Editing Am I pretty?

From Roach Busters

Warning: You are not logged in. Your IP address will be recorded in this page's edit history.

WARNING: This page is 49 kilobytes long; some browsers may have problems editing pages approaching or longer than 32kb. Please consider breaking the page into smaller sections.

The edit can be undone. Please check the comparison below to verify that this is what you want to do, and then save the changes below to finish undoing the edit.
Current revision Your text
Line 170: Line 170:
'''13.''' (1) There shall be payable out of and as a charge on the Consolidated Revenue Fund ―
'''13.''' (1) There shall be payable out of and as a charge on the Consolidated Revenue Fund ―
-
(''a'') to any person who has at any time occupied the office of President, an annual pension equal to the annual salary which was payable to him on the day upon which he vacated office;
+
(''a'') to any person who has at any time occupied the office of President, a pension at the rate of twenty-five thousand dollars per annum;
-
(''b'') to the widow of any such person a pension at the rate of three-quarters of the rate of the pension payable to such person.
+
(''b'') to the widow of any such person, unless her marriage to him took place after the date on which he vacated office, a pension at the rate of two-thirds of the rate of the pension payable to such person.
(2) Any pension under subsection (1) shall be payable ―
(2) Any pension under subsection (1) shall be payable ―
Line 198: Line 198:
===PART II<br>THE SENATE===
===PART II<br>THE SENATE===
====Constitution of Senate====
====Constitution of Senate====
-
'''17.''' (1) The Senate shall consist of elected and appointed senators as follows ―
+
'''17.''' (1) The Senate shall consist of thirty senators of whom fifteen (hereinafter referred to as "elected senators") shall be elected by the House of Assembly and fifteen (hereinafter referred to as "appointed senators") shall be appointed by the President.
-
 
+
-
(''a'') four members for each province shall be elected by the members of the provincial council of the province in accordance with the system of proportional representation by means of the single transferable vote;
+
-
 
+
-
(''b'') two members for each province shall be appointed by the President.
+
(2) The Senate shall be a permanent body and the term of office of a senator shall not be affected, and the seat of a senator shall not become vacant by reason of a dissolution of Parliament.
(2) The Senate shall be a permanent body and the term of office of a senator shall not be affected, and the seat of a senator shall not become vacant by reason of a dissolution of Parliament.
Line 216: Line 212:
(''b'') a person who is elected or appointed to fill a vacancy caused by the termination of a senator's period of office by effluxion of time shall, for the purposes of this section, be deemed to have been elected or appointed on such termination.
(''b'') a person who is elected or appointed to fill a vacancy caused by the termination of a senator's period of office by effluxion of time shall, for the purposes of this section, be deemed to have been elected or appointed on such termination.
-
(5) A retiring senator shall, if otherwise qualified, be eligible for re-election or reappointment from time to time.
+
(5) A separate election shall be held for the filling of each casual vacancy among the elected senators.
-
(6) In this section, the expression "casual vacancy" means a vacancy occurring otherwise than by the termination of a senator's period of office by effluxion of time.
+
(6) A retiring senator shall, if otherwise qualified, be eligible for re-election or reappointment from time to time.
 +
 
 +
(7) In this section, the expression "casual vacancy" means a vacancy occurring otherwise than by the termination of a senator's period of office by effluxion of time.
====Elected senators====
====Elected senators====
-
'''18.''' (1) As often as there is a vacancy among the members elected to the Senate by a province the President shall give notice to the administrator of the province that an election of a senator is required and the administrator shall require the provincial council to elect a senator as soon as may be.
+
'''18.''' (1) After the first election of the Speaker in terms of section ''_____'' and the first election of the Deputy Speaker in terms of section ''_____'', the House of Assembly shall, before proceeding to any other business, elect fifteen senators; and thereafter, as soon as may be after the occurrence of a vacancy among the elected senators, the House of Assembly shall elect a person to fill such vacancy.
-
 
+
-
(2)  The names of candidates for election shall be proposed and seconded by members of the provincial council and the member proposing or the member seconding shall submit a statement in writing, signed by the person nominated, that he is willing to serve as a senator if elected.
+
-
 
+
-
(3) When all the nominations have been received, the presiding officer shall announce the names of the persons nominated in alphabetical order and shall then put their names to the vote in that order.
+
-
 
+
-
(4) Each member present shall be entitled to vote for as many candidates as there are vacancies to be filled, and the names of the members voting for each candidate shall be recorded; and if any member casts a vote in addition to those allowed by this subsection that vote shall be void.
+
-
 
