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CHAPTER I. The Republic[edit]

1. Declaration of Republic
Caledonia is a sovereign, free, independent, federal, indivisible, multi-ethnic, multi-racial, multi-religious, multi-cultural and multi-party democratic republic, united in its territory, people, and institutions, and founded on work, on respect for the fundamental rights and freedoms of the individual, and on respect for social justice and equality of rights and duties among all citizens without discrimination.
2. Political System
(1) The people are the source of authority and sovereignty, and shall exercise the same in accordance with the provisions of this Constitution.
(2) The political system is established on the principle of separation, balance, and cooperation amongst the various branches of Government.

CHAPTER IV. Suffrage[edit]

67. Central Electoral Commission
(1) There shall be a Central Electoral Commission which shall consist of a Chairman and such number of other members as may be appointed under subsection (3), and shall exercise such functions in relation to elections as may be conferred upon it by this Constitution or by an Act of the Federal Parliament.
(2) The compilation of registers of voters and the conduct of public elections in every constituency shall be subject to the direction and supervision of the Com mission
(3) The Chairman of the Central Electoral Commission shall be elected by the Supreme Court from among persons who are associate justices of the Supreme Court.
(4) The other members of the Central Electoral Commission, being one for each party which is represented by three or more members of the House of Representatives, shall be appointed by the Chairman of the Commission, after consultation with the members of the House representing that party.
(5) A person shall not be qualified to be appointed as a member of the Central Electoral Commission under clause (4) if he is the President, a Minister, an Assistant Minister, a member of either House of the Federal Parliament or a public officer.
(6) Subject to the provisions of this section, a member of the Central Electoral Commission shall vacate his office-
(a) at the expiration of three years from the date of his election or appointment;
(b) if, being the Chairman of the Central Electoral Commission, he ceases to be an associate justice of the Supreme Court;
(c) if, being a member of the Commission appointed under clause (4), in consequence of changes in the membership of the House of Representatives resulting from a general election or from a by-election, the party for which he is appointed ceases to be represented by three or more members of the House; or
(d) if, being a member of the Commission appointed under clause (4), any circumstances arise that, if he were not a member of the Commission, would cause him to be disqualified for appointment as such.
(7) A member of the Central Electoral Commission appointed under clause (4) may be removed from office by the Chairman of the Commission, after consultation with the members of the House of Representatives representing the party for which that member is appointed, on the grounds of inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehavior.
66. The franchise
Every citizen of Caledonia who has attained the age of eighteen years shall, unless he is disqualified by the Federal Parliament from voting in public elections on the grounds of his having been convicted of an offence in connection with elections or on the grounds of his having been declared mentally infirm by a court, be entitled so to vote in the constituency in which his primary residence is situated in accordance with the provisions made by or under an Act of the Federal Parliament in that behalf; and no other person may so vote.
62. Disqualifications for elected office
(1) No person shall be qualified to be elected to a publicly-elected office—
(a) who is under a declaration of allegiance to some country other than Caledonia;
(b) who is, under any law in force in Caledonia, adjudged or otherwise declared to be of unsound mind; or
(c) who is under sentence of death imposed on him by any court in Caledonia or a sentence of imprisonment (by whatever name called) imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court.
(2) The Federal Parliament may provide that a person who holds or is acting in any office that is specified by the Federal Parliament and the functions of which involve responsibility for, or in connection with, the conduct of any public election or the compilation of any register of voters for the purposes of such an election shall not be qualified to be elected as a member of the Assembly.
(4) The Federal Parliament may provide that a person who is convicted by any court of any offence that is prescribed by the Federal Parliament and that is connected with public elections or who is reported guilty of such an offence by the court trying an election petition shall not be qualified to be nominated for election to a publicly-elected office for such period (not exceeding five years) following his conviction or, as the case may be, following the report of the court as may be so prescribed.
(5) The Federal Parliament may provide that, subject to such exceptions and limitations (if any) as may be prescribed, a person shall be disqualified to hod a publicly-elected office by virtue of—
(a) his holding or acting in any office or appointment that may be prescribed ;
(b) his belonging to any of the armed forces of Caledonia that may be prescribed; or
(c) his belonging to any police force.
(6) In this section the reference to a sentence of imprisonment shall be construed as not including a sentence of imprisonment the execution of which is suspended or a sentence of imprisonment imposed in default of payment of a fine.

