NATIONAL CONSTITUTIONAL CONFERENCE ACT: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
National Constitutional Conference Act (Commencement) Order, 2007
National Constitutional Conference (Committees) Regulations, 2008
National Constitutional Conference (Procedure) Rules, 2008
National Constitutional Conference (Disciplinary Committee Proceedings) Rules, 2008
National Constitutional Conference (Extension of Duration of Conference) Order, 2009
NATIONAL CONSTITUTIONAL CONFERENCE ACT (COMMENCEMENT) ORDER, 2007
[Section 1]
Arrangement of Paragraphs
Paragraph
1. Title
2. Commencement of act No. 19 of 2007
SI 68 of 2007.
This Order may be cited as the National Constitutional Conference Act (Commencement) Order, 2007.
2. Commencement of act No. 19 of 2007
The National Constitutional Conference Act, 2007, shall come into operation on the date of publication of this Order.
NATIONAL CONSTITUTIONAL CONFERENCE (COMMITTEES) REGULATIONS, 2008
[Section 33]
Arrangement of Regulations
PARTI
PRELIMINARY
Regulation
1. Title
2. Interpretation
PART II
ESTABLISHMENT OF COMMITTEES OF CONFERENCE
3. Establishment of committees
4. Composition of committees
5. Powers and functions of committees
6. Subcommittees
7. Chairpersons of committees
PART III
PROCEEDINGS OF COMMITTEES
8. Proceedings committees
9. Disorder in committees
10. Services of experts and consultants
11. Giving of evidence before committee
12. Written submissions
13. Rejection of evidence
14. Relevance of questions
PART IV
REPORTS OF COMMITTEES
15. Report of committee
16. Consideration of reports
17. Repots to be signed
18. Confidentiality of reports
19. Presentation of reports
20. Adoption of report
SI 24 of 2008.
PARTI
PRELIMINARY
These Regulations may be cited as the National Constitutional Conference (Committee) Regulations, 2008.
In these Regulations, unless the context otherwise requires–
“Act” means the National Constitutional Conference Act, 2007;
“Chairperson” has the meaning assigned to it in the Act;
“Commission” has the meaning assigned to it in the Act;
“Committee” means the National Constitutional Conference established under the Act;
“Secretary” means the Secretary to the Conference; and
“Vice-Chairperson” has the meaning assigned to it in the Act.
PART II
ESTABLISHMENT OF COMMITTEES OF CONFERENCE
3. Establishment of committees
(1) The following committees are hereby established for purposes of the Conference–
(a) the General Constitutional Principles Committee;
(b) the Citizenship Committee;
(c) the Human Rights Committee;
(d) the Democratic Governance Committee;
(e) the Executive Committee;
(f) the Legislative Committee;
(g) the Judicial Committee;
(h) the Local Government Committee
(i) the Public Service Committee;
(j) the Public Finance Committee;
(k) the Land and Environment Committee;
(l) the Disciplinary Committee; and
(m) the General Purpose Committee.
(2) There shall be a Drafting Committee appointed by the Minister.
(3) The Drafting Committee shall provide drafting and other services, as specified in the Schedule, the Conference and its committees.
(1) A committee shall comprise such number of members as the Conference may determine.
(2) A member shall be assigned by the Secretary to only one of the committees established under these Regulations:
Provided that–
(a) a member of the General Purposes Committee and the Disciplinary Committee shall be assigned to another committee; and
(b) the Chairperson and Vice-Chairperson of the Conference may attend the meetings of the committees.
(3) The Conference shall in assigning the members to the committees ensure parity and gender representation in the membership of the committees and take into consideration the interest group, the experience and qualifications of the members.
(4) The General Purposes Committee shall comprise the following members–
(a) the Chairperson of the Conference;
(b) the three Vice-Chairpersons of the Conference; and
(c) the chairpersons and the vice-chairpersons of the committees.
(5) The office of a member of a committee becomes vacant–
(a) upon the member’s death;
(b) if the member ceases to be a member of the Conference;
(c) if the member resigns from office;
(d) if the member is adjudged bankrupt;
(e) if the member is absent from three consecutive meetings of the committee of which the member has had notice, without the prior approval of the chairperson of the committee;
(f)
(g)
(h) if the member is convicted of an offence under this Act or any other written law and sentenced therefore to imprisonment for a term of six months or more without the option of a fine.
5. Powers and functions of committees
(1) The functions of the committees are to–
(a) consider and deliberate the provisions of the report of the Commission and the draft constitution;
(b) deliberate and examine the clauses of the draft constitution as specified in the terms of reference set out in the Schedule to these Regulations; and
(c) submit a report with recommendations to the plenary session of the Conference for consideration and adoption or otherwise.
(2) A committee may order any person to appear before the committee and given information or produce any paper, book, record or document in the possession or under the control of that person.
(3) No document received by a committee for its use shall be withdrawn or altered without the approval of the Chairperson of the Conference.
(4) A committee may, make a report of the Conference at any time with its opinions and observations on any matter referred to it for consideration.
(1) A committee may, for purposes of carrying out its functions under these Regulations, with the approval of the General Purposes Committee, establish sub-committees of the committee.
(2) The General Purposes Committee shall prescribe rules for the conduct of sub-committee proceedings which rules shall be consistent with these Rules.
(3) Subject to sub-regulation (2), the rules for the conduct of proceedings in a committee apply to a sub-committee.
(1) A committee shall, at its first sitting elect a chairperson and vice chairperson of the committee from amongst the members of the committee.
(2) The members of a committee shall elect a member to chair the first sitting of a committee until the chairperson of the committee is elected.
(3) For purposes of electing a chairperson and vice-chairperson, where the chairperson is a man, the vice-chairperson shall be a woman and vice-versa.
(4) The functions of a chairperson of a committee are to–
(a)
(b) at the conclusion of the sittings of the committee, present the report of the committee to the plenary session of the Conference for consideration and adoption.
PART III
PROCEEDINGS OF COMMITTEES
(1) Meetings shall be convened by the Secretary at the direction of the Chairperson of the Conference.
(2) A committee shall not hold any meeting at any time during which the Conference is sitting.
(3) The sitting of a committee shall be open to the public: provided that nothing in this regulation precludes the committee from holding its deliberations in camera where the circumstances so warrant.
(4) Half of the members of the committee shall constitute a quorum.
(5) If a quorum is not present within 15 minutes of the appointed hour of the meeting, the committee shall adjourn and the Chairperson of the Conference shall instruct the Secretary to convene a meeting for another day.
(6) If at anytime during the sitting of a committee, a quorum is not present, the chairperson of the committee shall either suspend business until a quorum is present or adjourn the meeting to another day.
(7) The Chairperson of a committee or if neither is present, the members of the committee shall choose a member from among themselves to preside at the meeting.
(8) A committee may, for purposes of any meeting, invite any person or any member of any other committee or a representative from any Government department or institution.
(9) Any person invited under sub-regulation (8), or any other person in attendance at the meeting shall do so in an advisory and consultative capacity only and shall have no voting rights.
(10) The first item of business at a meeting of a committee shall be to read and confirm the minutes of the previous meeting.
(11) The second item of business shall be matters arising from those minutes and the meeting shall deal with each of the matters set out in the agenda.
(12). All questions before a committee shall be determined by consensus, but in the absence of consensus, the decisions shall be determined by a two thirds majority vote of the members of the committee:
Provided that voting shall be by secret ballot.
(13) A member present, including the chairperson shall have one vote, and in the event of a tie, the Chairperson or person presiding shall have in addition to an original vote, a casting vote.
(14) A member of a committee shall not leave a meeting of the committee without the approval of the Chairperson.
(15) The secretary of a committee shall record and produce the minutes including a list of all persons in attendance, and shall within seven days of the date of the meeting forward a copy of the confirmed minutes to the Chairperson of the Conference.
(16) The meetings of the committees shall be held in places that are accessible to persons with disabilities.
