Standing Orders 2005 STANDING ORDERS OF THE NATIONAL ASSEMBLY. Part I Public Business SHORT TITLE AND DEFINITIONS

Transcription

1 STANDING ORDERS OF THE NATIONAL ASSEMBLY SHORT TITLE Part I Public Business SHORT TITLE AND DEFINITIONS These rules of procedure of the House may be cited as the 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 the Constitution. (2) In these Standing Orders, unless the context otherwise requires `Assembly' or 'House' means the National Assembly or House and shall be deemed to include any committee, sub-committee or other groups or bodies of members or officers of the National Assembly appointed by or with the authority of such an Assembly for purposes of carrying out any function or representing the Assembly; `ballot box' means transparent ballot box; `Chairperson of Committees' means the Chairperson of the Committees of the Whole House and includes a Chairperson of Committees of the Whole House; `Chairperson of Committee' means any Chairperson of a Standing, Sessional, Select or Sub-Committee of the House; `Clerk' means the Clerk of the National Assembly and includes the Clerk, Assistant Clerk, and any other officer of the National Assembly when the latter are at the Table;

2 Cap I 'Constitution' means the Constitution of Zambia; *` Speaker' means the person elected in terms of Article 70 of the Constitution; `dissolution' means to bring to an end a term of Parliament followed by a general election; `Meeting' means all sittings of an Assembly held during a period beginning when the Assembly first sits after being summoned at any time and terminating when the Assembly is adjourned sine die or at the conclusion of a session; `member' means any member of the Assembly and includes the Speaker; `officer' means the Clerk or any other employee of the Assembly or person acting within the precincts of the Assembly Chamber under the orders of the Speaker; `petition' means a written plea presented to the Assembly; and includes all similar submissions whether relating to public or private matters of general policy, or to redress local or personal grievances; `precincts of the Assembly Chamber' means the Chamber in which the Assembly sits in session for transaction of business together with the offices, rooms, lobbies, galleries, courtyards, gardens, Assembly Motel and other places provided for the use of office accommodation of Members, officers or visitors, any passages connecting such places and any other places thereto as may be designated by the Speaker; `prorogation' means the end of a session of Parliament; `select committee' means an ad hoc Committee appointed for a specific task and stands dissolved at the end of the task; `Sergeant-at-Arms' means any person appointed to perform the duties and functions of the Sergeant-at-Arms; 2

3 *`session' means a period commencing when the assembly first meets after a general election or prorogation and ending when the Assembly is next thereafter prorogued or dissolved without having been prorogued; `sessional committee' means a committee appointed for a session of an Assembly; `sitting' means the period between the time when the Speaker takes 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 life of an Assembly; `Standing Orders' means Standing Rules and Orders of the Assembly as in force on the 24th October, 1964, and any orders or rules of procedure amending or replacing them made in pursuance of Article 86 of the Constitution; `Table' means Table of the House; `Speaker' includes the Speaker or any person presiding in 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

4 Standing Orders 2005 OPENING PROCEEDINGS PROCEDURE ON MEETING OF NEW ASSEMBLY Proclamation read *3. The Clerk shall read the proclamation after the members have assembled at the time and place appointed in the President's proclamation on the first day of the meeting of the new Assembly. PROCEEDINGS ON MEETING OF NEW ASSEMBLY Meeting of a new Assembly (1) The new Speaker shall be elected when the House first meets after any general election and before the House proceeds with the dispatch of any other business. (2) If the office of Speaker falls vacant at any time before the next dissolution of the National Assembly, no business shall be transacted by the House until the election of the new Speaker. Election of Speaker, Speaker and Chairperson of Committees of the Whole House (1) The House shall, as soon as a quorum of the House is present, proceed to elect a Speaker and, until the Speaker is elected, the Clerk shall act as presiding officer. When a quorum of the House is present, the Clerk shall direct for the division bells to be rung for four minutes. At the end of a further period of one minute, the Clerk shall direct the Bar to be closed and doors locked, and no member shall, thereafter, enter or leave the Chamber until the elections of the Speaker, Speaker and Chairperson of Committees 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 of Speaker shall be entered upon nomination papers obtained from and handed to the Clerk at least forty-eight hours before the time appointed at which the House is to meet to elect the Speaker, and shall be accompanied in each case by the signatures of two members who support the candidate and a declaration by them that the candidate is willing to serve and, when the candidate is not a member, is qualified to be elected under Article 69 (1) of the Constitution of Zambia. 4

5 The Clerk shall prepare, at least one hour before the meeting of the House, ballot papers upon which shall be shown the names of all candidates validly nominated under paragraph two of this Standing Order, and shall issue not more than one such paper to each member who comes to the Table to obtain it: Provided that a member who, before the conclusion of the ballot, has marked his or her papers in error may, by returning it to the Clerk, obtain another in its place, and the Clerk shall immediately cancel and destroy the paper so returned. Every member who wishes to vote shall mark his or her ballot paper by placing a cross (and no other writing or signature), in the space opposite the name of the candidate for whom he/she wishes to vote. The Clerk shall, at the commencement of each ballot, cause the ballot box, empty and unlocked, to be displayed to the House and shall then, in the presence of the House, lock the ballot box, which shall thereafter until the conclusion of the ballot the box be kept in the full view of the House. When it appears to the Clerk that all members who are present and who wish to vote have placed their ballot papers in the ballot box, the Clerk shall unlock the box, examine the ballot papers cast, having rejected those unmarked or marked otherwise than as prescribed in paragraph (4) of this Standing Order, report the result of the ballot, and no member who has not already recorded his/her vote shall be entitled to do so after the Clerk has unlocked the ballot box. Where at any ballot between two nominees the votes are equal, another ballot shall be held. A person shall not be elected Speaker, unless he or 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 event of any such withdrawal, the Clerk shall cross the name of that candidate off any ballot papers issued for that or any subsequent ballot.