+
-
(5) The presiding officer shall declare to be elected the candidate or candidates who receive the largest number of votes, but if two or more candidates have an equal number of votes and the number of those candidates is larger than the number of vacancies to be filled, the election of those candidates shall be determined by lot.
+
-
(6) Notwithstanding anything in subsections (2) to (5), if a vacancy due to the expiry of the term of office of a senator is to be filled at the same meeting as a vacancy arising in any other way there shall first be an election to fill the vacancy due to the expiry of the term and then a separate election to fill the other vacancy.
+
(2) The election of senators shall, whenever such election is contested, be according to the principle of proportional representation, each voter having one transferable vote.
-
(7) The presiding officer shall certify to the Clerk to the Senate, by writing under his hand, the name of a person elected as senator in accordance with the provisions of this section.
+
(3) As soon as may be after the election of a senator, the Secretary to Parliament shall communicate to the President the name of the person elected.
-
(8) If any question arises whether a member of the Senate has been duly elected in accordance with the provisions of this section, the decision of the Senate shall be taken and shall be final, but the failure to hold an election under subsection (1) as soon as my be shall not of itself invalidate the election of any senator.
+
====Regulations for election of senators====
 +
'''19.''' The President shall, before the first election of senators in terms of section ''eighteen'' of this Constitution, make regulations prescribing the method of voting and of transferring and counting votes in any election of senators; and such regulations shall have effect as if enacted in this Constitution until Parliament shall otherwise provide.
====Appointed senators====
====Appointed senators====
-
'''19.''' (1) As soon as may be alter the first election of senators under section ''eighteen'' of this Constitution, the President shall appoint two senators for each province, and thereafter, whenever there is a vacancy among the appointed senators, the President shall appoint a person to fill the vacancy:
+
'''20.''' (1) As soon as may be alter the first election of senators under section ''eighteen'' of this Constitution, the President shall appoint fifteen senators, and thereafter, whenever there is a vacancy among the appointed senators, the President shall appoint a person to fill the vacancy:
Provided that, if there is at the same time a vacancy among the elected senators, the President may defer filling the vacancy among the appointed senators until the vacancy among the elected senators has been filled.
Provided that, if there is at the same time a vacancy among the elected senators, the President may defer filling the vacancy among the appointed senators until the vacancy among the elected senators has been filled.
-
(2) Whenever a person is appointed a senator under this section, the President shall cause to be sent to the Clerk to the Senate a certificate signed by the President setting out the name of the person appointed and the date of appointment. Such certificate shall be conclusive for all purposes and shall not be questioned in any court of law.
+
(2) Whenever a person is appointed a senator under this section, the President shall cause to be sent to the Secretary to Parliament a certificate signed by the President setting out the name of the person appointed and the date of appointment. Such certificate shall be conclusive for all purposes and shall not be questioned in any court of law.
(3) In the exercise of his functions under this section the President shall endeavor to appoint persons who he is satisfied have rendered distinguished public service or are persons of eminence in professional, commercial, industrial or agricultural life, including education, law, medicine, science, engineering and banking.
(3) In the exercise of his functions under this section the President shall endeavor to appoint persons who he is satisfied have rendered distinguished public service or are persons of eminence in professional, commercial, industrial or agricultural life, including education, law, medicine, science, engineering and banking.
====Tenure of office of first senators====
====Tenure of office of first senators====
-
'''20.''' For the purpose of securing that one-third of the senators shall retire every second year, at the first meeting of the Senate under this Constitution, the Senate shall by lot divide the senators into three classes; and the term of office of the senators of the first class shall terminate at the expiry of a period of two years, the term of office of the senators of the second class shall terminate at the expiry of a period of four years, and the term of office of the senators of the third class shall terminate at the expiry of a period of six years, from the date of election or appointment, as the case may be. For the purposes of this section, appointed senators shall be deemed to have been appointed on the day on which elected senators are elected.
+
'''21.''' For the purpose of securing that one-third of the senators shall retire every second year, at the first meeting of the Senate under this Constitution, the Senate shall by lot divide the senators into three classes, each class consisting of five elected senators and five appointed senators; and the term of office of the senators of the first class shall terminate at the expiry of a period of two years, the term of office of the senators of the second class shall terminate at the expiry of a period of four years, and the term of office of the senators of the third class shall terminate at the expiry of a period of six years, from the date of election or appointment, as the case may be. For the purposes of this section, appointed senators shall be deemed to have been appointed on the day on which elected senators are elected.
====Standing committees of Senate====
====Standing committees of Senate====
-
'''21.''' The Senate may from time to time establish standing committees as it may deem fit, and any Minister or Deputy Minister may at any time with due regard to the rules of the Senate, move that any matter be referred to such a committee for investigation and report.
+
'''22.''' The Senate may from time to time establish standing committees as it may deem fit, and any Minister or Deputy Minister may at any time with due regard to the rules of the Senate, move that any matter be referred to such a committee for investigation and report.
====Announcing of legislation intended to be introduced in Senate====
====Announcing of legislation intended to be introduced in Senate====
-
'''22.''' The Prime Minister or any Minister acting on his behalf shall at the commencement of each session and may from time to time during the course of any session of Parliament as circumstances may require, make known what bills are to be introduced in the Senate during that session.
+
'''23.''' The Prime Minister or any Minister acting on his behalf shall at the commencement of each session and may from time to time during the course of any session of Parliament as circumstances may require, make known what bills are to be introduced in the Senate during that session.
====Qualifications of senators====
====Qualifications of senators====
-
'''23.''' No person shall be qualified to be a senator under this Constitution unless —
+
'''24.''' No person shall be qualified to be a senator under this Constitution unless —
(''a'') he is a citizen of _____;
(''a'') he is a citizen of _____;
Line 262: Line 253:
(''b'') he has attained the age of 30 years;
(''b'') he has attained the age of 30 years;
-
(''c'') he is qualified for registration as a voter for the purposes of the election of members of the House of Assembly and is so registered;
+
(''c'') he is qualified for registration as a voter for the purposes of the election of members of the House of Assembly and is so registered; and
-
(''d'') he possesses the qualifications specified in section _____;
+
(''d'') he has been domiciled in _____ for a period of at least five years.
-
 