CHAPTER IV. The Executive[edit]

Part 1. The President[edit]

31. The office of President
(1) There shall be a President of the Republic of Caledonia who shall be the Head of State, the supreme executive authority of the Republic and the Commander-in-Chief of the Armed Forces.
(2) The President shall be the guardian of the Constitution and a symbol of national unity and sovereignty.
(3) The President shall have power to ensure, by his arbitration, the proper functioning of the public authorities and the continued existence of the Republic.
(4) The President shall the guarantor of national independence and territorial integrity, and shall ensure respect for treaties and international agreements.
32. Qualifications for election as President
Subject to the provisions of section 62 of this Constitution, a person shall be qualified to be elected as President if, and shall not be qualified to be so elected unless, he—
(a) is a citizen of Caledonia;
(b) has attained the age of thirty years; and
(c) is qualified as a voter for the purposes of section 66 of this Constitution.
33. Election of President
(1) An ordinary Presidential election shall be held on the Tuesday following the first Monday in November in the fifth calendar year following that in which the previous ordinary Presidential election was held.
(2) If the office of President becomes vacant by reason of the death or resignation of the President or by reason of the President ceasing to hold office by virtue of section 35 or 36 of this Constitution, an extraordinary Presidential election shall be held on the last Tuesday within sixty days from the date of the vacancy:
Provided that, if the office of President falls vacant and the resulting extraordinary Presidential election would be held within the period of six months ending with the day on which the poll at the next ordinary Presidential election would be held, that extraordinary Presidential election shall not be held.
(3) A Presidential election (whether ordinary or extraordinary) shall be held in such manner as is prescribed by this section and, subject thereto, by or under an Act of the Federal Parliament.
(4) Nominations in the election of a President shall be delivered to the returning officer on such day and at such time as may be prescribed by or under an Act of the Federal Parliament; the nomination of a candidate in an election of a President shall not be valid unless it is supported, in such manner as may be prescribed by or under an Act of the Federal Parliament, by not less than thirty thousand persons registered as voters.
(5) Where, at the expiration of the time for the delivery of nominations, only one qualified candidate is validly nominated in an election of a President, a poll shall be taken in every constituency, at which the votes shall be given, by secret ballot, either in favor of or against that candidate, and the returning officer shall declare that candidate to be elected as President if a majority of valid votes cast in the Presidential election are in his favor, and where, at the expiration of that time, more than one qualified candidate is validly nominated the following provisions shall apply:
(a) A poll shall be taken in every constituency, at which the votes shall be given, by secret ballot, in favor of any of the Presidential candidates standing for election;
(b) the returning officer shall declare to be elected as President the candidate who receives more than half of the valid votes cast in the Presidential election;
(c) where no Presidential candidate is entitled to be declared elected under paragraph (b) of this subsection, a second ballot shall be commenced and held on the second Thursday following the first ballot;
(d) in any second ballot held under paragraph (c) of this subsection, only the candidates who in the first ballot have received the highest and second-highest numbers of votes shall stand for election, and the returning officer shall declare to be elected as President the candidate who receives the greatest number of valid votes cast in the Second Ballot.
(e) where there is an equality of votes entitling more than one candidate to be declared elected under paragraph (d) of this subsection, one of those candidates shall be selected as President by the drawing of lots.
(6) The Chairman of the Central Electoral Commission shall be the returning officer for the purposes of elections to the office of President.
(7) A person elected to the office of President under this section shall assume that office—
(a) if he is so elected in an ordinary Presidential election, on the first Tuesday in June next following that election; or
(b) if he is so elected in an extraordinary Presidential election, on the day upon which he is declared elected.
34. Tenure of office of President
A person assuming the office of President in accordance with the provisions of this Constitution shall, unless he ceases to hold office by virtue of the provisions of section 35 or 36 of this Constitution or resigns, continue in office until the person elected at the next ordinary Presidential election assumes office.
35. Removal of President on grounds of incapacity
(1) If the Cabinet resolves, upon a motion supported by the votes of a majority of all the members of the Cabinet, that the question of the mental or physical capacity of the President to discharge the functions of his office ought to be investigated and so informs the Chief Justice, the Chief Justice shall appoint a board consisting of not less than three persons selected by him from among persons who are qualified as medical practitioners under the law of Caledonia or under the law of any other country in the Commonwealth, and the board shall inquire into the matter and shall make a report to the Chief Justice stating the opinion of the board whether or not the President is, by reason of any infirmity of body or mind, incapable of discharging the functions of his office.
