of the estimates together with the amount approved in respect of each are included in a bill to be known as an appropriation bill, which is introduced in the National Assembly to provide for the payment of those amounts for the purposes specified out of the general revenues. Where in any financial year, expenditure has been incurred without the authorisation of the National Assembly, the minister responsible for finance introduces, on approval of such expenditure by the appropriate committee, in the Assembly, up to 30 months after the end of that financial year, a bill to be known as the excess expenditure appropriation bill, for the approval by the National Assembly of such expenditure.

Reports on the budget / finance act by Committees

Committee reports are scrutinised and questions raised are brought to the attention of Government.

Fields overseen

Defence budget

The National Assembly exercises oversight over all public funds.

Budget of special departments

The National Assembly exercises oversight over all public funds.

Role of Parliament in national development plans

The National Assembly scrutinises and gives advice to appropriate ministries with regard to Government policy and implementation.

Parliament's deadline for the examination and adoption of the budget / finance act

The appropriation act (which authorises expenditures) and the finance control and management act are enacted immediately after the budget has been passed.

Consequences of failure by Parliament to adopt the budget / finance act

In the event of a budgetary deadlock, there would be a constitutional crisis, since Government would have no money to spend.

Budgetary autonomy of Parliament

Yes

The National Assembly prepares its own budget, which is incorporated in the national budget, just like those of other ministries and departments.

Evaluation of Government spending

Parliament approves Government expenditures annually

Yes

The minister responsible for finance causes to be prepared and laid before the National Assembly, not later than nine months after the end of each financial year, a financial report in respect of that year (Article 118 of the Constitution). Such report includes accounts showing the revenue and other monies received by Government, the expenditure other than that charged by the Constitution or any other law on the general revenues, the payments made otherwise than for the purposes of expenditure, a statement of the financial position at the end of the financial year and such other information as the National Assembly may prescribe.

Parliamentary oversight of public companies

Yes

The committee on public investments oversees public companies.

Modalities of oversight

Body for auditing the Government's books and method for appointing

The auditor general is appointed by the President, subject to ratification by the National Assembly, and acts as a public officer (Article 121 of the Constitution). It is the duty of the auditor general (i) to satisfy himself/herself that constitutional provisions are being complied with; (ii) to satisfy himself/herself that the monies expended have been applied to the purposes for which they were appropriated, and that the expenditure conforms to the authority that governs it; (iii) to audit the accounts relating to the general revenues and the expenditure of monies appropriated by the National Assembly, the judicature, the accounts relating to the stocks and stores of Government and the accounts of such other bodies as may be prescribed by or under any law; and (iv) to audit the accounts relating to any expenditure charged by the Constitution or any other law on the general revenues and to submit a report.

Reports of the public auditor's office

The auditor general and any officer authorised by him/her have access to all books, records, reports and other documents relating to any of the accounts referred to. He or she must, not later than 12 months after the end of each financial year, submit a report on public accounts in respect of that financial year to the President, who causes it, not more than seven days later, to be laid before the National Assembly. If the President defaults in laying the report before the National Assembly, the auditor general submits the report to the Speaker, or if this office is vacant or the Speaker is unable to perform his or her functions, to the Deputy Speaker, who causes it to be laid before the National Assembly. In the exercise of his or her functions, the auditor general may not be subjected to the direction or control of any person or authority. The National Assembly follows up the auditor's reports by making recommendations for the attention of Government.

Specialised committee

Not applicable

Foreign Relations Committee (sub-report)

Functions of the Committee

The National Assembly exercises oversight over foreign policy through the committee on national security and foreign affairs.

Powers of the Committee

The committee oversees activities of the ministries of defence, home affairs and foreign affairs. This is done through (i) studying, reporting and making recommendations to Government on the mandate, management and operations of the ministries and their departments; (ii) carrying out detailed scrutiny of certain activities being undertaken by the ministries and their departments or agencies; (iii) making, if deemed necessary, recommendations to Government on the need to review certain policies or existing legislation; (iv) considering any bills referred to it; and (v) executing any other order or duty placed upon it.

Composition of the Committee

The composition of the committee reflects the numerical strength of each party in the National Assembly.

Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad

The National Assembly exercises oversight over foreign policy through bilateral visits, participation in inter-parliamentary conferences and information missions abroad.

Plenary debates on foreign policy issues

Not applicable

Involvement of Parliament

Participation of Parliament in inter-governmental meetings

The National Assembly can take the initiative to send parliamentary delegations to intergovernmental meetings.

Modalities and procedures for ratifying international treaties and agreements (sub-report)

The President has the power to negotiate and sign international agreements and to delegate the power to do so (Article 44, paragraph 2, sub-section d of the Constitution).

Other mechanisms for participation in foreign policy by Parliament

There are no other parliamentary oversight mechanisms in addition to the above.

National Defence Committee (sub-report)

Functions of the Committee

The National Assembly exercises oversight over national defence policy through the committee on national security and foreign affairs.