(17) A committee shall provide a sign language interpreter for deaf members and members of the public at each sitting of the committee.
(1) In the case of any grave disorder arising in a committee, the chairperson of the committee shall temporarily suspend the proceedings of the committee.
(2) The chairperson of a committee may order any person or member to withdraw from a meeting of the committee if that person’s or member’s conduct is disorderly.
(3) A committee may resolve to exclude a member of the committee from its meetings if the member’s conduct is disorderly.
(4) A member may be excluded for up to the remainder of the meeting held on a particular day.
(5) The chairperson of a committee shall refer the matter to the Disciplinary Committee if a member–
(a) persistently and wilfully obstructs the committee;
(b) wilfully disobeys an order of the chairperson of the committee; or
(c) persistently and wilfully disregards the authority or the chairperson of the committee.
10. Services of experts and consultants
A committee may, at any stage of the proceedings, request the Secretary to avail the services of an expert or consultant or any information or data to enable the committee to discharge its functions.
11. Giving evidence before committee
(1)The chairperson of a committee may, on behalf of the committee, request any person to attend and give evidence before the committee.
(2) The taking of evidence from witnesses before a committee shall be conducted as the chairperson of the committee, with approval of the committee, directs.
(3) The chairperson of a committee, and member, through the chairperson of the committee, may put questions to a witness.
(4) A person who attends to give evinced before a committee shall not be liable to any action or proceedings for anything said or done in good faith before the committee in accordance with these Regulations.
A witness shall be given an opportunity to make a submission in writing before appearing to give oral evidence.
A committee may reject, or expunge from any transcript of proceedings, any evidence or statement that it considers to be irrelevant to its proceedings, offensive or defamatory.
The chairperson of a committee shall ensure that all questions put to a witness are relevant to the committee’s proceedings and that the information sought by those questioning is necessary for the purpose of those proceedings.
PART IV
REPORTS OF COMMITTEES
(1) The chairperson of a committee shall, where all the matter referred to a committee have been considered, make a report to the Conference.
(2) The chairperson of a committee shall, where any matter has not been considered, report on the progress, or lack progress, as the case may be.
(3) A report made under this regulation shall contain any minority views or expression of opinion or observation of a minority.
(4) All the reports of a committee shall be translated into braille to facilitate access to the information by visually impaired persons.
(1) On the consideration of any committee report the chairperson of the committee shall move a motion to adopt the report.
(2) In the absence of the chairperson of a committee, the vice-chairperson on the committee, and in the absence of both the chairperson and vice-chairperson of the committee, any other member of the committee, shall move the motion.
Where a committee has adopted a report, the report shall be signed by the Chairperson on behalf of the committee, or by some other member of the committee authorised to do so by the committee and shall be presented to the Conference.
18. Confidentiality of reports
A report or draft of the report of a committee or a subcommittee shall be strictly confidential to the committee until it reports to the Conference.
(1) A report of a committee shall be presented by delivering it to the Secretary on any working day but not later than 13:00 hours on a day on which the Conference sits.
(2) The Secretary shall announce the presentation of the reports of the committees to the Conference.
(3) Once a report has been presented it shall be published under the authority of the Conference.
In reporting to the Conference, the chairperson of a committee shall move that the report be adopted.
[Regulation 5]
TERMS OF REFERENCE OF COMMITTEES
A. GENERAL CONSTITUTIONAL PRINCIPLES COMMITTEE
1. Supremacy of the Constitution
2. Defence of the Constitution
3. Continuous force and effect of the Constitution
4. Republican status of Zambia
5. Sovereignty of Zambia
6. National Symbols
7. Languages
8. Application of national values, principles, objectives and directive principles of State Policy
9. Political values, principles and objectives
10. Social economic values, principles and objectives
11. Adoption, amendment, and review of the Constitution
12. Amendment by referendum
13. Amendment without referendum
14. Certificate of compliance
15. Legal Aid
16. Definitions
17. Interpretation of Constitution
18. Cultural values, principles and objectives
19. Foreign policy, principles and objectives
20. Principles and objectives of accountability and transparency
21. The Constitution of Zambia Bill and Transitional Provisions
22. Any other matter which is connected with, related to or incidental to the terms of reference of the committee or is referred to the committee by the Conference
B. CITIZENSHIP COMMITTEE
1. Existing citizenship
2. Acquisition of citizenship by birth
3. Citizenship by descent
4. Citizenship by registration
5. Citizenship by adoption
6. Dual citizenship
7. Renunciation and deprivation of citizenship
8. Citizenship Board
9. Entitlement of citizen
10. Legislation on citizenship
11. Any other matter which is connected with, related to or incidental to the terms of reference of the committee or is referred to the committee by the Conference
C. HUMAN RIGHTS COMMITTEE
1. Fundamental rights and freedoms
2. Duty of State to promote rights and freedoms
3. Application of Bill of Rights
4. Interpretation of Bill of Rights
5. Right to life
6. Human dignity
7. Equality before law
8. Fair administration
9. Right to refuse unlawful instructions
10. Right to justice
11. Rights of suspects and arrested persons
12. Rights of persons detained or in custody
13. Fair trial
14. Protection from discrimination
15. Equality of both gender
16. Further rights for women
17. Older members of society
18. Children
19. Youth
20. Protection of young persons
21. Family
22. Persons with disability
23. Special measures for persons with disability
24. Language and culture
25. Freedom and security of the person
26. Slavery, servitude and forced labour
27. Privacy
28. Freedom of worship and conscience
29. Freedom of expression
30. Access to information
31. Freedom of media
32. Freedom to disclose
33. Freedom not to disclose
34. Independence of the public media
35. Freedom of association
36. Assembly, demonstration, picking, lockout and petition
37. Right to participate in politics
38. Freedom of movement and residence
39. Refugees and asylum
40. Land and other property
41. Consumer rights
42. Progressive realisation of economic and social rights
43. Freedom to choose trade, occupation and profession
44. Labour relations and pensions
45. Social security
46. Health
47. Education
48. Shelter and housing
49. Food, water and sanitation
50. Environment
51. Limitations on rights and freedoms
52. Non-derogable rights and freedoms
53. Derogation of rights and freedoms during emergency or national disaster
54. Restriction and detention during emergency
55. Enforcement of Bill of rights
56. Establishment and composition of the Human Rights Commission
57. Functions of the Human Rights Commission
58. Independence of the Human Rights Commission
59. Tenure of office of members of the Human Rights Commission
60. Funds of the Human Rights Commission
61. Expenses of the Human Rights Commission
62. Legislation on powers of Human Rights Commission
63. Establishment of Gender Equality Commission
64. Any other matter which is connected with, related to or incidental to the terms of reference of the committee or is referred to the committee by the Conference
D. DEMOCRATIC GOVERNANCE COMMITTEE
1. Basis of electoral system
2. Election systems for Presidential, National Assembly and local government elections
3. Losing candidates not eligible for certain appointments
4. Independent candidates
5. Unopposed candidates
6. Election date for general elections
7. By elections
8. Franchise
9. Electoral process
10. Establishment and composition of Electoral Commission of Zambia
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11. Selection of members of Electoral Commission
12. Appointment of members of Electoral Commission
13. Tenure of Office
14. Independence and functions of the Electoral Commission
15. Funds of Electoral Commission
16. Delimitation and number of constituencies or wards
17. Matters to be taken into account when delimitating constituencies or wards
18. Legislation on elections
19. Political parties
20. Regulation of political parties
21. Political parties Fund
22. Purpose of Fund
23. Other sources of funds and maximum donations
24. Audit of accounts