(2) If the board reports that the President is incapable of discharging the functions of the office of President, the Chief Justice shall certify in writing accordingly and thereupon the President shall cease to hold office.
(3) Where the Cabinet resolves that the question of the mental or physical capacity of the President to discharge the functions of his office should be investigated, the President shall, until another person assumes the office of President or the board appointed in pursuance of subsection (1) of this section reports that the President is not incapable of discharging the functions of his office (whichever is the earlier), be suspended from the discharge of the functions of his office.
(4) A motion for the purposes of subsection (1) of this section may be proposed at any meeting of the Cabinet by any member thereof.
37. Discharge of functions of President during vacancy, absence, illness, etc.
(1) Whenever—
(a) the office of President stands vacant;
(b) the President is absent from Caledonia;
(c) the President is incapable by reason of physical or mental infirmity of discharging the functions of his office; or
(d) the President is suspended from the discharge of the functions of his office,
the Acting President shall perform the functions of the office of President:
Provided that the Acting President shall not exercise the powers of the President to revoke the appointment of the Prime Minister or to dissolve the House of Representatives.
(2) The person who is to be the Acting President, for the purposes of subsection (1) of this section, shall be the first of the following that is present and able to act—
(a) the Prime Minister;
(b) the President of the Senate;
(c) the Speaker of the House of Representatives;
(d) Such other person as the Federal Parliament may designate, or as the Cabinet may appoint, for the purpose.
(3) Any person performing the functions of the office of President by virtue of subsection (1) of this section shall cease to perform those functions if he is notified that the President is about to resume, or that a person ranked higher in subsection (2) of this section is about to assume, those functions.
(4) For the purposes of this section, a certificate of the Chief Justice that—
(a) the President by reason of physical or mental infirmity unable to discharge the functions of his office; or
(b) any of the persons named in subsection (2) is by reason of physical or mental infirmity unable to discharge the functions of his office;
shall, in respect of any period for which it is in force, be conclusive and shall not be questioned in any court:
Provided that any such certificate as is referred to in this subsection shall cease to have effect if the person with respect of which such a certificate is issued notifies any person under subsection (3) of this section that he is about to resume or, as the case may be, to assume, the functions of the office of President.
38. Oath of President
A person assuming the office of President shall, before entering upon the office, take and subscribe such oaths as may be prescribed by the Federal Parliament.
39. Determination of questions as to election of President
(1) The Supreme Court shall have jurisdiction to hear and determine any question whether—
(a) any provision of this Constitution or any law relating to the election of a President has been complied with;
(b) any person has been validly elected as President under those provisions; or
(c) any person has vacated the office of President.
(2) The Federal Parliament may make provision with respect to—
(a) the persons who may apply to the Supreme Court for the determination of any question under this section;
(b) the circumstances and manner in which and the conditions upon which any such application may be made; and
(c) the powers, practice and procedure of the Supreme Court in relation to any such application.
(3) The determination by the Supreme Court of any question under this section shall not be subject to appeal.
40. Salary and allowances of President
(1) The President shall receive such salary and allowances as may be prescribed by resolution of the Federal Parliament which shall be a charge on the general revenues of the Republic.
(2) The salary and allowances of the President shall not be altered to his disadvantage during his period of office.
(3) A person who has held the office of President shall receive such pension or, upon the expiration of his term of office, such gratuity as may be prescribed by resolution of the Federal Parliament, which shall be a charge on the general revenues of the Republic.
41. Protection of President in respect of legal proceedings
(1) Whilst any person holds or performs the function of the office of President no criminal proceedings shall be instituted or continued against him in respect of anything done or omitted to be done by him either in his official capacity or in his private capacity and no civil proceedings shall be instituted or continued in respect of which relief is claimed against him in respect of anything done or omitted to be done in his private capacity.
(2) Where provision is made by law limiting the time within which proceedings of any description may be brought against any person, the term of any person in the office of President shall not be taken into account in calculating any period of time prescribed by that law which determines whether any such proceedings as are mentioned in subsection (1) of this section may be brought against that person.