+
-
(''e'') he is not subject to any of the disqualifications specified in section _____; and
+
-
 
+
-
(''f'') he has been domiciled in _____ for a period of at least five years.
+
====The Senate Legal Committee====
====The Senate Legal Committee====
-
'''24.''' (1) After a general election and as soon as practicable after the election of the President of the Senate in terms of section ''twenty-five'' and the election of the Deputy President of the Senate in terms of section ''twenty-seven'' the President of the Senate shall, subject to the provisions of this section, appoint a committee to be known as the Senate Legal Committee.
+
'''25.''' (1) After a general election and as soon as practicable after the election of the President of the Senate in terms of section ''twenty-six'' and the election of the Deputy President of the Senate in terms of section ''twenty-eight'' the President of the Senate shall, subject to the provisions of this section, appoint a committee to be known as the Senate Legal Committee.
(2) The Senate Legal Committee shall consist of such number of senators as the President may determine and the President may, at any time after the appointment of the Senate Legal Committee, direct that the membership thereof shall be increased or decreased, as the case may be, by such number as he may specify:
(2) The Senate Legal Committee shall consist of such number of senators as the President may determine and the President may, at any time after the appointment of the Senate Legal Committee, direct that the membership thereof shall be increased or decreased, as the case may be, by such number as he may specify:
Line 279: Line 266:
(3) A majority of the members of the Senate Legal Committee shall consist of persons holding such legal qualifications as may be prescribed by a law of the Legislature for the purposes of this section.
(3) A majority of the members of the Senate Legal Committee shall consist of persons holding such legal qualifications as may be prescribed by a law of the Legislature for the purposes of this section.
-
====Election of President of Senate====
+
====President of the Senate====
-
'''25.''' (1) The Senate shall, before proceeding to the dispatch of any other business, elect a person to be President of the Senate, and, whenever the office of the President of the Senate becomes vacant the Senate shall not transact any other business until a person to fill that office has been elected.
+
'''26.''' (1) The Senate shall, before proceeding to the dispatch of any other business, choose a senator to be the President of the Senate, and as often as the office of President becomes vacant the Senate shall again choose a senator to be the President.
-
(2) The President of the Senate shall be elected in accordance with the Standing Orders, either from among the members of the Senate or the House of Assembly who are neither Ministers nor Deputy Ministers, or from among persons who are not members of the Senate or the House of Assembly:
+
(2) The President of the Senate may at any time resign his office either by announcing his resignation in person to the Senate or by notice in writing to the Secretary to Parliament.
-
Provided that a person who is not a member of the Senate shall not be elected President of the Senate unless he is qualified in accordance with
+
(3) The President of the Senate shall vacate his office ―
-
the provisions of section ''twenty-three'' for election or appointment to the Senate.
+
-
(3) If a senator is elected as President of the Senate, he shall cease to be a senator.
+
(''a'') if he becomes a Minister or a Deputy Minister; or
-
(4) Before a person who has been elected as the President of the Senate enters upon the duties of his office he shall, unless he has already done so in accordance with the provisions of section _____, take and subscribe before the Senate such oath as may be prescribed by the Legislature.
+
(''b'') if he is elected as a member of the House of Assembly; or
-
====Tenure of office of President of Senate====
+
(''c'') if he ceases to be a senator.
-
'''26.''' (1) The President of the Senate may at any time resign his office either by announcing his resignation in person to the Senate or by notice in writing to the Clerk to the Senate.
+
-
(2) The President of the Senate shall vacate his office ―
+
(4) The office of the President of the Senate shall become vacant if the Senate, by an affirmative vote of not less than two-thirds of the total membership of the Senate, resolves that the office of the President of the Senate shall become vacant.
-
 