25. Party supervision
26. Party discipline
27. Prohibition on use of public resources to promote party interests
28. Prohibition on use of public resources during election period
29. Any other matter which is connected with, related to or incidental to the terms of reference of the committee or is referred to the committee by the Conference
E. EXECUTIVE COMMITTEE
1. Office of President
2. Qualifications of Presidential candidate
3. Nomination for election as President
4. Election of President
5. Swearing in and handing over
6. Election petition
7. Tenure of office of President
8. Removal of President on grounds of incapacity
9. Impeachment of President for violation of Constitution or gross misconduct
10. Procedure for impeachment
11. Vacancy in office of President
12. Performance of executive functions during absence or illness or President
13. Oath of President
14. Emoluments of President
15. Protection of President from legal proceedings, immunity and Removal of Immunity
16. Functions of President
17. Declaration of war
18. Declaration of state of public emergency
19. Declaration of state of public emergency
20. Declaration of national disaster
21. Validity of emergency
22. Ratification of appointments by National Assembly
23. Vice President, election to office and swearing in
24. Functions of Vice President
25. Removal from office of Vice President
26. Ministers
27. Provincial Ministers
28. Deputy Ministers
29. Cabinet
30. Functions of Cabinet
31. Oaths of office
32. Code of Conduct
33. Secretary to the Cabinet
34. Prerogative of mercy
35. Advisory Committee
36. Any other matter which is connected with, related to or incidental to the terms of reference of the committee or is referred to the committee by the Conference
F. LEGISLATIVE COMMITTEE
1. Establishment of Parliament
2. Legislative power and other functions of National Assembly
3. Composition of National Assembly
4. Qualifications and disqualifications of members of National Assembly
5. Nomination for election to National Assembly
6. Tenure of office and vacation of office of member of National Assembly
7. Vacancies and by elections for National Assembly
8. Emoluments of members
9. Parliament Election Tribunal
10. Speaker and Deputy Speakers of National Assembly
11. Presiding in National Assembly
12. Leader of opposition
13. Clerk of National Assembly
14. Exercise of legislative powers
15. Retrospective legislation
16. Money Bills
17. Presidential assent and referral
18. Challenge of Bill and reference to Constitutional Court
19. Coming into force of laws
20. Acts of Parliament and enactment clause
21. Right to petition and make comments
22. Quorum
23. Voting in National Assembly
24. Procedure and Committees of National Assembly
25. Power to call evidence
26. Public access and participation
27. Powers, privileges and immunities
28. Sitting of National Assembly
29. Life and prorogation of Parliament
30. President may address National Assembly
31. Statutory instruments
32. Censure of Minister
33. Recall of member of National Assembly
34. Oaths to be taken by Speaker, Deputy Speaker and members.
35. Officers of National Assembly
36. Parliament Service Commission
37. Any other matter which is connected with, related to or incidental to the terms of reference of the committee or is referred to the committee by the Conference
G. JUDICIAL COMMITTEE
1. Establish of courts of judiciary
2. Vesting of judicial powers
3. Independence of Judiciary
4. Financial independence of Judiciary
5. Supreme and Constitution Court
6. Composition for sitting of Supreme Court
7. Jurisdiction of Supreme Court
8. Composition for sitting of Constitution Court
9. Jurisdiction of Constitution Court
10. Production of official documents
11. Chief Justice
12. Deputy Chief Justice
13. Court of Appeal
14. Jurisdiction of Court of Appeal
15. Sittings of Court of Appeal
16. High Court
17. Jurisdiction of High Court
18. Supervisory jurisdiction of High Court
19. Divisions of High court
20. Accessibility to courts
21. Appointment of Judges of superior courts
22. Acting appointments
23. Qualification for appointment of Judges of superior courts
24. Tenure of office of Judges of supreme courts
25. Removal of Judges from office
26. Procedure for removal of Judge
27. Remuneration of Judges
28. Oath of office of Judges
29. Appointment, retirement and removal of judicial officers
30. Jurisdiction of lower courts
31. Judicial Service Commission
32. Functions of Judicial Services Commission
33. Chief Administrator, appointment and functions
34. Secretary to Judicial Service Commission
35. Judicial oath
36. Rules of Court
37. Any other matter which is connected with, related to or incidental to the terms of reference of the committee or is referred to the committee by the Conference
H. LOCAL GOVERNMENT COMMITTEE
1. Establishment and objectives of Local Government
2. Cooperation between national Government and Local Government and between local authorities
3. Structures and principles of decentralised Government
4. Districts and District Councils
5. Functions of District Councils
6. Election of Councillors and composition of district councils
7. Tenure of office and vacation of Office of Councillor
8. By election for District Council
9. Expulsion of Councillor
10. Qualifications and disqualifications for elections to district council
11. Petitions and Local Government Elections Tribunal
12. Recall of Councillor
13. Mayor
14. Functions of Mayor
15. Conduct of Councillors
16. Accountability of Councillors
17. District Executive Committee
18. Functions of District Executive Committee
19. Principal administrative officer and functions
20. Other Committees of District Council
21. Funds for District Councils
22. Staff of Local Government
23. Provinces
24. Provincial Administration
25. Provincial Council
26. Functions of Provincial Council
27. Reserved power over non performing district councils
28. Legislation to further regulate Local Government
29. Institution of Chieftainancy
30. Concepts and principles relating to Chieftainancy
31. Participation of Chiefs in public affairs
32. House of Chiefs
33. Functions of House of Chiefs
34. Tenure of office and vacancy
35. Oaths of member of House of Chiefs
36. Staff of House of Chiefs
37. Regulations for House of Chiefs
38. Any other matter which is connected with, related to or incidental to the terms of reference of the committee or is referred to the committee by the Conference
I. PUBLIC SERVICE COMMITTEE
1. Values and principles of Public Service
2. Conflict of interest
3. Declaration of assets
4. Spouse of public officer
5. Appointment of Public Body
6. Codes of ethics for professions and other vocations
7. Offices for the Republic
8. Attorney General
9. Solicitor General
10. Director of Public Prosecutions
11. Performance of functions of Director of Public Prosecutions during absence, illness or other cause
12. Tenure of office of Director of Public Prosecutions
13. Permanent Secretaries
14. Protection of Public Officers
15. Services and Service Commissions
16. Establishment of Investigative Commissions
17. Other additional Commissions
18. Membership of Commissions
19. Independence and powers of Commissions
20. Appointment of Chief Executive of Commissions
21. Participation in politics
22. Retirement of public officers
23. Pension, gratuity or retrenchment benefit for public officers
24. Pensions to be reviewed
25. Pension and retrenchment benefits to be paid promptly
26. Legislation on pensions and gratuities
27. Establishment of office of Parliamentary Ombudsman
28. Qualifications for appointment and conditions of service
29. Functions of Ombudsman
30. Limitation of powers of Ombudsman
31. Accountability
32. Accounts and audit
33. Annual report
34. Establishment of Defence Forces and functions
35. Establishment of national security agencies and functions
36. Objectives and expenses of defence and national security agencies
37. Peace keeping missions
38. Deployment outside Republic
39. Prohibition of certain activities
40. Legislation to further regulate Defence and national security agencies
41. Any other matter which is connected with, related to or incidental to the terms of reference of the committee or is referred to the committee by the Conference
J. PUBLIC FINANCE COMMITTEE
1. Imposition of tax
2. Consolidated Fund
3. Withdrawal from Consolidated Fund
4. Expenditure in advance of appropriation
5. Compensation Fund
6. Annual financial estimates
7. Budget Act
8. Appropriation Bill and Supplementary Appropriation Bill
9. Borrowing by Government
10. Public debt
11. Financial report of Government
12. Disposal of State assets
13. State Audit Commission
14. Auditor General
15. Independence of Auditor General
16. Funding of Auditor General
17. Functions of Auditor General
18. Reference by Auditor General
19. National Fiscal and Emoluments Commission
20. Central Bank
21. Independence of Central Bank
22. Governor of Central Bank
23. Legislation on Central Bank
24. Any other matter which is connected with, related to or incidental to the terms of reference of the committee or is referred to the committee by the Conference