Part 2. The Cabinet[edit]

42. Prime Minister and Deputy Prime Minister
(1) There shall be a Prime Minister of the Republic of Caledonia who shall be appointed from among persons who are qualified to be elected as members of the Federal Parliament by the President, acting after consultation with such members of the House of Representatives as appear to the President, acting in his discretion, to be the leaders of parties represented in the House.
(2) The office of Prime Minister shall become vacant—
(a) if the holder of the office ceases to be qualified to be elected as a member of the Federal Parliament;
(b) if the appointment of the holder of the office is revoked by the President; or
(c) if, at or after the expiration of four months from the date of his appointment, he is or becomes a member of either House of the Federal Parliament.
(3) The Prime Minister shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and such oath for the due execution of his office as may be prescribed by the Federal Parliament.
(4) There shall be a Deputy Prime Minister of the Republic of Caledonia, who shall be appointed from among the Ministers by the President, acting after consultation with the Prime Minister.
(5) If the Prime Minister is absent from Caledonia or is incapable by reason of illness or any other cause of discharging the functions of his office, the Deputy Prime Minister shall discharge the functions of the office of Prime Minister.
(6) Where the office of Prime Minister becomes vacant under subsection (2)(a) of this section, the Prime Minister shall be deemed to continue in office until the appointment of the person succeeding him, but only for the purpose of exercising his retained functions.
43. Ministers and Junior Ministers
(1) There shall be such offices of Minister of the Government and such offices of Junior Minister as may be established by the Federal Parliament or, subject to the provisions of any Act of the Federal Parliament, by the President.
(2) Appointments to the office of Minister or Junior Minister shall be made by the President, acting after consultation with the Prime Minister, from among persons who are qualified to be elected as members of the Federal Parliament.
(3) The office of a Minister or a Junior Minister shall become vacant—
(a) if the holder of the office ceases to be qualified to be elected as a member of the Federal Parliament;
(b) if the holder of the office is removed from office by the President, acting after consultation with the Prime Minister; or
(c) if, at or after the expiration of four months from the date of his appointment, he is or becomes a member of either House of the Federal Parliament; or
(d) if the Prime Minister resigns his office; or
(e) upon the assumption by any person of the office of Prime Minister.
(4) Where the office of a Minister or Junior Minister becomes vacant under subsection (3)(a), (3)(d) or (3)(e) of this section, the Minister or Junior Minister concerned shall be deemed to continue in office until the appointment of the persons succeeding him, but only for the purpose of exercising his retained functions.
44. Cabinet
(1) There shall be a Cabinet which shall consist of the Prime Minister and the Ministers.
(2) The Cabinet shall not meet except by the authority of the President who shall summon the Cabinet to meet whenever he considers it necessary so to do:
Provided that the President shall summon a meeting of the Cabinet whenever he is requested so to do by the Prime Minister or not less than three Ministers other than the Prime Minister.
(3) The President may summon any public officer to a meeting of the Cabinet whenever in his opinion the business before the Cabinet renders the presence of the officer desirable.
(4) The President shall, so far as is practicable, attend and preside at all meetings of the Cabinet, and, in the absence of the President, there shall preside:
(a) the Prime Minister; or
(b) in the absence of the Prime Minister, the Deputy Prime Minister; or
(c) in the absence of the Prime Minister and the Deputy Prime Minister, such Minister as the Cabinet may elect for that purpose; or
(d) in the absence of the Prime Minister, the Deputy Prime Minister, and the Minister elected under paragraph (c), the most senior Minister present:
Provided that, in the absence of a Minister elected under paragraph (c), no business shall be transacted in the Cabinet (other than the election of such Minister).
(5) Save as otherwise provided in this Constitution, any question proposed for decision in the Cabinet shall be determined by a majority of the votes of the members present and voting, and on any question proposed for decision in the Cabinet, the person presiding shall have both an original vote and a casting vote.