+
-
(''a'') on the dissolution of the Senate by effluxion of time; or
+
-
 
+
-
(''b'') if he becomes a Minister or a Deputy Minister; or
+
-
 
+
-
(''c'') if he is elected or appointed as a senator; or
+
-
 
+
-
(''d'') if he is elected as a member of the House of Assembly or as the Speaker; or
+
-
 
+
-
(''e'') if any circumstances arise that, if he had been a senator ―
+
-
 
+
-
(i) the provisions of section _____ would apply to him and his seat as a senator would become vacant; or
+
-
<br>(ii) he would be required, by virtue of the provisions of section _____, to cease to exercise any of his functions as a senator.
+
-
 
+
-
(3) The office of the President of the Senate shall become vacant if the Senate, by an affirmative vote of not less than two-thirds of the total membership of the Senate, resolves that the office of the President of the Senate shall become vacant.
+
====Deputy President of the Senate====
====Deputy President of the Senate====
-
'''27.''' (1) As soon as practicable after the election of the President of the Senate in terms of section ''twenty-five'', the Senate shall elect a senator, not being a Minister or a Deputy Minister, to be the Deputy President of the Senate and to be chairman when the Senate is in Committee and, whenever the office of the Deputy President of the Senate becomes vacant, the Senate shall as soon as convenient elect another such senator to that office.
+
'''27.''' Prior to or during any absence of the President of the Senate the Senate may choose a senator to perform his duties in his absence.
-
 
+
-
(2) The Deputy President of the Senate shall be elected in accordance with the Standing Orders.
+
-
 
+
-
(3) The Deputy President may at any time resign his office by notice in writing to the Clerk to the Senate and shall vacate his office ―
+
-
 
+
-
(''a'') if he ceases to be a senator; or
+
-
 
+
-
(''b'') if he is required by virtue of the provisions of section _____ or _____ to cease to exercise any of his functions as a senator; or
+
-
 
+
-
(''c'') if he becomes a Minister or a Deputy Minister.
+
===PART III<br>THE HOUSE OF ASSEMBLY===
===PART III<br>THE HOUSE OF ASSEMBLY===
Line 328: Line 288:
'''28.''' The House of Assembly shall be composed of ―
'''28.''' The House of Assembly shall be composed of ―
-
(''a'') seventy-two members, each of whom shall be directly elected by the persons entitled to vote at an election of such a member in an electoral division delimited as provided in section _____;
+
(''a'') seventy-two members, each of whom shall be directly elected by the persons entitled to vote at an election of such a member in an electoral division delimited as provided in section ''thirty-one'';
-
 
+
-
(''b'') twenty-four members elected by the members contemplated in paragraph (''a'') according to the principle of proportional representation, each voter having one transferable vote;
+
-
(''c'') twelve members appointed by the President to represent any important interest in _____ which in his opinion is not represented or is inadequately represented; and
+
(''b'') twenty-four specially elected members elected in accordance with the provisions of section ''thirty-four''; and
-
(''d'') the Attorney-General.
+
(''c'') the Attorney-General.
====Elections====
====Elections====
Line 378: Line 336:
(4) If any discrepancy arises between the description of the divisions and the aforesaid map or maps, the description shall prevail.
(4) If any discrepancy arises between the description of the divisions and the aforesaid map or maps, the description shall prevail.
-
====Date from which alteration of electoral divisions takes effect====
+
====Date from which alteration of electoral divisons takes effect====
'''33.''' Any alteration in the number of members of the House of Assembly to be elected in the several provinces, and any re-division of the provinces into electoral divisions, shall, in respect of the election of members of the House of Assembly, come into operation at the next general election held after the completion of the re-division or of any allocation consequent upon such alteration, and not earlier.
'''33.''' Any alteration in the number of members of the House of Assembly to be elected in the several provinces, and any re-division of the provinces into electoral divisions, shall, in respect of the election of members of the House of Assembly, come into operation at the next general election held after the completion of the re-division or of any allocation consequent upon such alteration, and not earlier.
-
The President shall, on the nomination of the House of Assembly, appoint the Prime Minister.
+
====Specially elected members====
-
 
+
'''34.''' (1) For the purpose of filling the twenty-four seats in the House of Assembly referred to in paragraph (''b'') of section ''twenty-eight'', the total number of votes cast in a general election for these seats shall be divided by twenty-four and the result shall constitute the quota of votes per seat.
-
The President shall, on the nomination of the Prime Minister with the previous approval of the House of Assembly, appoint the other members of the Government.
+
-
 
