Procedure for Removal of Presidential Immunity


The August 12, 2021 produced a Hang Parliament. There is no party that can claim to have two-thirds majority. The Zambian Parliament has a total of 156 Seats and 10 Nominated Members of Parliament by the Republican President. Currently the United Party for National Development has 82 Members of Parliament, the Patriotic Front has 62, the Party for National Unity and Progress has 1 and 11 Independent Members of Parliament. Therefore two-thirds majority stands at about 104 Members of Parliament

According to the Constitution of Zambia Amendment Act No 2 of 2016 Article 98 stipulates from clause

(5) When there is “Prima facie” evidence that a person who held the office of President or who performed executive functions committed an offence whilst in office or during the period that person performed executive functions, the President shall submit a report, outlining the grounds relating to the offence allegedly committed, to the National Assembly, requesting the National Assembly to remove the immunity from criminal proceedings of that person

(6) Where the National Assembly receives a report, submitted in accordance with clause (5), the National Assembly shall constitute a select committee to scrutinize the grounds submitted and determine whether or not there is a “prima facie” case, based on the grounds submitted, that warrants the removal of the immunity from criminal proceedings, and recommend it’s decision to the National Assembly.

(7) The person who held the office of President or who performed executive functions has the right to appear, be represented and be heard before the select committee constituted under clause (6)

(8) Where the select committee, constituted under clause (6) recommends the removal of immunity from criminal proceedings from the person who held office of President or who performed executive functions, the National Assembly may remove the immunity in respect of the alleged offence, by a resolution supported by a vote of not less than two-thirds of the Members of Parliament

(9) Where immunity is removed, in accordance with clause (8), the person who held the office of President or who performed executive functions, shall be charged with the offence for which the immunity from criminal proceedings was removed

(10) Where a court acquits the person who held the office of President or who performed executive functions, of an offence for which that person’s immunity from criminal proceedings was removed, the immunity of that person shall, for all purposes, be deemed not have been removed, without further proceedings.

(11) The process for the removal of immunity, provided for under this Article shall not apply to an impeachable offence under Article 108.

Clearly the Constitutional Amendment Act No 2 of 2016 does try it’s utmost to preserve the dignity of former office bearers of the office of President by providing for a lengthy process to have the Presidential Immunity Removed

Published by MyWritings

A Writer, A Diplomat in Waiting, Climate Change Advocate and a Football Administrator

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