K. LAND AND ENVIRONMENT COMMITTEE
1. Basis of Land Policy
2. Classification of land
3. State land
4. Customary land
5. Vesting of land
6. Land tenure
7. Regulation of land use and development of property
8. Commissioner of Lands
9. Lands Commission
10. Tenure of office
11. Functions of Lands Commission
12. Legislation of Lands
13. Basis of environment Policy
14. Protection of environment
15. Conservation of environment
16. Utilisation and development of natural resources
17. Agreements relating to natural resources
18. Any other matter which is connected with, related to or incidental to the terms of reference of the committee or is referred to the committee by the Conference
L. GENERAL PURPOSE COMMITTEE
1. Overall planning for the Conference
2. Consolidation of all the reports of the committees
3. General guidance of the Conference
4. Administration and finance matters
5. Audit issues
6. General Welfare of the members of the Conference and Secretariat
7. Any other matter which is connected with, related to or incidental to the terms of reference of the committee or is referred to the committee by the Conference
M. DISCIPLINARY COMMITTEE
1. Consider and determine disciplinary matters relating to the members and the members of staff
2. Inquire into the conduct of any member or member of staff
3. Any other matter which is connected with, related to or incidental to the terms of reference of the committee or is referred to the committee by the Conference
N. DRAFTING COMMITTEE
1. Provide drafting service to the Conference and its Committee
2. Conduct research into constitutional matters as determined by the Conference and its committees
3. Provide legal advisory services on constitutional matters
4. Provide any other legal service referred to it by the Conference
5. Any other matter which is connected with, related to or incidental to the terms of reference of the committee or is referred to the committee by the Conference
NATIONAL CONSTITUTIONAL CONFERENCE (PROCEDURE) RULES, 2008
[Section 33]
Arrangement of Rules
PART I
PRELIMINARY
Rule
1. Title
2. Application
3. Interpretation
PART II
SITTING OF THE CONFERENCE
4. Days and time of sitting
5. Quorum of Conference
6. Sitting dates
7. Chairperson to preside
8. Agenda
9. Order of business
10. General business
11. Business of Conference
12. Admission to Chamber
13. Broadcasting of proceedings of Conference and committees
14. Person interrupting proceedings
15. Members of public may be ordered to withdraw
16. Chairperson may suspend sitting or adjourn
17. Resumption of business
18. Adjournment of sitting
19. Procedure on adjournment
PART III
CONFERENCE PROCEDURES
20. Chairperson to maintain order
21. Members to be seated
22. Chairperson to order member to withdraw from Chamber for disorderly conduct
23. Reference of matter to Disciplinary Committee
24. Rights forfeited by suspended member
25. Conduct considered to be disorderly
26. Reflections on members and other persons
27. Interventions by Chairperson
PART IV
RULES OF DEBATE
28. Manner of addressing members in Chambers
29. Chairperson to call upon member to speak
30. Member to address Chairperson
31. Points of order
32. Speeches in English
33. Member may speak only once to matter
34. Clarification of misrepresentation
35. Relevance of debate
36. Use of visual aids
37. Proceedings of committees not to be referred to
38. Matters awaiting judicial decision
39. Application of prohibition of reference to matters awaiting judicial decision
40. Reference to President or Vice President of Republic, etc.
41. Use of offensive words
42. When interruption of member allowed
43. Adjournment of debate
44. Chairperson to put question when debate concluded
45. Division to take place if decision of Chairperson on consensus is challenged
46. Procedure for voting
47. Rules for clarifications
PART V
MINUTES OF PROCEEDINGS, REGISTERS AND CUSTODY
48. Minutes of the Conference
49. Register of attendance
50. Member not to be absent, or leave, conference without permission of chairperson
51. Register of declaration of interest
52. Register of members
53. Publication of deliberations
54. Spokesperson to speak on behalf of conference
55. Custody of records and documents
56. Notices, proceedings etc., to be translated into Braille
57. Sign language interpreter
58. Access to meeting places
SI 25 of 2008.
PART I
PRELIMINARY
These Rules may be cited as the National Constitutional Conference (Procedure) Rules, 2008.
These Rules shall regulate the conduct of the proceedings of the Conference and the exercise of the powers by the Conference.
In these Rules, unless the context otherwise requires–
“Act” means the National Constitutional Conference Act, 2007;
“Chairperson” has the meaning assigned to it in the Act;
“Chamber” means the main hall and includes the public galleries;
“Conference” means the National Constitutional Conference constituted under section 3 of the Act;
“Disciplinary Committee” means the standing committee referred to in subsection (2) of section 16 of the Act;
“Electoral Commission” means the Electoral Commission of Zambia established by article 76 of the Constitution;
“General Purposes Committee” means the General Purposes Committee established under the National Constitutional Conference (Committees) Regulations, 2008;
“member” means any member of the Conference;
“Secretary” has the meaning assigned to it in the Act;
“Sitting” means the period between the time when the chairperson calls the meeting to order and the time when the conference is adjourned;
“Spokesperson” means the person elected as Spokesperson of the Conference pursuant to subsection (6) of section 17 of the Act; and
“Vice-Chairperson” has the meaning assigned to it in the Act.
PART II
SITTINGS OF THE CONFERENCE
(1) The Conference shall meet at 14:00 hours on Tuesdays, Wednesdays and Thursdays and 09:00 hours on Fridays, except on public holidays.
(2) Subject to sub-rule (3), on Fridays, the hour of adjournment shall be 13:00 hours and on all other days, the normal hour of adjournment shall be 20:00 hours.
(3) Notwithstanding sub-rule (2)–
(a) on any sitting day, when the transaction of business on the agenda for that day is concluded before the hour that the Conference is due to rise, the Conference shall adjourn until the next sitting day; and
(b) on Tuesday, Wednesday and Thursdays, if the transaction of business on the agenda for that day is not concluded at 20:00 hours when the Conference is due to rise, the conference may adjourn later than 20:00 hours.
(1) The quorum of the conference shall be one-half of all the members of the conference.
(2) If there is no quorum at the expiration of 15 minutes after the hour appointed for the sitting, the Chairperson shall adjourn the sitting to the next sitting day.
The secretary shall notify the members of the sitting dates of the Conference at least 14 days before the Conference through the electronic and print media and by such other means as the Chairperson may direct.
(1) The Chairperson shall preside over the meetings of the Conference.
(2) Where the Chairperson is absent, any of the Vice-Chairpersons as the members present may determine for the purpose of the sitting, shall chair the sitting:
Provided that the Vice-Chairpersons shall chair the meetings on a rotational basis.
(3) If the Chairperson and the Vice-Chairpersons are absent, the members shall elect a member from among themselves to chair the sitting:
Provided that the Secretary shall preside over the meeting before a chairperson is chosen under this sub-rule.
(1) The Secretary shall prepare an Agenda for each sitting day showing the business for the Conference in the order in which it is to be transacted.
(2) The Agenda shall be prepared in accordance with these Rules as to the order in which business is to be transacted and in accordance with any determination by the Committee for General Purposes.
(3) The Secretary shall issue the notice of a meeting to the members before the Conference sits.
At each sitting, the Conference shall transact its business in the order shown on the Agenda.
General business shall be taken in the following order–
(a) announcement of the presentation of papers and reports of committees;
(b) clarifications and answers;
(c) debate on a matter of urgent public importance or motion, if allowed by the Chairperson;
(d) consideration of committee reports;
(e) a general debate; and
(f) consideration of the draft Constitution.
The General Purposes Committee shall determine–
(a) the time to be spend on an item of business;
(b) how time on an item of business is to be allocated in the Conference; and
(c) the speaking times of members on an item of business.
Subject to section 19 of the Act, the Secretary shall, on behalf of the Conference, control admission to the Chamber, and may issue directions setting out who may be admitted to those areas and governing their conducts therein.
13. Broadcasting of proceedings of Conference and committees
(1) The proceedings of the Conference and any of its committees may be broadcast on radio during all hours of sitting and shall be available for television coverage.
