TRANSITIONAL PERIOD AND INAUGURATION OF PRESIDENT ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY PROVISIONS

   1.   Short title

   2.   Interpretation

   3.   Application

   4.   Guiding principles

PART II
ESTABLISHMENT OF PRESIDENTIAL INAUGURATION COMMITTEE

   5.   Establishment of Presidential Inauguration Committee

   6.   Functions and powers of Committee

   7.   Sub committees

   8.   Procedure of Committee

PART III
ADMINISTRATIVE AND SECURITY PROCEDURES DURING TRANSITIONAL PERIOD

   9.   Administration during transitional period

   10.   Transitional provisions pending second ballot

   11.   Security detail

   12.   Security briefing

   13.   Preparation for assumption of office and provision of information

PART IV
THE SWEARING-IN CEREMONY

   14.   Swearing-in ceremony

   15.   Taking of oath

   16.   Handing over of instruments of power and authority

   17.   Swearing-in of Vice-President-elect

   18.   inauguration speech

PART V
TRANSITIONAL PERIOD ON DEATH OF PRESIDENT IN OFFICE

   19.   Death of President while in office

   20.   Approval of programme for State Funeral

   21.   Report to National Assembly

PART VI
GENERAL PROVISIONS

   22.   Reports of Committee

   23.   Management of information and records

AN ACT

to provide for the administration and security procedures during the transitional period; the procedure for safeguarding public documents and information during the transitional period; the procedures and formalities for the inauguration and assumption of office of President by the President-elect; the venue and place for the inauguration ceremony; the process for the handover of the symbols and instruments of office and the presidency by the former President to the President; the procedures relating to the transitional period when a President dies in office; the funding of the inauguration ceremony; and matters connected with, or incidental to, the foregoing.

[7th June, 2016]

Act 32 of 2016.

PART I
PRELIMINARY PROVISIONS

1. Short title

This Act may be cited as the Transitional Period and Inauguration of President Act.

2. Interpretation

In this Act, unless the context otherwise requires—

“Commission” means the Electoral Commission of Zambia established in accordance with Article 229 of the Constitution;

“Committee” means the Presidential Inauguration Committee established in accordance with section 5;

“deceased President” means a President who died whilst in office;

“facilities” includes offices, furniture, books, documents, files, office machines and equipment, housing and transportation;

“President-elect” means the person elected as President in accordance with Article 101 of the Constitution and who has not assumed office in accordance with Article 105(1) of the Constitution;

“public officer” has the meaning assigned to it in the Constitution;

“State Funeral” means the arrangements and activities relating to the funeral of a deceased President and the burial;

“transitional period” means the period immediately after the announcement of the presidential election results and the swearing-in of the President-elect and assumption of the office of President by the President-elect and includes the period after the President dies in office, as the case may be; and

“Vice-President-elect” means the running mate of the President-elect as specified in the Constitution.

3. Application

This Act applies—

   (a)   to the swearing-in and inauguration of the President-elect as President;

   (b)   to the swearing-in of the Vice-President-elect as Vice-President;

   (c)   with necessary modification, to the inauguration and swearing-in of the Vice-President as President by virtue of Article 106(a) of the Constitution; and

   (d)   to the transitional period when a President dies in office.

4. Guiding principles

The Committee shall, in the performance of its functions, be guided by the values and principles set out in Article 173 of the Constitution.

PART II
ESTABLISHMENT OF PRESIDENTIAL INAUGURATION COMMITTEE

5. Establishment of Presidential Inauguration Committee

   (1) There is established the Presidential Inauguration Committee.

   (2) The Committee shall be an ad hoc committee for the transitional period which shall consist of—

   (a)   the Secretary to the Cabinet, who shall be the Chairperson;

   (b)   the Deputy Secretary to the Cabinet, who shall be the Deputy Chairperson;

   (c)   the Attorney-General;

   (d)   the Permanent Secretary in the Ministry responsible for home affairs;

   (e)   the Permanent Secretary in the Ministry responsible for defence;

   (f)   the Permanent Secretary in the Ministry responsible for finance;

   (g)   the Permanent Secretary in the Ministry responsible for foreign affairs;

   (h)   the Permanent Secretary in the Ministry responsible for works and supply;

   (i)   the Permanent Secretary in the Ministry responsible for information;

   (j)   the Permanent Secretary in the Ministry responsible for justice;

   (k)   the Permanent Secretary responsible for administration in the office of the Vice-President;

   (l)   the Permanent Secretary responsible for administration at Cabinet office;

   (m)   the Permanent Secretary in the Ministry responsible for local Government;

   (n)   the Permanent Secretary responsible for State House;

   (o)   the Zambia Army Commander;

   (p)   the Inspector-General of Police;

   (q)   the Director-General of the Zambia Security Intelligence Service;

   (r)   the Zambia Air Force Commander;

   (s)   the Zambia National Service Commandant;

   (t)   the Clerk of the National Assembly; and

   (u)   the Chief Administrator of the Judiciary.

   (3) The Chairperson of the Committee shall convene the first meeting of the Committee 60 days before a presidential election for purposes of planning for the transitional period.

   (4) The office of the Permanent Secretary responsible for administration at Cabinet Office shall be the secretariat to the Committee.

   (5) A vacancy in the membership of the Committee or non attendance at a meeting of the Committee by a member shall not affect the decisions of the Committee.

   (6) 11 members of the Committee shall form a quorum at a meeting of the Committee.

6. Functions and powers of Committee

The functions of the Committee shall be to—

   (a)   deal with all matters relating to the affairs of Government during the transitional period;

   (b)   organise the security for, comfort and hospitality, transportation and temporary staff for the President-elect and Vice-President-elect, out-going President and out-going Vice-President during the transitional period;

   (c)   facilitate communication between the out-going President and the President-elect for purposes of an orderly handover of the office of President;

   (d)   prepare the programme and organise activities for the swearing-in ceremony of the President-elect and Vice-President-elect;

   (e)   invite dignitaries to the swearing-in ceremony of the President-elect and Vice-President-elect;

   (f)   prepare programmes for a State Funeral and organise a State Funeral;

   (g)   facilitate the handing over process by the out-going President to the President-elect; and

   (h)   carry out any other activity necessary for the performance of its functions under this Act and perform any other function assigned to it under any other written law to ensure an orderly transition of power and, where applicable, an orderly transfer of power after a general election or death of a President.

7. Sub-committees

   (1) The Committee may establish sub-committees for the better carrying out of its functions as specified in this Act.

   (2) The Committee may co-opt into the membership of a sub-committee, established in accordance with subsection (1), persons whose knowledge and skills are considered necessary for the better and efficient performance of the functions of the Committee.