6 Standing Orders 2005 Notwithstanding anything to the contrary contained in this Standing Order, if there is only one candidate who has been duly nominated, that candidate shall be declared forthwith to have been elected Speaker, without any ballot or vote being required. The Speakerelect takes the Chair Where the Speaker has been elected under this Standing Order, the Speaker's proposer and seconder shall rise and go out of the Chamber to the Speaker-elect and, leading him or her by the hand through the main door, shall conduct him or her to the Chair. The Speaker-elect shall rise and say, 'In accordance with tradition, I rise to submit myself to the will of the House'. From the upper step of the Chair, the Speaker-elect shall express his or her acknowledgment of the honour done to him or her, and then suspend business for five minutes to permit him or her to robe. (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 shall place the Mace in the upper brackets on the Table. The Leader of the House or, in his absence, a Minister shall rise and congratulate the Speaker-elect on his or her election. Election of Speaker and Chairperson of Committees of the Whole House *(14) After the election of the Speaker, the House shall proceed to elect a Speaker and a Chairperson of the Committee of the Whole House, by secret ballot. Presidential The Speaker-elect, accompanied by his or her proposer and seconder and other members of the House, shall, as soon as may be, present himself or herself to the President for presidential approbation and shall take and subscribe the oath. On his or her return, he or she shall report these facts to the Assembly. The Speaker and members shall then take and subscribe the oath or affirmation of allegiance. approbation and members sworn in Adjournment of the House. Time for President addressing Assembly The process for electing the Speaker shall apply when electing the Speaker and the Chairperson of the Committees of the Whole House. (17) When all the Members have taken or subscribed the oath the House then adjourns until the time the President will address the House. 6

7 OFFICERS OF THE ASSEMBLY PROCEEDINGS ON MEETING FOR NEW SESSION NOT BEING THE MEETING OF A NEW ASSEMBLY *6. On the first day of the meeting of an Assembly, for the dispatch of business pursuant to the President's proclamation, members having met at the time and place appointed, the Clerk shall read the proclamation. Members returned or nominated since the last adjournment of the Assembly shall, where necessary, take and subscribe the oath or affirmation of allegiance. 7. After taking and subscribing of the oath or affirmation of allegiance, the Leader of Government Business in the House, Minister or Minister shall inform the House at what time the President shall declare the causes of his calling the Assembly together. The sitting shall then be suspended or the House adjourned until that time. Whenever the Speaker is granted leave of absence by the House or whenever the Assembly is informed by the Clerk of the unavoidable absence of the Speaker, the Speaker shall thereupon take the Chair and perform the duties and exercise the authority of the Speaker during such absence until the Assembly shall otherwise order. If the house is informed by the Clerk that both the Speaker and the Speaker are absent, the Chairperson of the Committees of the Whole House shall thereupon take the chair and perform the duties and exercise the authority of the Speaker during such absence until the Assembly shall otherwise order. If the House is informed by the Clerk that the Speaker, Speaker and the Chairperson of the Committees of the Whole House are absent, the House shall at once proceed to elect one of its Members, to preside at that day's sitting, the question being put by the Clerk. The Speaker or the Chairperson of the Proclamation read, Members sworn in Time for President addressing Assembly Absence of Speaker Absence of both Speaker and D/Speaker Absence of Speaker, D/Speaker,and the Chairperson of the Committees of the Whole House D/Speaker, and D/Chairperson of the Committee of the Whole House to take 7

8 Chair when requested by Speaker Chairperson of Committees Chairperson of Committees Member to take Chair Votes and Proceedings to be recorderd by Clerk and distributed daily Records of assembly Custody of votes, records and documents Committees of the Whole House shall take the Chair whenever requested to do so by the Speaker during a sitting of the House. 12. (1) The Speaker shall be the Chairperson of Committees of the Whole House. The Chairperson of Committees shall be the Chairperson of Committees of the Whole House When the House is in committee, any member, other than the Vice-President, Minister, Minister or any member holding or acting in any office prescribed by or under an Act of Parliament, may at the request of the Chairperson or Chairperson of Committees take the Chair for a short time. 13. All Votes and Proceedings of the Assembly or of a Committees of the whole Assembly shall be recorded by the Clerk, and the record shall be reproduced as the Votes and Proceedings and distributed to members from day to day. The Votes and Proceedings so reproduced after being perused and signed by the Speaker, shall constitute the official daily 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 or she shall not take or permit to be taken any such Votes and Proceedings, records or other documents from the Chamber or offices without the express leave or order of the Assembly: Provided that in the event of the Assembly being adjourned for any period longer than one week such leave may be given by the Speaker, who shall report the fact to the House upon its reassembling. Duties of Clerk 16. The Clerk, to whom all correspondence shall be addressed, shall be responsible for the regulation of all matters connected with the business of the Assembly, and shall have the direction and control over all the officers employed by the Assembly, subject to such orders as he or she may from time to time receive from the Speaker or the House. 8