(6) The Cabinet may, subject to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings:
Provided that the quorum of the Cabinet shall be the majority of members thereof.
(7) Subject to the provisions of this Chapter, the Cabinet may regulate its own procedure.
45. Votes of confidence
(1) The Prime Minister may at any time, and shall within one month of his appointment or, as the case may be, of the first sitting of the House of Representatives after any General Election thereto, introduce in the House a resolution declaring the confidence of that House in the Government:
Provided that the Prime Minister shall not introduce such motion unless he has given notice in writing of such resolution to the Speaker of the House not less than seven days before its introduction.
(2) If the House of Representatives at any time rejects a resolution under clause (1), the Prime Minister and all Ministers and Junior Ministers shall cease to hold office on the fourth day following the day on which such resolution was passed, unless the Prime Minister earlier resigns his office or the National Assembly is earlier dissolved.
45. Votes of no-confidence
(1) If the House of Representatives at any time passes a resolution, supported by a majority of all the Members of the Assembly, declaring that it has no confidence in any Minister or Junior Minister, other than the Prime Minister, the relevant Minister or Junior Minister shall cease to hold office on the fourth day following the day on which such resolution was passed, unless he earlier resigns his office or the National Assembly is earlier dissolved.
(2) If the House of Representatives at any time passes a resolution, supported by a majority of all the Members of the Assembly, declaring that it has no confidence in the Government of Caledonia or in the Prime Minister, the Prime Minister and all Ministers and Junior Ministers shall cease to hold office on the fourth day following the day on which such resolution was passed, unless the Prime Minister earlier resigns his office or the National Assembly is earlier dissolved.
(3) No resolution under clause (1) or (2) unless notice thereof has been given in writing by not less than fifteen Representatives to the Speaker of the House of Representatives not less than seven days before its introduction.
57. Right of Ministers as regarding Federal Parliament
(1) A Minister shall be entitled to attend all meetings of either House of the Federal Parliament and to take part in all proceedings thereof (including, without prejudice to the generality of this clause, the meetings and proceedings of any committee of the Federal Parliament):
Provided that such Minister shall not be regarded as a member of, or be entitled to vote on any question before, that House or any committee of the Federal Parliament.
(2) Either House of the Federal Parliament may, by resolution, summon any Minister to a meeting thereof whenever any matter before the House renders the presence of the Minister desirable.
(3) The person presiding over any committee of the Federal Parliament may summon any Minister to a meeting thereof whenever in his opinion any matter before the House renders the presence of the Minister desirable.
46. Oaths to be taken by Ministers and Junior Ministers
A Minister or a Junior Minister shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and such oath for the due execution of his office as may be prescribed by the National Assembly.
47. Secretary-General to the Government
(1) There shall be a Secretary-General to the Government who shall be appointed by a resolution the Cabinet, upon a motion supported by the votes of a majority of all the members of the Cabinet.
(2) The office of the Secretary-General to the Government shall become vacant—
(a) if the holder of the office is removed from office by a resolution the Cabinet, upon a motion supported by the votes of a majority of all the members of the Cabinet; or
(b) upon the assumption by any person of the office of Prime Minister.
(3) The Secretary-General to the Government shall—
(a) be responsible to the Cabinet for securing the general efficiency of the public service;
(b) have charge of the Cabinet Office and shall be responsible, in accordance with such instructions as may be given to him by the Cabinet, for arranging the business for, and keeping the minutes of the Cabinet and for conveying decisions of the Cabinet to the appropriate person or authority; and
(c) have such other functions as may be prescribed by Act of the National Assembly or as the President or Cabinet may from time to time direct.