(2) Any broadcast of the proceedings shall maintain standards of fairness and where the proceedings are televised, there shall be a sign language insert as specified in paragraph (b) of subsection (2) of section 20 of the Act.
14. Person interrupting proceedings
The Chairperson or the Secretary may require a person, other than a member, who interrupts or disturbs the operation or proceedings of the Conference, or who otherwise misconducts themselves, to leave the chamber and conference precincts.
15. Members of public may be ordered to withdraw
(1) A member may move, without notice, that members of the public be ordered to leave the Chamber.
(2) Where the Conference resolves that members of the public be ordered to leave the chamber–
(a) the members of the public shall leave the Chambers;
(b) official reporters and attendance shall leave the Chamber and no official report of the proceedings shall be made; and
(c) broadcasting of the debates shall cease.
(3) The Secretary shall make a note of the resolution of the Conference in the proceedings of the Conference.
16. Chairperson may suspend sitting or adjourn
(1) The Chairperson may suspend a sitting or adjourn the sitting if the chairperson considers it necessary to do so to maintain order.
(2) Where the Chairperson suspends a sitting, the Chairperson shall decide when the sitting shall resume.
(3) Where the Chairperson suspends a sitting, it shall stand adjourned until the next sitting day.
(1) Business interrupted by the Chairperson or a member for whatever reason shall be resumed at the point of interruption.
(2) A member whose speech was interrupted shall speak first on the resumption of the debate.
(3) Where the member does not exercise the right to speak first when the debate resumes, the member’s speech shall be treated as concluded.
At the conclusion of each sitting, the Conference shall adjourn until its next sitting day.
(1) Subject to paragraph (b) of sub-rule (3) of rule 4, at least five minutes before the hour of adjournment specified in subsection (2) of rule 4, the Chairperson shall interrupt business under the consideration by the Conference.
(2) Any business not concluded or interrupted under sub-rule (1) shall be deferred to the next sitting of the Conference.
PART III
CONFERENCE PROCEDURES
20. Chairperson to maintain order
(1) The Chairperson shall maintain order and decorum in the Chamber.
(2) Whenever the Chairperson speaks or rises during a sitting, member shall sit down and be silent so that the Chairperson can be heard without interruption.
(3) The Chairperson may in the event of grave disorder occurring in the Chamber–
(a) suspend the sitting and state the time at which the Chairperson shall resume the Chair; or
(b) adjourn the Conference to the next sitting day.
(1) A member in the Chamber shall–
(a) take their seat promptly and remain seated except when speaking in debate or voting;
(b) not remain in the aisles; and
(c) not pass between the Chairperson and any member who is speaking.
(2) Except when voting, members shall make an acknowledgment to the Chairperson, by bowing, on entering and leaving the Chamber.
22. Chairperson to order member to withdraw from Chamber for disorderly conduct
(1) The Chairperson shall order any member whose conduct is disorderly to withdraw immediately from the Chamber for such period, up to the remainder of that day’s sitting, as the Chairperson shall order.
(2) Any member ordered to withdraw from the Chamber under sub-rule(1) shall not enter the Chamber and shall not vote.
23. Reference of matter to Disciplinary Committee
(1) The Chairperson may, in addition to the action taken against a member under sub-rule (1) of rule 22, refer the matter concerning that member to the Disciplinary Committee.
(2) A member whose matter is referred to the Disciplinary Committee under sub-rule (1) shall be ordered to appear before the Disciplinary Committee to answer for the member’s conduct.
24. Rights forfeited by suspended member
A member who is suspended from the service of the Conference, by the Secretary to the Cabinet, on the recommendation of the Disciplinary Committee, shall not enter the Chamber, vote or serve on a Committee.
25. Conduct considered to be disorderly
A member’s conduct shall be considered disorderly if the member–
(a) persistently and wilfully obstructs the proceedings of the Conference;
(b) has used objectionable words, which the member has refused to withdraw;
(c) persistently and wilfully refuses to conform to these Rules;
(d) wilfully disobeys an order of the Chairperson of the Conference;
(e) persistently and wilfully disregards the authority of the Chairperson; and
(f) is considered by the Chairperson to have behaved in disorderly manner.
26. Reflections on members and other persons
(1) A member shall not–
(a) make an imputation of improper motives against a member or an offensive reference to a member’s private affairs; or
(b) make reflections or insinuations about persons who are not members and are not able to defend themselves against those reflections or insinuations.
(2) All imputations of improper motives to a member and all personal reflections on other members shall be considered disorderly.
27. Interventions by Chairperson
(1) The Chairperson may intervene–
(a) to prevent any personal quarrel between members during proceedings; or
(b) when a member’s conduct is considered offensive or disorderly.
(2) Where the Chairperson’s attention is drawn to the conduct of a member, the Chairperson’s shall determine whether or not it is offensive or disorderly.
PART IV
RULES OF DEBATE
28. Manner of addressing members in Chamber
In the Chamber, a member may be referred to by any of the following forms of address–
(a) the member’s ministerial office;
(b) the member’s constituency;
(c) the member’s official or other title; or
(d) the member’s name, with the name of the organisation the member belongs to.
29. Chairperson to call upon member to speak
(1) A member wishing to speak shall raise their name tag and when recognised by the Chairperson, shall stand, introduce themselves and address the Chairperson:
Provided that if a member is not able to stand, the member may be permitted to speak while seated.
(2) Where two or more members rise together, the member called upon by the Chairperson is entitled to speak.
(3) where a member is speaking, no member may converse aloud or make any noise or disturbance to interrupt the member.
30. Members to address Chairperson
A member on being called to speak shall address the chairperson and, through the Chairperson, the Conference.
(1) Any member may raise a point of order if these Rules appear to have been broken.
(2) A point of order takes precedence over other business until ruled on the Chairperson.
(3) The chairperson shall rule on a point of order when it is raised without allowing any discussion apart from that of the member raising the point:
Provided that the Chairperson may defer making a ruling on a point of order to a later time or sitting.
(4) A member raising a point of order and any member permitted by the Chairperson to speak to a point of order shall put the point clearly and succinctly and speak only to the point of order raised.
(5) A point of order shall be heard in silence by the Conference.
(6) The Chairperson may refuse to accept a point of order raised by a member and the Chairperson’s decision shall be final.
A member shall address the Chairperson in English.
33. Member may speak only once to matter
Except as otherwise provided, a member shall speak only once to a matter before the Conference.
34. Clarification of misrepresentation
(1) A member who has spoken to a matter may be permitted to speak again to explain some material part of the member’s speech which has been misquoted, misunderstood or misrepresented in the same debate:
Provided that–
(a) a member shall rise and seek permission from the chairperson;
(b) a member shall not introduce any new matter or interrupt any member to explain a misquotation, misunderstanding or misrepresentation; and
(c) the misquotation, misunderstanding or misrepresentation shall not be debated.
(1) All debate shall be relevant to the matter before the Conference.
(2) The Chairperson shall caution a member on irrelevant or tedious repetition when debating on a matter.
(3) The Chairperson, after having called the attention of the Conference to the conduct of a member who persists in irrelevance or tedious repetition either of the member’s own arguments or of the arguments used by other members in debate, may direct the member to discontinue the member’s speech.
(1) A member may use an appropriate visual aid to illustrate a point being made during the member’s speech, provided that the aid does not inconvenience other members or obstruct the proceedings of the Conference.
(2) An aid referred to in sub-rule (1) may be displayed only when the member is speaking to a question before the Conference and shall be removed from the Chambers at the conclusion of the member’s speech.
37. Proceedings of committees not to be referred to
A member shall not refer to the proceedings of a Committee until those proceedings are reported to the Conference.
38. Matters awaiting judicial decision
Matters awaiting or under adjudication in any court of law shall not be referred to–
(a) in any debate; or
(b) in any clarification.
