Standing Orders 2005

STANDING ORDERS OF THE NATIONALASSEMBLY

Part I Public Business

SHORT TITLE AND DEFINITIONS

SHORT TITLE

These rules of procedure of the House may be cited asthe Standing Orders of the National Assembly.

DEFINITIONS(1) Words and terms in these Standing Orders which are

in the Constitution shall have the meaning assigned to them in theConstitution.

(2) In these Standing Orders, unless the context otherwiserequires —

`Assembly' or 'House' means the National Assembly or Houseand shall be deemed to include any committee, sub-committee orother groups or bodies of members or officers of the NationalAssembly appointed by or with the authority of such an Assemblyfor purposes of carrying out any function or representing theAssembly;

`ballot box' means transparent ballot box;

`Chairperson of Committees' means the Chairperson of theCommittees of the Whole House and includes a Deputy Chairpersonof Committees of the Whole House;

`Chairperson of Committee' means any Chairperson of aStanding, Sessional, Select or Sub-Committee of the House;

`Clerk' means the Clerk of the National Assembly and includesthe Deputy Clerk, Assistant Clerk, and any other officer of theNational Assembly when the latter are at the Table;

Standing Orders 2005

Cap I 'Constitution' means the Constitution of Zambia;

*`Deputy Speaker' means the person elected in terms of Article70 of the Constitution;

`dissolution' means to bring to an end a term of Parliamentfollowed by a general election;

`Meeting' means all sittings of an Assembly held during aperiod beginning when the Assembly first sits after being summonedat any time and terminating when the Assembly is adjourned sinedie or at the conclusion of a session;

`member' means any member of the Assembly and includesthe Speaker;

`officer' means the Clerk or any other employee of theAssembly or person acting within the precincts of the AssemblyChamber under the orders of the Speaker;

`petition' means a written plea presented to the Assembly; andincludes all similar submissions whether relating to public or privatematters of general policy, or to redress local or personal grievances;

`precincts of the Assembly Chamber' means the Chamber inwhich the Assembly sits in session for transaction of businesstogether with the offices, rooms, lobbies, galleries, courtyards,gardens, Assembly Motel and other places provided for the use ofoffice accommodation of Members, officers or visitors, any passagesconnecting such places and any other places thereto as may bedesignated by the Speaker;

`prorogation' means the end of a session of Parliament;

`select committee' means an ad hoc Committee appointed fora specific task and stands dissolved at the end of the task;

`Sergeant-at-Arms' means any person appointed to performthe duties and functions of the Sergeant-at-Arms;

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Standing Orders 2005

*`session' means a period commencing when the assemblyfirst meets after a general election or prorogation and ending whenthe Assembly is next thereafter prorogued or dissolved withouthaving been prorogued;

`sessional committee' means a committee appointed for asession of an Assembly;

`sitting' means the period between the time when the Speakertakes the Chair and the time when the assembly is adjourned;

`summoning' means the ordering of a session of Parliament.

`standing committee' means a Committee appointed for the lifeof an Assembly;

`Standing Orders' means Standing Rules and Orders of theAssembly as in force on the 24th October, 1964, and any ordersor rules of procedure amending or replacing them made in pursuanceof Article 86 of the Constitution;

`Table' means Table of the House;

`Speaker' includes the Deputy Speaker or any person presidingin terms of Article 83(c) of the Constitution; and

`visitor' means any person other than a Member or an officer.

*refers to provisions from the Constitution of Zambia

Standing Orders 2005

OPENING PROCEEDINGS

PROCEDURE ON MEETING OF NEW ASSEMBLY

Proclamation *3. The Clerk shall read the proclamation after the membersread

have assembled at the time and place appointed in the President'sproclamation on the first day of the meeting of the new Assembly.

PROCEEDINGS ON MEETING OF NEW ASSEMBLY

Meeting of anew Assembly

Election ofSpeaker,DeputySpeaker andDeputyChairpersonof Committeesof the WholeHouse

(1) The new Speaker shall be elected when the Housefirst meets after any general election and before the House proceedswith the dispatch of any other business.

(2) If the office of Speaker falls vacant at any time beforethe next dissolution of the National Assembly, no business shallbe transacted by the House until the election of the new Speaker.