+
-
 
+
-
(1) The President shall, acting in accordance with his own discretion and subject to the approval of the House of Assembly, appoint as Prime Minister the person who in his judgment is likely to command the confidence of the majority of the members of the House of Assembly.
+
-
 
+
-
(2) The other members of the Executive Council shall be appointed by the President acting in accordance with the advice of the Prime Minister and subject to the approval of the House of Assembly.
+
-
 
+
-
 
+
-
 
+
-
member of the House of Assembly who appears to be the leader of the political party or coalition of political parties that will command the support of a majority of the members of the House of Assembly:
+
-
 
+
-
Provided that if occasion arises for making an appointment to the office of Prime Minister while Parliament stands dissolved, a person who was a member of the House of Assembly immediately before the dissolution may be appointed to the office of Prime Minister.
+
-
 
+
-
(3) There shall be, in addition to the office of Prime Minister, such other offices of Minister of the Government of _____ (not being less than seven in number and one of which shall be the office of Deputy Prime Minister) as may be established by Parliament or, subject to any provision made by Parliament, by the President, acting in accordance with the advice of the Prime Minister.
+
-
 
+
-
(4) The President shall, acting in accordance with the advice of the Prime Minister, appoint the other Ministers from among the members of the House of Assembly:
+
-
 
+
-
Provided that if occasion arises for making an appointment to the office of Minister other than Prime Minister while Parliament stands dissolved a person who immediately before the dissolution was a member of the House of Assembly may be appointed to the office of Minister.
+
-
 
+
-
 
+
-
 
+
-
 
+
-
 
+
-
 
+
-
==vote of no confidence==
+
-
(1) The President may at any time ―
+
-
 
+
-
(''a'') prorogue Parliament;
+
-
 
+
-
(''b'') dissolve the House of Assembly.
+
-
 
+
-
(2) Subject to the provisions of subsection (3), Parliament, unless sooner dissolved, shall continue for five years from the date when the two Houses of Parliament first meet after any dissolution and shall then stand dissolved.
+
-
 
+
-
(3) At any time when Lesotho is at war Parliament may from time to time extend the period of five years specified in subsection (2) for not more than twelve months at a time:
+
-
 
+
-
Provided that the life of Parliament shall not be extended under this subsection for more than five years.
+
-
 
+
-
(4) In the exercise of his powers to dissolve the House of Assembly or prorogue Parliament, the King shall act in accordance with the advice of the Prime Minister:
+
-
 
+
-
Provided that -
+
-
 
+
-
(''a'') if the Prime Minister recommends a dissolution and the President considers that the Government of _____ can be carried on without a dissolution and that a dissolution would not be in the interests of _____, he may, acting in accordance with his own discretion, refuse to dissolve the House of Assembly;
+
-
 
+
-
(''b'') if the House of Assembly passes a resolution of no confidence in the Prime Minister and the Prime Minister does not within three days thereafter either resign or advise a dissolution the President may, acting in accordance with his own discretion, dissolve the House of Assembly; and
+
-
 
+
-
(''c'') if the office of Prime Minister is vacant and the President considers that there is no prospect of his being able within a reasonable time to find a person who is the leader of a political party or a coalition of political parties that will command the support of a majority of the members of the House of Assembly, he may, acting in accordance with his own discretion, dissolve the House of Assembly.
+
-
 
+
-
(5) A resolution of no confidence in the Prime Minister shall not be effective for the purposes of subsection (4)(b) unless it proposes the name of a member of the House of Assembly for the President to appoint in the place of the Prime Minister.
+
-
 
+
-
 
+
-
 
+
-
 
+
-
 
+
-
 
+
-
==Prime Minister==
+
-
'''1.''' (1) There shall be a Prime Minister of the United Republic who shall be appointed by the President in accordance with the provisions of this section and who, before assuming his office, shall take and subscribe before the President such oath of office of Prime Minister as may be prescribed by the Legislature.
+
-
 
+
-
(2) As soon as possible, and in any case within fourteen days after assuming office, the President shall appoint a member of the House of Assembly elected from a constituency from a political party having a majority of members in the House of Assembly or, if no political party has a majority, who appears to have the support of the majority of the members of the House of Assembly, to be Prime Minister of the United
+
-
Republic, and he shall not assume office until his appointment is first confirmed by a resolution of the House of Assembly supported by a majority vote of Members of the House of Assembly.
+
-
 
+
-
(3) Subject to the other provisions of this Constitution, the Prime Minister shall hold the office of Prime Minister until -
+
-
 