39. Application of prohibition of reference to matters awaiting judicial decision
(1) Rule 38 has effect–
(a) in relation to a criminal case, from the moment the law is set in motion by a decision charge being made; or
(b) in relation to cases other than criminal, from the time when proceedings have been initiated by the filling of the appropriate document in the registry or office of the court.
(2) Rule 38 shall cease to have effect in any case when the verdict and sentence have been announced or judgement given.
(3) In any case where notice of appeal is given, Rule 38 shall have effect from the time when the notice is given until the appeal has been decided.
40. References to President, Vice President of Republic etc.
A member shall not refer to the President or the Vice-President of the Republic, or any other public officer, disrespectfully, in debate or for the purpose of influencing the Conference in its deliberations.
A member shall not use offensive words against–
(a) a member of the conference;
(b) any person attending the Conference at the invitation of the Conference pursuant to subsection (8) of section 17 of the Act; or
(c) a member of staff .
42. When interruption of a member allowed
(1) A member may only interrupt another member to–
(a) call attention to a point of order;
(b) call attention to the lack of a quorum;
(c) call attention to the presence of a member of the public not required to be present where members of the public have been requested to leave the Chamber pursuant to rule;
(d) move that the member be no longer heard for reasons that the member shall explain;
(e) move that the matter be now determined by vote;
(f) move that members of the public be ordered to withdraw from the Chamber;
(g) move that the business of the Agenda be adhered to; or
(h) make any other intervention authorised by the Chairperson.
(2) At any time except when another member is addressing the Conference, a member may request the Chairperson to state the matter under discussion.
(1) After a question has been proposed, any member, on being called to speak to that question, may move that the debate be adjourned either to a later hour on the same day or to any other day:
Provided that if a motion for the adjournment of the debate is negative, the member moving the motion for the adjournment may speak, otherwise the member’s speech lapses.
(2) On the adjournment of the Conference, any debate in progress shall be adjourned and set down for resumption on the next sitting day.
44. Chairperson to put question when debate concluded
(1) Except where otherwise provided, as soon as the debate upon a matter is concluded, the Chairperson shall require the members to determine that matter.
(2) All questions before the Conference shall be determined by consensus, but in the absence of consensus, the decisions of the Conference shall be determined by a two-thirds majority votes of the members of the Conference:
Provided that voting shall be by secret ballot.
(3) Every member is entitled to one vote or to abstain.
45. Division to take place if decision of Chairperson on consensus is challenged
(1) If the decision of the Chairperson that a matter has been determined by consensus is challenged, a division shall be demanded.
(2) When a division is demanded–
(a) members in support of the division shall stand in their place:
Provided that members who are unable to stand due to a physical disability or other infirmity shall raise their name tags; and
(b) the Chairperson shall direct that the doors of the Chamber be locked and that the members standing or raising their name tags in support of the division be counted.
(3) No member shall enter or leave the Chamber until after the counting is completed and the results of the division are announced.
(4) When the counting is completed, the Secretary shall hand the results to the Chairperson who shall declare the number of the members in support of the division to the Conference.
(5) If an error occurs concerning the number reported, a re-count shall be done.
(6) If one hundred or more members stand in support of the division, the chairperson shall direct that the matter be put to a vote in accordance with rule 46.
(7) If less than 100 members stand in support of a division–
(a) the Chairperson’s decision that the matter in question has been determined by consensus shall be upheld; and
(b) the Secretary shall record in the proceedings of the Conference that the matter was determined by consensus.
(1) Voting in any matter before the Conference shall be by secret ballot.
(2) The Electoral Commission shall preside over the voting.
(3) Voting shall be conducted in accordance with such rules and procedures as the Electoral Commission may determine.
(4) Members may observe the voting in any part of the Chamber.
(1) A clarification shall not contain arguments, inferences, opinions, imputations, insults or hypothetical cases.
(2) A clarification shall not be asked–
(a) which raises an issue already decided in the conference or which has been answered fully during the sitting; or
(b) regarding proceedings in a Committee which have not been placed before the Conference by a report from the Committee.
PART V
MINUTES OF PROCEEDINGS, REGISTERS AND CUSTODY
(1) The minutes of the proceedings of the Conference shall be recorded by the Secretary and shall, after being perused by the Chairperson, be supplied to the members.
(2) The Secretary shall cause to be prepared daily verbatim reports of the deliberations of the Conference.
(3) The Conference shall, at the next sitting following each sitting confirm and approve the minutes of its previous sitting.
A register of attendance of members shall be kept by the Secretary in respect of all members in which shall be recorded–
(a) the attendance of members at the sittings of the Conference and its committees;
(b) apologies tendered by members in respect of a meeting or sitting;
(c) permission granted to members for missing a meeting or sitting of the Conference or committee; and
(d) any other information as the Conference may direct.
50. Member not to be absent, or leave, from Conference without permission of Chairperson
(1) A member shall not leave a sitting of the Conference, permanently, or be absent from a sitting of the Conference without the permission of the Chairperson.
(2) Where it is brought to the attention of the Chairperson that a member is persistently absent from, or leave, sittings of the Conference, permanently without the permission of the Chairperson, the Chairperson shall refer the matter to the Disciplinary Committee.
51. Register of declaration of interest
A register of disclosure of interest shall be kept by the Secretary in respect of all members in terms of section 18 of the Act.
The Secretary shall keep a Register of members in which shall be recorded such information in respect of the members as the Conference may direct.
53. Publication of deliberations
The Conference shall publicise its deliberations or avail a record of the proceedings of any meeting through the print and electronic media or the Gazette as determined by the General Purposes Committee.
54. Spokesperson to speak on behalf of Conference
The Spokesperson shall speak on behalf of the Conference and shall disseminate, to the public, information concerning the proceedings and other affairs of the Conference.
55. Custody of records and documents
The Secretary shall have custody of all the records and other documents belonging to the conference and shall neither take nor permit to be taken any such record or other documents from the Chamber or offices of the conference without the express leave of the Conference.
56. Notices, proceedings etc., to be translated into Braille
All notices, proceedings and reports of the Conference prepared under these Rules shall, be translated into Braille to facilitate access to the information by visually impaired persons.
The Secretary shall provide a sign language interpreter for deaf members and members of the public at each sitting of the Conference.
(1) The meeting of the Conference shall be held in places that are accessible to persons with disabilities.
(2) The Secretary shall ensure that the services and amenities provided to the members are also accessible to members with disabilities.
NATIONAL CONSTITUTIONAL CONFERENCE (DISCIPLINARY COMMITTEE PROCEEDINGS) RULES, 2008
[Section 33]
Arrangement of Rules
PART I
PRELIMINARY
Rule
1. Title
2. Interpretation
3. Functions of the Committee
4. Disciplinary Committee
PART II
COMPLAINT AGAINST MEMBERS AND MEMBERS OF STAFF
5. Complaint against member and member of staff
6. Frivolous, vexatious, etc. of complaints
7. Dismissal of complaint
8. Committee may require further information
9. Notice of hearing
10. Inspection of documents
11. Legal representation
12. Failure to appear
13. Evidence
14. Report of findings
15. Recommendation of Committee
PART III
GENERAL PROVISIONS
16. Quorum
17. Hearing in private
18. Withdrawal of complaint
19. Adjournment of hearing
20. Amendment, etc., of affidavit
21. Record of proceedings and inspection thereof
22. Proceedings and reports to be translated into braille
23. Service of documents
24. Power of Committee to dispense with documents, etc.
25. Extension of time
26. Appeals
SI 26 of 2008.
PART I
PRELIMINARY
These Rules may be cited as the National Constitutional Conference (Disciplinary Committee Proceedings) Rules, 2008.