Part 3. Executive authority of the Republic[edit]

48. Exercise of executive authority of the Republic.
(1) The executive power of the Republic shall vest in the President and, subject to the provisions of this Constitution, shall be exercised by him either directly or through officers subordinate to him.
(2) In the exercise of any function conferred upon him by this Constitution or any other law the President shall, unless it is otherwise provided, act in his own deliberate judgment and shall not be obliged to follow the advice tendered by any other person or authority.
(3) Nothing in this section shall prevent the National Assembly from conferring functions on persons or authorities other than the President.
56. Extent of executive authority of the Republic.
(1) The executive authority of the Republic shall extend to the execution and maintenance of this Constitution, to all matters with respect to which the Federal Parliament has for the time being power to make laws, and to the conduct of the Republic's external relations.
(2) Subject to the provisions of this Constitution, the executive authority of each of the States shall be exercised in accordance with the constitution of that State.
57. Delegation of executive authority of Republic.
(1) The President may, with the consent of the Governor of a State, entrust either conditionally or unconditionally to that Governor or to any officer or authority of that State functions in relation to any matter to which the executive authority of the Republic extends falling to be performed within that State.
(2) An Act of the Federal Parliament may, notwithstanding that it relates to a matter with respect to which the Legislature of a State has not power to make laws, include provision conferring powers or imposing duties, or authorizing the conferring of powers or imposition of duties, upon the Governor of a State or any officer or authority of a State:
Provided that no such provision shall have effect in relation to any State unless the Governor of that State has declared by notice in the official Gazette of that State that he consents to its having effect.
58. Delegation of executive authority of a State.
(1) The Governor of a State may, with the consent of the President, entrust either conditionally or unconditionally to the President or to any officer or authority of the Republic functions in relation to any matter to which the executive authority of that State extends.
(2) A law of the Legislature of a State may, notwithstanding that it relates to a matter with respect to which the Federal Parliament has not power to make laws, include provision conferring powers or imposing duties, or authorizing the conferring of powers or imposition of duties, upon the President or any officer or authority of the Republic:
Provided that no such provision shall have effect unless the President has declared by notice in the Gazette that he consents to its having effect.

Part 4. Executive functions[edit]

49. Command of armed forces
(1) The supreme command of the armed forces of the Republic shall vest in the President and he shall hold the office of Commander in Chief.
(2) The powers conferred on the President by subsection (1) of this section shall include—
(a) the power to determine the operational use of the armed forces;
(b) the power to appoint members of the armed forces, to make appointments on promotion to any office in the armed forces and to dismiss any member of the armed forces.
(3) The President may, by directions in writing and subject to such conditions as he may think fit, delegate to any member of the armed forces any of the powers mentioned in subsection (2) of this section.
(4) The National Assembly may regulate the exercise of the powers conferred by or under this section.
50. Functions of Prime Minister
The Prime Minister shall be the principal Minister, the head of Government administration, and the leader of Government business in the National Assembly, and shall be responsible, under the direction of the President, for such business of the Government of Caledonia (including the administration of any department of government) as the President may assign to him.
51. Functions of Cabinet, Ministers and Junior Ministers
(1) The Cabinet shall formulate the policy of the Government and shall be responsible for advising the President with respect to the policy of the Government and with respect to such other matters as may be referred to it under section 51X.
(2) The agenda of any meeting of the Cabinet shall be prepared by the President and shall be communicated to all persons concerned prior to such meeting:

Provided that: (a) the Prime Minister, or any three Ministers other than the Prime Minister, may propose to the President any subject for inclusion in the agenda of any meeting of the Cabinet; and (b) the President shall include such subject in the agenda if it can conveniently be dealt with at such meeting, and otherwise included it in the agenda of the meeting next following.

