Understanding The Legislative Process In Zambia

The process of a bill becoming a law in Zambia is enshrined in the country's constitution, with Parliament deriving its authority to legislate from Article 61. The legislative process involves several stages, including the first reading, second reading, committee stage, report stage, third reading, and presidential assent.

During the first reading, a bill is introduced in the National Assembly by a Member of Parliament or a Minister. After the first reading, the Speaker refers the bill to a relevant committee. The second reading involves a detailed debate on the bill's underlying principle, during which the responsible member reads a prepared speech explaining the bill's implications. Following this, the bill is examined in detail during the committee stage, which is chaired by the First or Second Deputy Speaker. The report stage allows for additional amendments to the bill if they were not moved at the previous stage.

The third reading stage involves reviewing the bill in its final form without any debate. A bill to amend the Constitution requires a two-thirds majority support at this stage. After the third reading, the bill is presented to the President for assent. The President has 21 days to assent, and if they do not, the bill is returned to the National Assembly for reconsideration. A bill becomes an Act of Parliament when the President assents and it is published.

The legislative process

During the First Reading, a bill is introduced in the National Assembly by a Member of Parliament or Minister. It is then referred to a select committee to be considered in more detail, which typically takes up to six months. The select committee usually invites public submissions and holds hearings to listen to those who have made submissions. After this, the select committee prepares a report containing recommended changes (known as amendments) and a commentary explaining these changes.

The Second Reading involves debating the main principles of the bill and any changes recommended by the select committee. Members can only speak once, unless they are clarifying a point or responding to a misquote. The initiator of the bill has the right to end the debate. If the bill receives majority support, it is read a second time.

During the Committee Stage, the bill is examined in detail, clause by clause. Members can speak more than once and introduce amendments compatible with the bill. This stage is chaired by the First Deputy Speaker or Second Deputy Speaker.

The Report Stage is similar to the Committee Stage, but only additional amendments that were not moved at the previous stage are considered.

If the bill has not been amended during the Committee Stage, the process moves directly to the Third Reading. Members can propose further amendments with prior notice. The bill is then reviewed in its final form without any debate. A constitutional amendment bill requires at least two-thirds majority support at this stage.

After the Third Reading, the bill is presented to the President for assent. The President has 21 days to assent to the bill. If the President withholds assent, the bill is returned to the National Assembly for reconsideration. Once the President assents, the bill becomes an Act of Parliament and is effective immediately upon publication in the Government Gazette.

The law-making process in Zambia

During the First Reading, a bill is introduced in the National Assembly by a Member of Parliament or Minister. The bill is then published in the Government Gazette for at least 30 days before the First Reading if it is a bill to amend the Constitution. After the First Reading, the Speaker refers the bill to a relevant committee.

The Second Reading involves a detailed debate on the principle behind the bill, where the member responsible for the bill reads a prepared speech outlining its implications and advantages/disadvantages. A general debate follows, informed by the committee's report. Members can only speak once, unless they are clarifying a point or responding to a misquote. If the bill receives majority support, it is read a second time.

During the Committee Stage, the bill is examined in detail, clause by clause. Members can speak more than once and introduce amendments compatible with the bill. This stage is chaired by the First or Second Deputy Speaker.

The Report Stage is similar to the Committee Stage, but only additional amendments that were not moved at the previous stage are considered. If the bill has not been amended, the process proceeds to the Third Reading.

The Third Reading involves reviewing the bill in its final form, with no debate. A bill to amend the Constitution requires at least two-thirds majority support at this stage.

After the Third Reading, the bill is presented to the President for assent. The President has 21 days to assent, after which the bill becomes an Act of Parliament and is effective immediately upon publication in the Government Gazette. If the President withholds assent, the bill is returned to the National Assembly for reconsideration.

The role of the Speaker

The Speaker of the National Assembly plays a crucial role in the legislative process of Zambia. The Speaker is responsible for referring a Bill to the relevant committee after the First Reading. They also play a key role in the event of a dispute regarding whether the 'AYES' or 'NOES' are in the majority, as they are tasked with calling for a Division.

The Speaker is elected by the Members of Parliament from a list of names submitted by the political parties holding seats in the National Assembly. To be eligible for this position, the Speaker must be a citizen of Zambia by birth or descent, have been ordinarily resident in Zambia, be at least 35 years old, and meet other criteria. The Speaker's role also includes presiding over the sittings of the National Assembly and ensuring that the business of the House is conducted in an orderly manner. They are responsible for appointing dates for the first sitting of the National Assembly after a general election and for summoning a sitting of the House when requested by the President or a certain number of Members of Parliament.

In addition, the Speaker plays a crucial role in the removal of a Member of Parliament. If a Member of Parliament is alleged to have violated the Constitution, committed gross misconduct, or become incapable of performing their duties due to a mental or physical disability, the Speaker is responsible for suspending them from office and referring the matter to a parliamentary committee for investigation. The Speaker also has the power to remove a Member of Parliament from office if the required majority of Members of Parliament support such a decision.

Furthermore, the Speaker is responsible for informing the Electoral Commission about any vacancies in the National Assembly, triggering the process for holding a by-election. They also play a role in the event of a vacancy in the office of the President, where they may perform certain executive functions until a new President assumes office.

The role of the Deputy Speakers

The Deputy Speakers of Zambia's National Assembly play a crucial role in the legislative process and the functioning of the Assembly. There are two Deputy Speakers: the First Deputy Speaker and the Second Deputy Speaker. The Deputy Speakers are granted a seat in the Assembly, along with the Speaker and the Vice President.

The Deputy Speakers have specific responsibilities during the legislative process, particularly at the Committee Stage when a Bill is being considered by the Committee of the whole House. The First Deputy Speaker or the Second Deputy Speaker chairs this stage, ensuring a thorough examination and detailed scrutiny of the Bill. This stage involves going through the Bill clause by clause, allowing members to speak more than once and propose amendments that are compatible with the Bill. The Deputy Speakers' role in chairing this stage is essential to maintain order and facilitate a productive discussion.

Additionally, the Deputy Speakers have broader responsibilities within the National Assembly. One of the Deputy Speakers is elected from outside the National Assembly, while the other is chosen from among the elected members of the House. This ensures a diverse perspective and representation in the Assembly's leadership. The Deputy Speakers support the Speaker in maintaining the decorum and smooth functioning of the Assembly, stepping in when the Speaker is absent or unable to preside over the proceedings. They are also responsible for representing the Assembly on various occasions and engaging with members and stakeholders.

Presidential assent and referral

Once a bill is presented to the President for assent, the President has 21 days to either:

• Assent to the Bill
• Refer the Bill to the National Assembly for reconsideration, indicating any reservations about the Bill.

If the President refers the Bill to the National Assembly for reconsideration, the National Assembly can then either:

• Amend the Bill, taking into account the President's reservations
• Pass the Bill without amendment, with a two-thirds majority vote.

If the National Assembly passes the Bill with amendments, the Speaker will submit the Bill to the President for assent. If the National Assembly passes the Bill without amendments, the Speaker will resubmit the Bill to the President within 7 days, and the President will have 7 days to assent to the Bill.

If the President does not assent to a Bill within the prescribed time periods, the Bill will be considered assented to upon the expiry of those periods.

Frequently asked questions