In these Rules, unless the context otherwise requires–
“Act” means the National Constitutional Conference Act, 2007;
“Conference” has the meaning assigned to it in the Act;
“Committee” means the Standing Committee established under subsection (2) of section 16 of the Act and for purposes of these Rules referred to as the Disciplinary Committee;
“legal practitioner” has the meaning assigned to it in the Legal Practitioners Act;
“member” means a member of the Conference;
“Secretariat” means the Secretariat of the Conference;
“Secretary” means the Secretary to the Conference; and
“Vice-Chairperson” has the meaning assigned to it in the Act.
(1) The Committee shall comprise the three Vice-Chairperson of the Conference and eight other members elected by the Conference:
Provided that at any meeting of the Committee, only one Vice-Chairperson as the members of the Committee may determine shall attend and preside over the proceedings of the Committee.
(2) One member of the Committee shall be a legal practitioner.
The Committee shall–
(a) consider and determine disciplinary matters relating to the members and the members of staff;
(b) inquire into the conduct of any member or member of staff; and
(c) consider any other disciplinary matter referred to it by the Conference.
PART II
COMPLAINT AGAINST MEMBER AND MEMBERS OF STAFF
5. Complaint against member and member of staff
(1) A complaint may be lodged with the Disciplinary Committee against a member or member of staff where it is alleged that the member or member of staff has–
(a) breached the principles under section 14 of the Act or contravened any other provision of the Act;
(b) during the deliberations–
(i) conducted oneself in a manner that causes discord; or
(ii) been violent, threatened any person with violence or did anything that is provocative;
(c) interfered with any person's right to hold or attend a meeting of a committee or the Conference or the person’s liberty or the freedom of expression or conscience, except in accordance with the law;
(d) taken any political, administrative or other action that adversely affected the deliberations or the operation or success of the adoption process; or
(e) in the case of the Secretariat, contravened the terms of employment.
(2) A complaint shall be in Forms I set out in the Schedule and shall be sent to the Secretary together with an affidavit in Form II set out in the Schedule stating the matters of fact on which the person relies in support of the complaint.
(3) Where the complaint is made by the Conference, the complaint shall be signed and the affidavit sworn on behalf of the Conference by the Secretary.
(4) A complaint under these Rules shall be made within 30 days from the occurrence of the omission, action or event upon which the complaint is made:
Provided that the Committee may extend the time specified for lodging a complaint under this sub-rule where the Committee considers that the complainant was prevented by sufficient cause from lodging the complaint within the time specified.
(5) Where a complaint is in respect of the Secretary, the complaint shall be lodged with any of the Deputy Secretaries to the Conference.
6. Frivolous, vexatious, etc. of complaints
(1) The Committee may decline to act a complaint received by it where the Committee considers that–
(a) the complaint is frivolous or vexatious;
(b) the complaint is misconceived or lacking in substance;
(c) the complaint is trivial;
(d) there is a more appropriate method of dealing with the complaint available; or
(e) the complaint has already been dealt with adequately.
(2) The Committee shall, where an issue in a complaint has been determined by a court or tribunal authorised to determine the issue at law, after consideration of the matters raised by the complaint, decline to act on the complaint to the extent that the complaint attempts to re-open the issue.
(1) The Committee may, where no prima facie case is established in the complaint, dismiss the complaint, without requiring the member of member of staff against whom the complaint is made to answer the allegations, and without hearing the complainant.
(2) The Committee shall, where required either by the complainant or the member or member of staff, make a formal order dismissing the complaint.
8. Committee may require further information
Before fixing a date for the hearing, the Committee may require the complainant to supply such further information and documents relating to the complaint as it considers necessary.
(1) The Committee shall, where a prima facie case is established in the complaint, fix a date for the hearing.
(2) The Secretary shall, where a date for the hearing is fixed under sub-rule (1)–
(a) serve notice of the complaint to the person against whom the complaint has been made in Form III set out in the Schedule and the date for the hearing on each party to the proceedings;
(b) serve on each party, other than the complainant, a copy of the complaint and the affidavit, and
(c) request the person against whom the complaint is made to answer to the complainant in Form III set out in the Schedule
(3) There shall be at least 21 days between the service of the notice and the date for the hearing.
(4) The notice to the complainant shall be in Form IV set out in the Schedule and shall require the party to whom it is addressed to furnish to the Committee and to every other party, at least 14 days before the date fixed for the hearing, unless 14 days before the date fixed for the hearing, unless the Committee directs otherwise, a list and copies of all the documents on which the party intends to rely.
(1) Any party may inspect the documents included in the list furnished by any other party under sub-rule (4) of rule 9.
(2) A party shall furnish the other party a copy of any document mentioned in the list within three days after the receipt of the complaint.
(3) All inspections under this rule shall be completed not less than seven days before the date fixed for the hearing.
Any party to the proceedings under these Rules may be represented by a legal practitioner of that party’s choice.
The Committee may, where any party fails to appear at the hearing twice, upon proof of service on such party of the notice of hearing, proceed to hear and determine the complaint in that party’s absence.
(1) The Committee may accept, admit or call for any evidence at any stage of the proceedings and in any manner it considers appropriate.
(2) The Committee may, either as to the whole matter or as to any particular fact or facts, proceed and act upon evidence given by affidavit.
(3) Any party to the proceedings may–
(a) call witnesses to testify on their own behalf; and
(b) require the attendance.
(4) The Committee may issue a subpoena in Form V set out in the Schedule.
(5) The Committee may require a witness to give evidence on oath or affirmation.
(1) The Committee shall, on the termination of the hearing presents its findings in the form of a report to the Conference for information purposes only, which shall be signed and filed with the Secretary, and shall be open to inspection by the member or member of staff to whom the complaint relates and by the complainant, but shall not be open to public inspection.
(2) The evidence taken and the documents put in evidence at the hearing shall be filed with the Secretary to the Conference at the same time as the findings and the report.
15. Recommendation of Committee
(1) Where the Committee, at the close of a hearing of a complaint, is satisfied that–
(a) a case for taking disciplinary action against a member or member of staff has been established the Committee may–
(i) admonish the member or member of staff in writing and order them to apologise and desist from conducting themselves in the manner complained about; or
(ii) recommend to the Secretary to the Cabinet, through the Chairperson, that the member or member of staff be suspended from office for such period as the Disciplinary Committee may advise or that the member or member of staff be removed from office; or
(b) a case for taking of disciplinary action against a member or member of staff has not been established against the person to whom the complaint relates, the Committee shall dismiss the complaint.
(2) The Committee shall inform the member or member of staff of the action taken against the member or member of staff and given the reason for the decision.
(3) The Secretary to the Cabinet shall, where a member is removed on the recommendation of the Disciplinary Committee under these Rules, appoint another member to replace the member who is removed in accordance with section 4 of the Act
PART III
GENERAL PROVISIONS
One half of the members of the Committee shall form a quorum.
The Committee shall hear all complaints in private.
(1) Unless the Committee directs otherwise, a complaint may be withdrawn.
(2) Where a party has applied for leave to withdraw the complaint, the Committee may, on such terms as it shall consider appropriate, grant such leave, or of its own motion or upon the complaint or any party, adjourn the hearing.
The Committee may, of its own motion or upon the application of any party, adjourn the hearing on such terms as the Committee considers appropriate.
20. Amendment, etc., of affidavit
(1) The Committee may, where it appears that the allegations in the affidavit require to be amended, or added to, permit the amendment or addition.
(2) Where in the opinion of the Committee an amendment or addition is not within the scope of the affidavit, the Committee may require the amendment or addition to be embodied in a further affidavit.
(3) The Committee shall grant an adjournment of the hearing where any amendment or addition is such as to take any party by surprise or prejudice the conduct of the case, on such terms as the Committee considers appropriate.
21. Records of proceedings and inspection thereof
(1) A record of proceedings shall be taken by the Committee.
(2) Any party who appeared at the proceedings may inspect the record of proceedings.
(3) The Committee may give a copy of the record of proceedings to any person entitled to be heard upon an appeal against an order of the Committee, and to the Conference.
