The Transitional Period And Inauguration Of President

THE TRANSITIONAL PERIOD AND INAUGURATION
OF PRESIDENT ACT, 2016
A RRANGEMENT OF SECTIONS
PART I
PRELIMINARY P ROVISIONS
Section
1. Short title
2. Interpretation
3. Application
4. Guiding principles
PART II
ESTABLISHMENT OF P RESIDENTIAL I NAUGURATION C OMMITTEE
5. Establishment of Presidential Inauguration Committee
6. Functions and powers of Committee
7. Sub committees
8. Procedure of Committee
PART III
ADMINISTRATIVE AND S ECURITY P ROCEDURES D URING
TRANSITIONAL P ERIOD
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 S WEARING -IN C EREMONY
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 P ERIOD ON D EATH OF P RESIDENT IN O FFICE
19. Death of President while in office
20. Approval of programme for State Funeral
21. Report to National Assembly
Transitional Period and Inauguration
of President [No.

ent while in office
20. Approval of programme for State Funeral
21. Report to National Assembly
Transitional Period and Inauguration
of President [No.

32 of 2016 663
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K24.00 each.

Transitional Period and Inauguration
of President664 No. 32 of 2016]
PART VI
GENERAL PROVISIONS
22. Reports of Committee
23. Management of information and records

Period and Inauguration
of President664 No. 32 of 2016]
PART VI
GENERAL PROVISIONS
22. Reports of Committee
23. Management of information and records

Transitional Period and Inauguration
of President [No. 32 of 2016 665
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
ENACTED by the Parliament of Zambia. PART I
PRELIMINARY P ROVISIONS
1. This Act may be cited as the Transitional Period and
Inauguration of President Act, 2016. 2.

e Parliament of Zambia. PART I
PRELIMINARY P ROVISIONS
1. This Act may be cited as the Transitional Period and
Inauguration of President Act, 2016. 2.

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 five;
Enactment
Short title
Interpretation
Cap. 1
GOVERNMENT OF ZAMBIA
ACT
No. 32 of 2016
Date of Assent: 6th June, 2016

ed in accordance with section five;
Enactment
Short title
Interpretation
Cap. 1
GOVERNMENT OF ZAMBIA
ACT
No. 32 of 2016
Date of Assent: 6th June, 2016

Cap. 1
Cap. 1
Cap. 1
Cap. 1
“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.

dent 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.

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. The Committee shall, in the performance of its functions,
be guided by the values and principles set out in Article 173 of the
Constitution. Application
Cap. 1
Guiding
principles
Cap. 1
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Transitional Period and Inauguration
of President

in Article 173 of the
Constitution. Application
Cap. 1
Guiding
principles
Cap. 1
666 No. 32 of 2016]
Transitional Period and Inauguration
of President

Transitional Period and Inauguration
of President [No. 32 of 2016 667
PART II
ESTABLISHMENT OF P RESIDENTIAL I NAUGURATION C OMMITTEE
5. (1) There is established the Presidential Inauguration
Committee.

o. 32 of 2016 667
PART II
ESTABLISHMENT OF P RESIDENTIAL I NAUGURATION C OMMITTEE
5. (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.

Force Commander;
(s) the Zambia National Service Commandant;
(t) the Clerk of the National Assembly; and
(u) the Chief Administrator of the Judiciary.

Establishment
of
Presidential
Inauguration
Committee

Establishment
of
Presidential
Inauguration
Committee

668 No. 32 of 2016]
Transitional Period and Inauguration
of President
(3) The Chairperson of the Committee shall convene the first
meeting of the Committee sixty 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) Eleven members of the Committee shall form a quorum at
a meeting of the Committee. 6.

by a member shall not
affect the decisions of the Committee. (6) Eleven members of the Committee shall form a quorum at
a meeting of the Committee. 6.

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.

ten 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.

Functions
and powers
of
Committee

Functions
and powers
of
Committee

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of President [No. 32 of 2016 669
7. (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. 8. Except as otherwise provided in this Act, the Committee
may determine its own procedure for and at its meetings. PART III
ADMINISTRATIVE AND S ECURITY P ROCEDURES D URING
TRANSITIONAL P ERIOD
9. The administration of the affairs of the Government during
the transitional period shall be in accordance with the Constitution,
this Act and any other written law. 10.

of the affairs of the Government during
the transitional period shall be in accordance with the Constitution,
this Act and any other written law. 10.