+
-
(''a'') the day the President-elect takes the oath of office;
+
-
 
+
-
(''b'') the day he dies while in office;
+
-
 
+
-
(''c'') the day he resigns;
+
-
 
+
-
(''d'') the day the President appoints another member of the House of Assembly to hold the office of the Prime Minister;
+
-
 
+
-
(''e'') he ceases to hold the office of Prime Minister in accordance with the other provisions of this Constitution.
+
-
 
+
-
'''2.''' (1) The Prime Minister shall have authority over the control, supervision and execution of the day-to-day functions and affairs of the Government of the United Republic.
+
-
 
+
-
(2) The Prime Minister shall be the Leader of Government business in the National Assembly.
+
-
 
+
-
(3) In the exercise of his authority, the Prime Minister shall perform or cause to be performed any matter or matters which the President directs to be done.
+
-
 
+
-
'''3.''' (1) Subject to the provisions of this Constitution, the Prime Minister shall be accountable to the President for the exercise of his authority.
+
-
 
+
-
(2) The Executive of the United Republic, under the authority of the President, shall be the organ having the power to determine the policy of the Government in general, and Ministers under the leadership of the Prime Minister, shall be collectively responsible in the House of Assembly for the execution of the affairs of the Government of the United Republic.
+
-
 
+
-
'''4.''' (1) There shall be a Cabinet the members of which shall be the Vice-President, the Prime Minister, and all the Ministers.
+
-
 
+
-
(2) The President shall attend the meetings of the Cabinet and shall preside over those meetings. In the event the President is absent, the meetings shall be presided over by the Vice-President, and if both President and the Vice- President are absent, the Prime Minister shall preside over the meetings.
+
-
 
+
-
(3) Subject to the provisions contained in Article 37(1) of this Constitution, the Cabinet shall be the principal organ for advising the President regarding all matters concerning the exercise of his powers in accordance with the provisions of this Constitution, and it shall assist and advise the President over any matter which shall be submitted to the Cabinet pursuant to specific or general directions issued by the President.
+
-
 
+
-
(4) The Attorney General shall attend all the meetings of the Cabinet and shall have all the rights of a member of those meetings save that he shall not have the right to vote at such meetings.
+
-
 
+
-
(5) The question whether any advice, and if so, what advice was given by the Cabinet to the President, shall not be inquired into any court.
+
-
 
+
-
'''5.''' (1) All Ministers who are members of Cabinet by virtue of Article 54 shall be appointed by the President after consultation with the Prime Minister and they shall be responsible for such offices as the President may, from time to time, by writing under his hand and the Public Seal, establish.
+
-
 
+
-
(2) In addition to the Ministers referred to in subsection (1) the President may, after consultation with the Prime Minister, appoint Deputy Ministers. All Deputy Ministers shall not be members of Cabinet.
+
-
 
+
-
(3) The President may appoint any number of Deputy Ministers who shall assist Ministers in the discharge of their duties and functions.
+
-
 
+
-
(4) All Ministers and Deputy Ministers shall be appointed from among Members of Parliament.
+
-
 
+
-
(5) Notwithstanding the provisions of subsection (4), in the event that the President is obliged to appoint a Minister or a Deputy Minister after dissolution of Parliament then he may appoint any person who was a Member of Parliament before Parliament was dissolved.
+
-
 
+
-
'''6.''' A Minister or a Deputy Minister shall not assume office until he has first taken and subscribed before the President, the oath of allegiance and such other oath relating to the execution of the functions of his office as may be prescribed by an Act of Parliament.
+
-
 
+
-
'''7.''' (1) The tenure of office of a Minister, or a Deputy Minister shall commence on the date he is appointed to hold that office.
+
-
 
+
-
(2) The Office of a Minister or a Deputy Minister shall become vacant upon the occurrence of any of the following:
+
-
 
+
-
(''a'') if the incumbent resigns or dies;
+
-
 
+
-
(''b'') where the incumbent ceases to be a Member of Parliament for any reason not connected with the dissolution of Parliament;
+
-
 
+
-
(''c'') where the President revokes the appointment thereby removing the incumbent from office;
+
-
 
+
-
(''d'') where he is elected Speaker;
+
-
 
+
-
(''e'') where the Prime Minister resigns or his office becomes vacant for any other reasons;
+
-
 
+
-
(''f'') immediately before the President elect assumes office;
+
-
 
+
-
(''g'') where the Ethics Tribunal makes a decision confirming that he has contravened the law concerning ethics of public leaders.
+
-
 
+
-
'''8.''' Ministers and Deputy Ministers shall hold office during the pleasure of the President, and shall be paid a salary, allowances and other remuneration in accordance with a law enacted by Parliament.
+
-
 