22. Proceedings reports to be translated into braille
All proceedings and reports of the Committee prepared and under these Rules shall be translated into Braille to facilitate access to the information by visually impaired persons.
Service of any notice or document may be effected under these Rules by registered letter addressed, in the case of a member, to the member’s place of business appearing in the register of members and, in every other case, to the last known place of business or abode of the person to be served, and such service shall be deemed to be effected at the time when the letter would be delivered in the ordinary course of post.
24. Power of Committee to dispense with documents, etc.
The Committee may dispense with any requirements of these Rules respecting notices, affidavits, documents, service, or time, in any case where it appears to the Committee to be just so to do.
The Committee may extend the time for service and submission of a complaint and other documents which are required to be served and submitted under these Rules, where the Committee is satisfied that the person required to serve or submit the complaint or other document had good reason for failing to do so within the specified period.
A member or member of staff aggrieved by the decision of the Secretary to the Cabinet to suspend or remove the member or member of staff from office on the recommendation of the Committee made under rule 16 may appeal to the High Court within 30 days of receipt of the decision.
PRESCRIBED FORMS
[Rules 5(2), 9(2), 9(4) and 13 (4)]
FORM 1
[Rules 5(2)]
FORM OF COMPLAINT AGAINST A MEMBER/STAFF MEMBER
TO: THE DISCIPLINARY COMMITTEE
IN THE MATTER OF C.D*........................................................, A MEMBER/STAFF MEMBER AND
IN THE MATTER OF THE NATIONAL CONSTITUTIONAL CONFERENCE ACT.
I, the undersigned, ……………………………………………………………… hereby make complaint–
(a) that …………………………………….. of …………………………………, Member /staff member, may be required to answer the allegations contained in the affidavit whish accompanies this complaint;
(b) that the Committee determines the matter as the Committee considers appropriate.
In witness whereof I have hereunto set my hand this ………………. day of …….; 20….
…………………………. Signature.
………………………….. Address.
………………………….. Occupation.
* The full name must be stated.
Initials are not sufficient.
FORM 2
[Rule 5 (2)]
FORM OF AFFIDAVIT BY COMPLAINANT
IN THE MATTER OF C.D .............................................., A MEMBER/STAFF MEMBER AND IN THE MATTER OF THE NATIONAL CONSTITUTIONAL CONFERENCE ACT, NO. 19 OF 2007.
I, *A.B; of …………………………………………… make oath and say as follows:
(1) C.D., of ……………………………., ………………………………….
(2) ( Here state the facts concisely in numbered paragraphs)
…………………………………………………………………………
…………………………………………………………………………
…………………………………………………………………………..
Sworn by the said …………………………………..}
at ……………… on the ………………………… day of ……………………………., 20 …
Before me ………………………………………….. (Commissioner for Oaths)
*Insert full name, address and occupation.
FORM 3
[Rule 9(2)]
FORM OF NOTICE TO MEMBER/STAFF MEMBER BY THE DISCIPLINARY COMMITTEE
IN THE MATTER OF C.D ............................................................................................, A MEMBER/STAFF MEMBER, AND IN THE MATTER OF THE NATIONAL CONSTITUTIONAL CONFERENCE ACT, NO. 19 OF 2007
To: A.B., of …………………………………………………, member/staff member.
A complaint has been made by A.B., of ……………………………….. to the Disciplinary Committee constituted under the National Constitutional Conference Act, 2007, that you may be required to answer the allegations contained in the affidavit, whereof a copy accompanies this notice.
The …………… day of ……………….., 20 , is the day fixed by the Committee for the hearing of the complaint.
The Committee will sit at ………………Lusaka at ……………….. hours.
If you fail to appear, the Committee may, in accordance with the National Constitutional Conference (Disciplinary Committee Proceedings) Rules, 2008, proceed in your absence.
You are required by the said Rules to furnish to every other party to the complaint and to the Disciplinary Committee at ………………………….. Lusaka, at least 14 days before the said ………… day of …………………, 20 ..., an answer together with a list and copies of all the documents on which you propose to rely.
Any party may inspect the documents included in the list furnished by the other party, and a copy of any document mentioned in the list of any party must be furnished to that party by the other within three days after receipt of such application.
You are required to acknowledge the receipt of this notice without delay.
Dated this ……………… day of …………, 20…
......................................
Secretary
ANSWER BY MEMBER/MEMBER OF STAFF
To: The Disciplinary Committee
The member/staff member respectfully submits her/his/ their answer as herein stated (set out in numbered paragraphs the member’s/staff member’s answer to the complaint) ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………
Dated: …………………………………………………. Signed ………………………..
(N.B. A print of the National Constitutional Conference (Disciplinary Committee Proceedings) Rules, 2008, is sent herewith for your information and guidance.)
FORM 4
[Rule 9(4)]
FORM OF NOTICE TO COMPLAINANT BY THE DISCIPLINARY COMMITTEE
IN THE MATTER OF C.D ........................................................................, A MEMBER/STAFF MEMBER, AND IN THE MATTER OF THE NATIONAL CONSTITUTIONAL CONFERENCE ACT, NO. 19 OF 2007
To: A.B., of …………………………………………………, member/staff member.
A complaint has been made by A.B., of ……………………………….. to the Disciplinary Committee constituted under the National Constitutional Conference Act, 2007, for the hearing of your complaint in the matter of C.D., member/staff member.
The Committee will sit at ……………… Lusaka at ……………….. hours.
You are required by the National Constitutional Conference (Disciplinary Committee Proceedings) Rules, 2008, to furnish to every other party to the complaint and to the Disciplinary Committee at ……………………, Lusaka, at least 14 days before the said day of …………………, 20 .., an answer together with a list and copies of all the documents on which you propose to rely.
Any party may inspect the documents included in the list furnished by the other party, and a copy of any document mentioned in the list of any party must be furnished to that party by the other within three days after receipt of such application.
If any party shall fail to appear and the Committee decides to proceed in the party’s absence, any party appearing must be prepared to prove service, in accordance with the National Constitutional Conference (Disciplinary Committee Proceedings) Rules, 2008, of the list and copies of documents and other notice or correspondence since the lodging of the complaint. You are requested to acknowledge the receipt of this notice without delay.
Dated this …………………….. day of ……………………, 20 …
...........................
Chairperson
The Disciplinary Committee
(N.B. A print of the National Constitutional Conference (Disciplinary Committee Proceedings) Rules, 2008, is sent herewith for your information and guidance.)
FORM 5
[Rule 13(4)]
FORM OF SUBPOENA DUCES TECUM
IN THE MATTER OF C.D ..........................................................................., A MEMBER/STAFF MEMBER, AND IN THE MATTER OF THE NATIONAL CONSTITUTIONAL CONFERENCE ACT, NO. 19 OF 2007
To: ...............................................................................
You are commanded to attend before the Disciplinary Committee constituted under the national Constitutional Conference Act, 2007, at ………………… on the ………... day of ……………………, 20…., at ………….. hours and so from day to day until the complaint in the above matter is heard, to give evidence on behalf of ………………… and also to bring with you and produce at the time and place aforesaid (specify documents to be produced).
……………………………………………
Chairperson The Disciplinary Committee
NATIONAL CONSTITUTIONAL CONFERENCE (EXTENSION OF DURATION OF CONFERENCE) ORDER, 2009
[Section 22]
Arrangement of Paragraphs
Paragraph
1. Title
2. . Interpretation
3. Extension of duration of Conference
SI 52 of 2009.
This Order may be cited as the National Constitutional Conference (Extension of Duration of Conference) Order, 2009.
In this Order, unless the context otherwise requires–
"Conference" has the meaning assigned to it in the Act.
3. Extension of duration of Conference
The duration of the Conference is hereby extended for a further period of 10 months from the date of expiry of the period specified in section 22 of the Act:
Provided that the period of 10 months shall not include public holidays and the time during which the National Assembly is sitting.{/mprestriction}