Zambia's presidential by-election will be held within 90 days from the death of President Levy Mwanawasa on Tuesday, Justice Minister George Kunda has announced, The Post reported Friday.
Giving explanations on the constitutional provisions and the way forward in the succession process Thursday, Kunda assured people that the presidential by-election would be held according to the constitution.
He said that following Mwanawasa's death, numerous questions were being asked as to the present legal position of the government and the steps that need to be taken to move forward.
"Under Article 38 (2) of the Republican constitution, if the Office of President becomes vacant by reason of his death, the Vice President, or if the Vice President is absent or is unable due to physical or mental infirmity to discharge the functions of his office, a member of the Cabinet elected by the Cabinet shall perform the functions of office of President until a person elected as President assumes office."
He said that Article 38 states that if the office of President becomes vacant by reason of his death or resignation or by reason of his ceasing to hold office by virtue of Article 36, 37 or 88, an election to the office of President shall be held in accordance with article 34 within 90 days from the date of the office becoming vacant.
"Ninety days refers to 90 calendar days. In this case, the 90 days began to run on the 19th August, 2008 when President Mwanawasa died.
The period of 90 days includes Saturdays and Sundays as well as public holidays. It also includes the days of national mourning," Kunda said.
He said acting President Rupiah Banda could perform all the functions of the President except he could not dissolve the National Assembly nor could he, without the advice of Cabinet, revoke any appointment made by the President.
He said in all other respects the Acting President had full presidential powers.
He said the death of a sitting President did not entail a dissolution of Parliament, therefore there would be no general elections but just a presidential by-election.
Kunda explained that whoever would be elected as President during the presidential by-elections would hold office for the remainder of the period before the next general elections in 2011.
He said the current National Assembly which was elected in 2006shall stand dissolved at the end of five years of its life in 2011.
Mwanawasa died in the Percy Military Hospital in Paris after being hospitalized there for more than a month, 15 days before he could turn 60 years old.
Mwanawasa was hit by a stroke on June 29 in Sharm-el-Sheik, Egypt, where he was to attend the African Union summit.
He was admitted into Sharm-el-Sheik International Hospital and transferred on July 1 to the hospital in Paris.
Source:Xinhua
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