(1) The House shall, as soon as a quorum of the Houseis present, proceed to elect a Speaker and, until the Speakeris elected, the Clerk shall act as presiding officer.

When a quorum of the House is present, the Clerkshall direct for the division bells to be rung for four minutes.At the end of a further period of one minute, the Clerk shalldirect the Bar to be closed and doors locked, and no membershall, thereafter, enter or leave the Chamber until the electionsof the Speaker, Deputy Speaker and Deputy Chairperson ofCommittees of the whole House have taken place.

The election of Speaker shall be by secret ballot.

(4) The names of candidates for election to the office ofSpeaker shall be entered upon nomination papers obtained from andhanded to the Clerk at least forty-eight hours before the time appointedat which the House is to meet to elect the Speaker, and shall beaccompanied in each case by the signatures of two members whosupport the candidate and a declaration by them that the candidateis willing to serve and, when the candidate is not a member, is qualifiedto be elected under Article 69 (1) of the Constitution of Zambia.

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Standing Orders 2005

The Clerk shall prepare, at least one hour before themeeting of the House, ballot papers upon which shall be shownthe names of all candidates validly nominated under paragraphtwo of this Standing Order, and shall issue not more than one suchpaper to each member who comes to the Table to obtain it:

Provided that a member who, before the conclusion of theballot, has marked his or her papers in error may, by returningit to the Clerk, obtain another in its place, and the Clerk shallimmediately cancel and destroy the paper so returned.

Every member who wishes to vote shall mark hisor her ballot paper by placing a cross (and no other writing orsignature), in the space opposite the name of the candidate forwhom he/she wishes to vote.

The Clerk shall, at the commencement of eachballot, cause the ballot box, empty and unlocked, to be displayedto the House and shall then, in the presence of the House, lockthe ballot box, which shall thereafter until the conclusion ofthe ballot the box be kept in the full view of the House.

When it appears to the Clerk that all memberswho are present and who wish to vote have placed their ballotpapers in the ballot box, the Clerk shall unlock the box, examinethe ballot papers cast, having rejected those unmarked ormarked otherwise than as prescribed in paragraph (4) of thisStanding Order, report the result of the ballot, and no memberwho has not already recorded his/her vote shall be entitled todo so after the Clerk has unlocked the ballot box.

Where at any ballot between two nominees thevotes are equal, another ballot shall be held.

A person shall not be elected Speaker, unless heor she is supported by a simple majority vote.

(11) A candidate may, by written notice to the Clerk,withdraw his or her name before a ballot is started, and in the eventof any such withdrawal, the Clerk shall cross the name of that candidateoff any ballot papers issued for that or any subsequent ballot.

Standing Orders 2005

The Speaker-elect takes theChair

Election ofDeputySpeaker andDeputyChairpersonof Committeesof the WholeHousePresidentialapprobationand memberssworn inAdjournmentof the House.Time forPresidentaddressingAssembly

Notwithstanding anything to the contrary containedin this Standing Order, if there is only one candidate who has beenduly nominated, that candidate shall be declared forthwith to havebeen elected Speaker, without any ballot or vote being required.

Where the Speaker has been elected under thisStanding Order, the Speaker's proposer and seconder shall rise andgo out of the Chamber to the Speaker-elect and, leading him orher by the hand through the main door, shall conduct him or herto the Chair. The Speaker-elect shall rise and say, 'In accordancewith tradition, I rise to submit myself to the will of the House'.From the upper step of the Chair, the Speaker-elect shall expresshis or her acknowledgment of the honour done to him or her, andthen suspend business for five minutes to permit him or her torobe. (Members remain seated in the Chamber).

The Speaker-elect enters, led by the Sergeant-at-Arms,shall take his/her seat in the Chair, and the Sergeant-at-Arms shallplace the Mace in the upper brackets on the Table. The Leader ofthe House or, in his absence, a Minister shall rise and congratulatethe Speaker-elect on his or her election.

*(14) After the election of the Speaker, the House shallproceed to elect a Deputy Speaker and a Deputy Chairpersonof the Committee of the Whole House, by secret ballot.

The process for electing the Speaker shall applywhen electing the Deputy Speaker and the Deputy Chairpersonof the Committees of the Whole House.