(3) A Minister shall be responsible, under the direction of the President, for such business of the government of Caledonia (including the administration of any department of Government) as the President may assign to him.
(4) A Junior Minister shall—
(a) assist the President or the Prime Minister in the discharge of such of the functions of the office of President or Prime Minister as the President may specify ; or
(b) assist such Minister in the discharge of the functions assigned to him under subsection (3) of this section as the President may specify.
52. Attorney-General
(1) There shall be an Attorney-General of the Republic who shall be the principal legal adviser to the Government.
(2) The Attorney-General shall be appointed by a resolution the Cabinet, upon a motion supported by the votes of a majority of all the members of the Cabinet
(3) A person shall not be qualified to be appointed to the office of Attorney-General unless he is qualified to be appointed to the office of a judge of the High Court.
(4) The office of the Attorney-General shall become vacant—
(a) if the holder of the office is removed from office by a resolution the Cabinet, upon a motion supported by the votes of a majority of all the members of the Cabinet; or
(b) upon the assumption by any person of the office of Prime Minister.
(5) In the exercise of the power to give directions to the Director of Public Prosecutions conferred by section 53(6) of this Constitution the Attorney-General shall not be subject to the direction or control of any other person or authority.
53. Director of Public Prosecutions
(1) There shall be a Director of Public Prosecutions of the Republic, whose office shall be a public office.
(2) The Director of Public Prosecutions shall have power in any case in which he considers it desirable so to do—
(a) to institute and undertake criminal proceedings against any person before any court (other than a court-martial) in respect of any offence alleged to have been committed by that person;
(b) to take over and continue any such criminal proceedings that have been instituted or undertaken by any other person or authority; and
(c) to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority.
(3) The powers of the Director of Public Prosecutions under subsection (2) of this section may be exercised by him in person or by such public officers or class of public officers as may be specified by him acting in accordance with his general or special instructions:
Provided that nothing in this subsection shall preclude the representation of the Director of Public Prosecutions before any court by a legal practitioner.
(4) The powers conferred on the Director of Public Prosecutions by subsections (2) (b) and (c) of this section shall be vested in him to the exclusion of any other person or authority:
Provided that where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority and with the leave of the court.
(5) For the purposes of this section, any appeal from any judgment in any criminal proceedings before any court, or any case stated or question of law reserved for the purpose of any such proceedings, to any other court in Caledonia or to the Judicial Committee shall be deemed to be part of those proceedings:
Provided that the power conferred on the Director of Public Prosecutions by subsection (2) (c) of this section shall not be exercised in relation to any appeal by a person convicted in any criminal proceedings or to any case stated or question of law reserved at the instance of such a person.
(6) In the exercise of the powers conferred on him by this section, the Director of Public Prosecutions shall not be subject to the direction or control of any other person or authority:
Provided that where the exercise of any such power in any case may, in the judgment of the Director, involve general considerations of public policy the Director shall bring the case to the notice of the Attorney-General and shall, in the exercise of his powers in relation to that case, act in accordance with any directions of the Attorney-General.
54. Prerogative of mercy
The President may—
(a) grant to any person convicted of any offence a pardon, either free or subject to lawful conditions;
(b) grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offence;
(c) substitute a less severe form of punishment for any punishment imposed on any person for any offence; and
(d) remit the whole or part of any punishment imposed on any person for any offence or of any penalty or forfeiture otherwise due to the Government on account of any offence.
55. Advisory committee
56. Constitution of offices
Subject to the provisions of this Constitution and of any Act of Parliament, the powers of constituting and abolishing offices for the Republic shall vest in the President.

CHAPTER V. The Federal Parliament[edit]

Part 1. General[edit]