(1) Where a second ballot is to be held for a presidential
election as provided in Article 101 (3) of the Constitution, the
Chairperson of the Committee shall, within seven days of the
declaration of the election results, meet separately with the
presidential candidates who obtained—
(a) the highest and second highest number of valid votes
cast in the initial ballot; or
(b) an equal number of the valid votes cast in the initial ballot,
being the highest votes amongst the presidential
candidates that stood for election to the office of
President. (2) A presidential candidate specified in subsection(1) shall, at
a meeting held in accordance with that subsection, inform the
Chairperson of the Committee of the names of the persons the
Committee shall liaise with for purposes of ensuring an orderly
transition period before the taking of the second ballot, the period
after the taking of the second ballot and before the swearing-in
ceremony. (3) The Chairperson of the Committee shall ensure that
adequate security is provided in accordance with section eleven to
both presidential candidates and their running mates.

e Committee shall ensure that
adequate security is provided in accordance with section eleven to
both presidential candidates and their running mates.

Sub-
committees
Procedure of
Committee
Administration
during
transitional
period
Cap. 1
Transitional
provisions
pending
second
ballot
Cap. 1

Sub-
committees
Procedure of
Committee
Administration
during
transitional
period
Cap. 1
Transitional
provisions
pending
second
ballot
Cap. 1

670 No. 32 of 2016]
Transitional Period and Inauguration
of President
11. When the final results of a presidential election are declared
by the Commission in accordance with Article 101 of the Constitution
and the Electoral Process Act, 2016, the Committee shall ensure
that the President-elect and Vice-President-elect are accorded full
security for their persons and that of their families. 12. The security and intelligence services shall provide the
outgoing President and President-elect with appropriate security
and intelligence briefings on a daily basis until the President-elect is
sworn in as President. 13. The President-elect shall, in consultation with the
Committee, carry out such activities or give such instructions as
may be necessary to ensure an orderly transition of government
and assumption to office of the President-elect. PART IV
T HE S WEARING-IN C EREMONY
14. (1) The swearing-in of the President-elect shall be
conducted in a public ceremony held in the capital city in accordance
with Article 105 of the Constitution. (2) The Committee shall publish, by notice in the Gazette, the
date and place for the swearing-in ceremony. 15.

with Article 105 of the Constitution. (2) The Committee shall publish, by notice in the Gazette, the
date and place for the swearing-in ceremony. 15.

(1) The President-elect shall, during the swearing-in
ceremony, take and subscribe to the oath of office. (2) The oath specified in subsection (1) shall be administered
by the Chief Justice or, in the absence of the Chief Justice, the
Deputy Chief Justice. 16. (1) The out-going President shall, immediately after the
President-elect is sworn in, hand over to the President the following
instruments of power and authority:
(a) the Constitution;
(b) the National Flag; and
(c) the Presidential Standard. (2) This section does not apply where the incumbent is re-
elected into office. 17. The Vice-President-elect shall take and subscribe to the
oath of office. Security
detail
Cap. 1
Act No. of
2016
Security
briefing
Preparation
for
assumption
of office and
provision of
information
Swearing-in
ceremony
Cap. 1
Taking of
oath
Handing
over of
instruments
of power
and
authority
Cap. 1
Swearing-in
of Vice-
President-
elect

information
Swearing-in
ceremony
Cap. 1
Taking of
oath
Handing
over of
instruments
of power
and
authority
Cap. 1
Swearing-in
of Vice-
President-
elect

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of President [No. 32 of 2016 671
18. The President shall give an inauguration speech to the
Nation after being sworn in. PART V
TRANSITIONAL P ERIOD ON D EATH OF P RESIDENT IN O FFICE
19. (1) Where the President dies in office thereby creating a
vacancy in the office of the President, as specified in Article 106
(4) of the Constitution, and the Vice-President is able to assume
the office of President, the Vice-President shall immediately assume
the office of President in accordance with Article 106(5)(a) of the
Constitution and the provisions of this Part shall apply. (2) The President shall, within twelve hours of assuming office,
as specified in subsection (1), make a public announcement of the
death of the former President to the nation and inform the nation
that in accordance with Article 106 of the Constitution, the Vice-
President assumes office immediately for the unexpired term of
office.

m the nation
that in accordance with Article 106 of the Constitution, the Vice-
President assumes office immediately for the unexpired term of
office.

