What will happen to Vice president when Parliament dissolves?

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Veep and CabinetBy Isaac Mwanza

What does Article 111 clause 4 (c) of the Constitution mean on the Vice President, especially Madam Wina, after Parliament is dissolved by virtue of Article 81 being referred to? Is she the only one who will not remain in her office after dissolution of Parliament while Ministers hide under Article 116 clause 3 (e) that they can only vacate office when another President is sworn in or she will also hide under Article 111 clause 2?

Here are the clauses for those who don’t like reading:

111 (4) (c) The office of Vice-President becomes vacant if the Vice President otherwise ceases to hold office under Article 81,… (when Parliament stands dissolved)

116 (3) (e) The office of Minister becomes vacant if another person assumes the office of President

111 (2) A Vice-President shall hold office from the date the Vice President-elect is sworn into office and ending on the date the next President-elect is sworn into office.

In my understanding the provisions of Article 111(2) will take more precedence on the Vice President and allow her to remain in office even though the Constitution, in Article 111 (4)(c) says her Vice President otherwise ceases to hold office under Article 81 (when Parliament stands dissolved).

I wish late President Sata was alive and in opposition at this point, heads would have been rolling, capitalising on Article 111 (4)(c) to ask the Vice President to vacate office when Parliament is dissolved in accordance with article 81 since Ministers are also relying on the vacation clause to remain in office. Even more so, LAZ would probably have been giving a clear direction.

Bane, these Ministers just have to go when Parliament is dissolved. They can’t hide under Article 116 (3)(e) because a good opposition challenge would also point to Article 111 (4)(c) to challenge the Vice President remaining in office after dissolution.

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12 Responses to What will happen to Vice president when Parliament dissolves?

  1. These useless and confusing rules , articles , clauses in constitutions have led to conflict in other countries because they become subject to personal interpretation . What LAZ saying ? I am asking even though they are toothless . PSs supervised by the President run ministries until new govt is formed . Current ministers including the VP should vacate their offices on dissolution of parliament so that they go out and campaign freely for their party (s) without abuse of Govt resources . Looting upon sensing defeat can also be avoided .

    coco
    May 8, 2016 at 11:16 am
    Reply

    • “Dr Simbyakula, who was speaking during the second reading of the bill, also said ministers will serve in their positions until a new republican president is elected”. Lusaktimes.com 5 May 2016.

      How do they continue up to August (or September if Second Round is needed) when parliament from which they qualified to be appointed as tu ma Ministers is dissolved?

      This is a bad constitution then. Already G12 is a simmering issue now you want to confuse us more by adding another contentious issue of cabinet continuing beyond parliamentary mandate!

      Let Lungu not dissolve parliament then. Or is Simbyakula suggesting 50+ Ministers/Deputies will continue as Ministers assumed to have all been appointed/nominated outside parliament?
      They were appointed from parliament & as such should go with dissolution of parliament. Veep can remain as per tradition.

      Government can still function without ministers. That’s why Permanent Secretaries are there. How did Gen Buhari run populous(180 million people) Nigeria without Ministers for over 6 months after being sworn in? What more with Ka samll Zambia with less than 15 million people & for a period less than 3 months only? Immediately Gen Buhari appointed Ministers problems crept in : fuel shortages with queues never seen before.

      Let the Tu Ministers go even together with the Veep ,like Mandela would say, if needs be!

      Neutral
      May 9, 2016 at 11:38 am
      Reply

      • Unfortunately the Dr erred when interpreting the law. Article 81 is clear and states “81. (1) The term of Parliament shall be five years commencing
        from the date that the Members of Parliament are sworn into office
        after a general election and ending on the date that Parliament is
        dissolved.” A minister is appointed from Parliament and when it is dissolved what other purpose will he/she be serving and with whose authority? In addition “116. (1) The President shall appoint a prescribed number of Members of Parliament as Ministers.” This means when Parliament is dissolved all persons appointed as Cabinet minister will cease to be referred to as such because all ministers come from inside parliament. Hope this interpretation is clear.

        Talking Sense
        May 10, 2016 at 10:03 am
        Reply

  2. So you’re insinuating that when parliament is dissolved the Country governing bodies shuts down ?
    How pathetic

    GBM
    May 8, 2016 at 1:03 pm
    Reply

  3. These lawyers we have both in the so called technical comittee and in government are simply no good. How can such inconsistences be allowed in the constition? Even president Lungu is a Lawyer but sighned the defective articles into law despite advice against such for example by general Miyanda. Shame

    True Blue
    May 8, 2016 at 4:32 pm
    Reply

  4. She will remain a treacherous woman

    Kata
    May 9, 2016 at 3:37 pm
    Reply

  5. All Ministers as well as the Vice President will cease to be Ministers and Veep when Parliament is dissolved.This is so because they are Civil Servants who should resign so that they go back to their areas to campaign for the forthcoming elections.The clause that says Ministers should be elected by the people was removed.This clause was supposed to support 116 (3) (e) for Ministers and 116 (2)for the Vice President.Now that this clause is not there the Veep and her Ministers should start parking and leave their offices as soon as Parliament is dissolved.Chapwa.

    Blackie62
    May 9, 2016 at 8:30 pm
    Reply

    • They are not civil servants but pure political appointees. Civil servants start at permanent secretary going down. By virtue of parliament being dissolved, all ministers including the veep loose their appointment

      peter njobvu
      May 10, 2016 at 7:09 am
      Reply

  6. WE ZAMBIANS ARE OUR OWN ENEMIES WHY DID WE SIDE LINE THE LIKES OF JOHN SANGWA, MUNA NDULO, MICHELO HANSUNGULE IN DRAFTING OUR CONSTITUTION?? WITH ALL THESE LACUNA’S IT MEAN WE CONSTITUTE ANOTHER “TECHNICAL COMMITTEE”???

    TOLILO
    May 10, 2016 at 9:42 am
    Reply

  7. MY CONCLUSION IS THAT MA LAWYERS BA PUSANA BENA NI BA USELESS!!

    TATE
    May 10, 2016 at 9:46 am
    Reply

  8. Unfortunately the Dr erred when interpreting the law. Article 81 is clear and states “81. (1) The term of Parliament shall be five years commencing
    from the date that the Members of Parliament are sworn into office
    after a general election and ending on the date that Parliament is
    dissolved.” A minister is appointed from Parliament and when it is dissolved what other purpose will he/she be serving and with whose authority? In addition “116. (1) The President shall appoint a prescribed number of Members of Parliament as Ministers.” This means when Parliament is dissolved all persons appointed as Cabinet minister will cease to be referred to as such because all ministers come from inside parliament. Hope this interpretation is clear.

    Talking Sense
    May 10, 2016 at 10:09 am
    Reply

  9. Wait a minute! Hold your breath! you will be with lungu and PF for another 5 years.

    Assage
    May 10, 2016 at 12:13 pm
    Reply

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