Powers of the Committee

The committee oversees activities of the ministries of defence, home affairs and foreign affairs. This is done through (i) studying, reporting and making recommendations to Government on the mandate, management and operations of the ministries and their departments; (ii) carrying out detailed scrutiny of certain activities being undertaken by the ministries and their departments or agencies; (iii) making, if deemed necessary, recommendations to Government on the need to review certain policies or existing legislation; (iv) considering any bills referred to it; and (v) executing any other order or duty placed upon it.

Composition of the Committee

The composition of the committee reflects the numerical strength of each party in the National Assembly.

Parliamentary oversight of public arms manufacturing companies

Not applicable

Circumstances and involvement

Modalities and procedures in case of war, an armed attack or a state of emergency

The President may at any time, in consultation with the Cabinet, by proclamation published in the gazette declare war, declare that a state of public emergency exists, and declare that a situation exists which, if it is allowed to continue, may lead to a state of public emergency (Articles 29-31 of the Constitution). Any declaration in respect of public emergencies ceases to have effect on the expiration of a period of seven days, unless it is approved by a resolution supported by a majority of all deputies, not counting the Speaker.

Role of Parliament in sending troops abroad

The National Assembly makes laws regulating the defence force, and in particular, providing for the deployment of troops outside of the country (Article 102 of the Constitution).

Other mechanisms for participation in national defence policy by Parliament

The National Assembly makes laws regulating the defence force, and in particular, providing for (i) their organs and structures; (ii) the recruitment of persons into it from every district of the country; and (iii) the terms and conditions of service (Article 102 of the Constitution).

Circumstances

The President may at any time, in consultation with the Cabinet, by proclamation published in the gazette declare war (Article 29 of the Constitution). Such declaration continues in force until the cessation of hostilities. Similarly, the President may at any time, in consultation with the Cabinet, by proclamation declare that a state of public emergency exists, or declare that a situation exists which, if it is allowed to continue may lead to a state of public emergency. Such declarations cease to have effect on the expiration of a period of seven days, unless they are approved by a resolution supported by a majority of all deputies, not counting the Speaker. In reckoning any period of seven days, no account is taken of any time during which the National Assembly is dissolved. Any such declaration may, before it has been approved by the National Assembly, be revoked by the President. A resolution of the National Assembly will continue in force until the expiration of a period of three months or until revoked at an earlier date or until such earlier date as may be specified in the resolution. The National Assembly may, by majority of all its members, not counting the Speaker, extend the approval of the declaration for periods of not more than three months at a time. The National Assembly may also revoke a resolution at any time.

Can parliament take the initiative to declare a state of emergency

No

Consequences of a state of emergency for Parliament

The declaration of a state of war or emergency does not affect the existence and functioning of the National Assembly. At any time when the Republic is at war, the National Assembly may from time to time extend its term of five years for not more than 12 months at a time, provided that the life of the Assembly is not extended for more than five years. If, after a dissolution of the National Assembly and before the holding of general elections, the President considers that owing to the existence of a state of war or of a state of emergency, it is necessary to recall the National Assembly, he or she may summon the Assembly that has been dissolved to meet and that Assembly is deemed to be the National Assembly for the time being, but if the general election proceeds, the Assembly that has been recalled stands dissolved, if not sooner dissolved, on the day appointed for the nomination of candidates in that general election.

Modalities of oversight

Body ruling on the constitutionality of laws

The courts

Whenever a request is made for a report on a bill or statutory instrument, or the Chief Justice considers it necessary for the purpose of determining claims for legal aid in respect of proceedings regarding a state of public emergency, the Chief Justice appoints a tribunal which consists of two persons selected by him or her from amongst persons who hold or have held the office of a Judge of the Supreme Court or the High Court (Article 27 of the Constitution).

Means and procedures

A request for a report on a bill or a statutory instrument may be made by not less than 30 deputies by notice in writing delivered (i) in the case of a bill, to the Speaker within three days after the final reading of the bill in the Assembly; and (ii) in the case of a statutory instrument, to the authority having power to make the instrument within 14 days of the publication of the instrument in the gazette. Where a tribunal is appointed, it submits within the prescribed period, a report to the President and to the Speaker of the National Assembly stating (i) in the case of a bill, whether or not in the opinion of the tribunal any, and if so which, provisions of the bill are inconsistent with the Constitution; (ii) in the case of a statutory instrument, whether or not in the opinion of the tribunal any, and if so which, provisions of the instrument are inconsistent with the Constitution, and if the tribunal reports that any provision would be or is inconsistent with the Constitution, the grounds upon which the tribunal has reached that conclusion.

If the tribunal considers that the request for a report on a bill or statutory instrument is merely frivolous or vexatious, it may so report to the President without entering further upon the question. In determining any claim for legal aid with respect to a state of emergency, the tribunal may grant to any person who satisfies the conditions a certificate that the application is a proper case to be determined at public expense. This does not apply in any case where the application relates to the validity or a provision of law in respect of which the tribunal has reported that it would be or is inconsistent with the Constitution or where it appears to the tribunal that issues are or will be raised in the application which are of general importance. Where a certificate is granted to any person, there is paid to that person out of the general revenues such amount as the tribunal, when hearing the application, may assess as the costs incurred by that person in connection with the application, and the sums required for making such payment are a charge on the general revenue.

Evaluation of laws

No

Not applicable

Measures

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