(3) Despite this section, where the Vice-President is unable to
assume office for any reason, the provisions of Article 106 (5) (b)
of the Constitution shall apply and the Speaker shall make a public
announcement of the death of the President to the Nation and
inform the Nation that in accordance with Article 106 of the
Constitution, the Speaker shall perform the executive functions in
accordance with that Article and an election shall be held within
sixty days from the date the then President died. (4) The President or the Speaker, as the case may be, shall
immediately direct the Secretary to the Cabinet to commence
arrangements for the State Funeral. (5) The Secretary to the Cabinet shall, immediately on being
directed by the President or Speaker, as provided in subsection (5),
call for a meeting of the Committee to immediately plan for the
State Funeral. 20. (1) The President shall, within twenty-four hours of
assuming office, call upon the Secretary to the Cabinet to present
the programme for the State Funeral to the President. (2) The President shall approve the programme for the State
Funeral and the funds to be spent on the expenses related to the
State Funeral.

President. (2) The President shall approve the programme for the State
Funeral and the funds to be spent on the expenses related to the
State Funeral.

Inauguration
speech
Death of
President
while in office
Cap. 1
Cap. 1
Cap. 1
Cap. 1
Cap. 1
Approval of
programme
for State
Funeral

Inauguration
speech
Death of
President
while in office
Cap. 1
Cap. 1
Cap. 1
Cap. 1
Cap. 1
Approval of
programme
for State
Funeral

672 No. 32 of 2016]
Transitional Period and Inauguration
of President
(3) The President shall authorise the Secretary to the Cabinet
to make such intermittent announcements to the nation related to
the State Funeral as may be necessary to ensure a peaceful and
orderly State Funeral. 21. The Vice-President shall, at the sitting of the National
Assembly next after the death of the President, submit a report on
the death of the President and the State Funeral, including a
statement on the expenditures incurred for the State Funeral. PART VI
GENERAL PROVISIONS
22. (1) The Committee shall, within a period of one month
from the date of the swearing-in of the President-elect, cause to be
prepared a report on the affairs of the Committee. (2) The Committee shall submit to the Vice-President the report
prepared under subsection (1) who shall lay it before the National
Assembly at the sitting of the National Assembly next after the
swearing-in ceremony.

epared under subsection (1) who shall lay it before the National
Assembly at the sitting of the National Assembly next after the
swearing-in ceremony.

(3) The report shall contain, in respect of the assumption of
office by the President-elect under this Act—
(a) the financial statements of the Committee;
(b) a description of the activities of the Committee;
(c) such other statistical information as the Committee
considers appropriate relating to its mandate; and
(d) any other information relating to its functions that the
Committee considers necessary. 23. (1) The Committee shall publish and publicise all important
information within its mandate affecting the Nation. (2) A request for information in the public interest by a
citizen—
(a) shall be addressed to the chairperson or such other person
as the Committee may for that purpose designate;
(b) may be subject to the payment of a reasonable fee in
instances where the Committee incurs an expense in
providing the information; and
(c) may be subject to confidentiality requirements of the
Committee. Report to
National
Assembly
Reports of
Committee
Management
of
information
and records

ay be subject to confidentiality requirements of the
Committee. Report to
National
Assembly
Reports of
Committee
Management
of
information
and records

Transitional Period and Inauguration
of President [No. 32 of 2016 673
(3) The Committee may decline to give information to an
applicant where—
(a) the disclosure of such information is undesirable in the
public interest;
(b) the information requested is at a deliberative stage by the
Committee;
(c) the applicant fails to pay the prescribed fee; or
(d) the applicant fails to satisfy confidentiality requirements
by the Committee.
(4) Every member and staff assigned to the Committee shall
sign a confidentiality agreement.

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