+
-
==dissolve==
+
-
'''1.''' (1) After General Elections, the President shall summon a New Parliament to meet before the expiration of seven days following the declaration of the results of the General Elections in all constituencies save in those constituencies where the elections are countermanded and commenced afresh.
+
-
 
+
-
(2) The President shall not have power to dissolve National Assembly at any time save only -
+
-
 
+
-
(''a'') if the life of Parliament has expired in terms of Article 65 of the Constitution or at any time within the last twelve months of the life of Parliament, save only if the Speaker receives a formal notice under Article 46A of this Constitution proposing the formation of a
+
-
Special Committee of Inquiry with a view to impeaching the President;
+
-
 
+
-
(''b'') (b) if the National Assembly refuses to approve a budget proposed by the Government;
+
-
 
+
-
(''c'') if Parliament fails to pass a Bill in terms of the provisions of Article 97(4);
+
-
 
+
-
(''d'') if the National Assembly declines to pass a motion which is of fundamental importance to Government policies and the President
+
-
considers that the way out is not to appoint another Prime Minister but to call for a general election; or
+
-
 
+
-
(''e'') if, having regard to the proportional representation of political parties in the National Assembly the President considers that it is
+
-
not longer legitimate for the Government in power to continue in office, and it is not feasible to form a new Government.
+
-
 
+
-
(3) Upon the expiration of the life of Parliament, Parliament shall stand dissolved: Save that if the life of Parliament expires at any time when the United Republic is at war, the National Assembly may, from time to time, extend the period mentioned in Article 65 of this Constitution for a period not exceeding twelve months each time; provided that the life of Parliament shall not be extended under the provisions of this subsection for a period of more than five years.
+
-
 
+
-
(4) If an emergency arises or exists which, in the opinion of the President, necessitates the summoning of Parliament at a time when Parliament stands dissolved, and the majority of results in the general election following the dissolution have not been declared, the President may by Proclamation, summon Parliament and direct that the Speaker and all the persons who were the Members of Parliament immediately before the dissolution of National Assembly attend such meeting of National Assembly and such persons together with the Speaker shall be deemed to be the Members of the National Assembly for the purposes of that meeting and shall be so deemed until midnight of the day the majority of the results of the General Elections are declared.
+
-
 
+
-
'''97.''' (1) Subject to the provisions contained in this Constitution, the Parliament shall exercise its legislative power through the process of debating and passing Bills which eventually shall have to be assented to by the President, and a Bill shall not become law unless it is so passed by the National Assembly and assented to by the President in accordance with the provisions of this Article.
+
-
 
+
-
(2) After a Bill is presented to the President for his assent, the President may either assent to the Bill or withhold his assent, and in the event the President withholds his assent to a Bill, he shall return it to the National Assembly together with a statement of his reasons for withholding his assent to the Bill.
+
-
 
+
-
(3) After a Bill is returned to the National Assembly pursuant to the provisions of this Article, it shall not be presented again to the President for his assent before the expiration of six months since it was so returned, except if at the last stage in the National Assembly before it is again presented to the President, it is supported by the votes of not less than two-thirds of all the Members of Parliament.
+
-
 
+
-
(4) If a Bill is returned to the National Assembly the President, and it is then supported in the National Assembly by not less than two-thirds of all Members of Parliament as provided in subsection (3) and it is presented a second time to the President for assent within six months of its being so returned, then the President shall be obliged to assent to the Bill within twenty-one days of its being presented to him, otherwise he shall have to dissolve Parliament.
+
-
 
+
-
(5) The provisions of this Article or Article 64 of this Constitution shall not prevent Parliament from enacting laws making provisions conferring on any person or department of Government the power to make regulations having the force of law or conferring the force of law on any regulations made by any person, or any department of Government.
+
-
 
+
-
 
+
-
 
+
-
 
+
-
 
+
-
 
+
-
==blegh==
+
-
(1) There shall be a Prime Minister who shall be appointed by the President acting in accordance with the advice of the Council of State.
+
-
 
+
-
(2) The President, acting in accordance with his own discretion, shall appoint as Prime Minister the member of the House of Assembly who appears to be the leader of the political party or coalition of political parties that will command the support of a majority of the members of the House of Assembly:
+
-
 
+
-
Provided that if occasion arises for making an appointment to the office of Prime Minister while Parliament stands dissolved, a person who was a member of the House of Assembly immediately before the dissolution may be appointed to the office of Prime Minister.
+
-
 
+
-
(3) There shall be, in addition to the office of Prime Minister, such other offices of Minister of the Government of _____ (not being less than seven in number and one of which shall be the office of Deputy Prime Minister) as may be established by Parliament or, subject to any provision made by Parliament, by the President, acting in accordance with the advice of the Prime Minister.
+
-
 