The Speaker-elect, accompanied by his or her proposerand seconder and other members of the House, shall, as soon as maybe, present himself or herself to the President for presidential approbationand shall take and subscribe the oath. On his or her return, he or sheshall report these facts to the Assembly. The Speaker and membersshall then take and subscribe the oath or affirmation of allegiance.

(17) When all the Members have taken or subscribed theoath the House then adjourns until the time the President willaddress the House.

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Standing Orders 2005

OFFICERS OF THE ASSEMBLY

PROCEEDINGS ON MEETING FORNEW SESSION NOT BEING THEMEETING OF A NEW ASSEMBLY

*6. On the first day of the meeting of an Assembly, for thedispatch of business pursuant to the President's proclamation,members having met at the time and place appointed, the Clerkshall read the proclamation. Members returned or nominated sincethe last adjournment of the Assembly shall, where necessary, takeand subscribe the oath or affirmation of allegiance.

7. After taking and subscribing of the oath or affirmation ofallegiance, the Leader of Government Business in the House,Minister or Deputy Minister shall inform the House at what timethe President shall declare the causes of his calling the Assemblytogether. The sitting shall then be suspended or the House adjourneduntil that time.

Whenever the Speaker is granted leave of absence by theHouse or whenever the Assembly is informed by the Clerk of theunavoidable absence of the Speaker, the Deputy Speaker shallthereupon take the Chair and perform the duties and exercise theauthority of the Speaker during such absence until the Assemblyshall otherwise order.

If the house is informed by the Clerk that both the Speakerand the Deputy Speaker are absent, the Deputy Chairperson of theCommittees of the Whole House shall thereupon take the chairand perform the duties and exercise the authority of the Speakerduring such absence until the Assembly shall otherwise order.

If the House is informed by the Clerk that the Speaker,Deputy Speaker and the Deputy Chairperson of the Committeesof the Whole House are absent, the House shall at once proceedto elect one of its Members, to preside at that day's sitting, thequestion being put by the Clerk.

The Deputy Speaker or the Deputy Chairperson of the

Proclamationread, Memberssworn in

Time forPresidentaddressingAssembly

Absenceof Speaker

Absence ofboth Speakerand D/Speaker

Absence ofSpeaker,D/Speaker,andthe DeputyChairperson ofthe Committeesof the WholeHouse

D/Speaker, andD/Chairpersonof the Committeeof the WholeHouse to take

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Standing Orders 2005

Votes andProceedingsto be recorderdby Clerk anddistributed dailyRecords ofassembly

Custody ofvotes, recordsand documents

Dutiesof Clerk

Committees of the Whole House shall take the Chair wheneverrequested to do so by the Speaker during a sitting of the House.

12. (1) The Deputy Speaker shall be the Chairperson ofCommittees of the Whole House.

The Deputy Chairperson of Committees shall be theDeputy Chairperson of Committees of the Whole House

When the House is in committee, any member, otherthan the Vice-President, Minister, Deputy Minister or any memberholding or acting in any office prescribed by or under an Act ofParliament, may at the request of the Chairperson or DeputyChairperson of Committees take the Chair for a short time.

13. All Votes and Proceedings of the Assembly or of aCommittees of the whole Assembly shall be recorded by the Clerk,and the record shall be reproduced as the Votes and Proceedingsand distributed to members from day to day.

The Votes and Proceedings so reproduced after beingperused and signed by the Speaker, shall constitute the officialdaily record of proceedings of the Assembly.

The Clerk shall have the custody of all Votes and Proceedings,records and other documents belonging to the Assembly, and he orshe shall not take or permit to be taken any such Votes and Proceedings,records or other documents from the Chamber or offices without theexpress leave or order of the Assembly:

Provided that in the event of the Assembly being adjourned forany period longer than one week such leave may be given by theSpeaker, who shall report the fact to the House upon its reassembling.

16. The Clerk, to whom all correspondence shall be addressed,shall be responsible for the regulation of all matters connected withthe business of the Assembly, and shall have the direction andcontrol over all the officers employed by the Assembly, subject tosuch orders as he or she may from time to time receive from theSpeaker or the House.

Chair whenrequested bySpeakerChairperson ofCommittees

DeputyChairpersonof CommitteesMember totake Chair

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