+
-
(4) The President shall, acting in accordance with the advice of the Prime Minister, appoint the other Ministers from among the members of the House of Assembly:
+
-
 
+
-
Provided that if occasion arises for making an appointment to the office of Minister other than Prime Minister while Parliament stands dissolved a person who immediately before the dissolution was a member of the House of Assembly may be appointed to the office of Minister.
+
-
 
+
-
(5) The President may remove the Prime Minister from office -
+
-
 
+
-
(''a'') if a resolution of no confidence in the Prime Minister is passed by the House of Assembly in accordance with the provisions of section _____  and the Prime Minister does not within three days thereafter, either resign from his office or advise a dissolution of the House of Assembly; or
+
-
 
+
-
(''b'') if at any time between the holding of a general election to the House of Assembly and the date on which the House of Assembly first meets thereafter, the President considers that, in consequence of changes in the membership of the House of Assembly resulting from that election, the Prime Minister will no longer be the leader of the political party or coalition of political parties that will command the support of a majority of the members of the House of Assembly.
+
-
 
+
-
 
+
-
 
+
-
 
+
-
 
+
-
 
+
-
 
+
-
 
+
-
Notwithstanding the provisions of Article 51 of this Constitution, the National Assembly may pass a vote of no confidence in the Prime Minister if a motion in that behalf is moved and passed in accordance with the provisions of this Article.
+
-
(2) Subject to the other provisions of this Article, any motion for a vote of no confidence in the Prime Minister shall not be moved in the National Assembly if -
+
(2) The total number of votes cast in favor of a registered political party which offers itself for this purpose shall be divided by the quota of votes per seat and the result shall, subject to subsection (3), constitute the number of seats to which that political party shall be entitled in the House of Assembly.
-
(''a'') either it has no relation with the discharge of the responsibilities of the Prime Minister in accordance with Article 52 of the Constitution or there are no allegations that the Prime Minister has contravened the law concerning the ethics of public leaders;
+
(3) Where the formula set out in subsection (2) yields a surplus fraction not absorbed by the number of seats allocated to the political party concerned, such surplus shall compete with other similar surpluses accruing to any other political party or parties participating in the election, and any undistributed seat or seats (in terms of the formula set out in subsection (2)) shall be awarded to the party or parties concerned in sequence of the highest surplus.
-
(''b'') six months have not lapsed since he was appointed;
+
(4) Subject to the requirements pertaining to the qualification of members of the House of Assembly, a political party which qualifies for seats in terms of subsections (2) and (3) shall be free to choose in its own discretion which persons to nominate as members of the House of Assembly to fill the said seats.
-
(''c'') nine months have not lapsed since a similar motion was moved in and rejected by the House of Assembly.
+
(5) Provision shall be made by Act of Parliament for all parties participating in an election of members of the House of Assembly to be represented at all material stages of the election process and to be afforded a reasonable opportunity for scrutinizing the counting of the votes cast in such election.
-
(3) A motion for a vote of no confidence in the Prime Minister shall not be passed by the House of Assembly save only if -
 
-
(''a'') a written notice, signed and supported by not less than twenty percentum of all the members of the House of Assembly is submitted to the Speaker, at least fourteen days prior to the day on which the motion is intended to be moved before the House of Assembly;
 
-
(''b'') the Speaker satisfies himself that the provisions of this Constitution governing the moving of the motion have been complied with.
 
-
(4) A motion which satisfies the provisions of the Article shall be moved before the House of Assembly as soon as possible in accordance with the Standing Orders of the House of Assembly.
 
-
(5) A motion for a vote of no confidence in the Prime Minister shall be passed only if it is supported by a majority of the members of the House of Assembly.
 
-
(6) In the event the motion for a vote of no confidence in the Prime Minister is supported by a majority of the members of the House of Assembly, the Speaker shall submit that resolution to the President, and as soon as possible and in any case within three days from the day the House of Assembly passes the vote of no confidence in the Prime Minister, the Prime Minister shall either resign from his office or advise a dissolution of the House of Assembly.
 
-
(7) A vote of no confidence in the Prime Minister shall not be effective for the purposes of this section unless it proposes the name of a member of the House of Assembly for the President to appoint in the place of the Prime Minister.
 
==poopy==
==poopy==

Please note that all contributions to Roach Busters may be edited, altered, or removed by other contributors. If you don't want your writing to be edited mercilessly, then don't submit it here.
You are also promising us that you wrote this yourself, or copied it from a public domain or similar free resource (see Project:Copyrights for details). DO NOT SUBMIT COPYRIGHTED WORK WITHOUT PERMISSION!


Cancel | Editing help (opens in new window)
Personal tools