57. Legislative power of the Republic
The legislative power of the Republic shall vest in the Federal Parliament of Caledonia, which shall consist of a Senate and a House of Representatives.
69. Determination of questions as to membership of Federal Parliament
(1) The Supreme Court shall have jurisdiction to hear and determine any question whether—
(a) any person has been validly elected or appointed as a member of either House of the Federal Parliament or the seat of any such member has become vacant;
(b) any person has been validly elected as President of the Senate from among persons who are not Senators or, having been so elected, has vacated the office of Speaker; or
(c) any person has been validly elected as Speaker of the House of Representatives from among persons who are not Representatives or, having been so elected, has vacated the office of Speaker.
(2) The Federal Parliament may make provision with respect to—
(a) the persons who may apply to the Supreme Court for the determination of any question under this section;
(b) the circumstances and manner in which and the conditions upon which any such application may be made; and
(c) the powers, practice and procedure of the Supreme Court in relation to any such application.
(3) The determination by the Supreme Court of any question under this section shall not be subject to appeal.
70. Clerk and staff of Federal Parliament
(1) There shall be a Clerk of the Federal Parliament and such other offices in the staff of the Parliament as may be prescribed by joint resolution of both Houses of the Federal Parliament.
(2) Power to appoint persons to hold or act in the office of Clerk of the Federal Parliament shall vest in the President of the Senate and the Speaker of the House of Representatives, acting jointly:

Provided that no person shall be appointed to hold the office of Clerk of the Federal Parliament unless a proposal for the appointment of that person has been submitted to each House of the Federal Parliament and both Houses have resolved that he should be appointed.

(3) Subject to the provisions of subsection (4) of this section, the Clerk of the Federal Parliament shall vacate his office when he attains the age of seventy-five years.
(4) The Clerk of the Federal Parliament may be removed from office by joint resolution of both Houses of the Federal Parliament for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour but shall not be otherwise removed.
(5) Power to appoint persons to hold or act in any office in the staff of the Federal Parliament (other than the office of Clerk) and to exercise disciplinary control over persons holding or acting in such offices and to remove such persons from office shall vest in the President of the Senate and the Speaker of the House of Representatives, acting jointly.
(6)
(a) Before exercising the powers conferred by sub section (5) of this section to appoint any person to hold or to act in any office to which this subsection applies or to remove any person holding such an office from office, the President of the Senate and the Speaker of the House of Representatives shall consult the Public Service Commission, and if the President and Speaker act otherwise than in accordance with the recommendation of the Commission they shall, as soon as practicable thereafter, inform their respective Houses that they have so acted.
(b) This subsection applies to any office in the staff of the Federal Parliament, other than any office in respect of which the annual emoluments do not exceed such sum as may be prescribed by joint resolution of both Houses of the Federal Parliament.

Part 2. The Senate[edit]

85. Composition of Senate
The Senate shall consist of—
(a) six Senators elected for each State;
(b) three Senators elected for the National Capital Territory and for each of the other Territories;
(c) such nominated Senators (if any) as may be appointed under section 60 of this Constitution; and
(d) such persons (if any) as may have formerly held the office of President, other than persons removed from that office by Impeachment, and are not unable or unwilling to act as Senators.
87. Elected Senators
Subject to the provisions of this Constitution, the elected Senators referred to in paragraphs (a) and (b) of Article 85(1) shall be elected upon the principle of proportional representation by means of the single transferable vote in such manner as may be prescribed by or under an Act of Parliament.
87. Nominated Senators
(1) The President may appoint as nominated Senators such persons, not exceeding five in number, as he considers desirable in the public interest.
(2) The persons so appointed shall be persons who in the opinion of the President have rendered distinguished public service or have brought honor to Caledonia or have achieved distinction in the fields of agriculture, commerce, industry, arts and letters, culture, the sciences, business, the professions, social or community service or the labor movement or are representative of minority or other special interests.
(3) In appointing nominated Senators the President shall have regard to the need for them to reflect as wide a range of independent and non-partisan views as possible.
61. Qualifications for election to Senate

62. Effect on Senators of membership of Legislature or Executive Council of a State 88. President of Senate 89. Deputy President of Senate 83. General elections to Senate

65. Tenure of office of Senators
(1) for the duration of his life

68. Constituencies and elections

Part 3. The House of Representatives[edit]

58. Composition of House of Representatives
(1) The House of Representatives shall consist of—
(a) one hundred and five constituency members;
(b) one hundred and five ordinary at-large members;
(c) such surplus at-large members, if any, as may be returned under section 60 of this Constitution; and
(c) such leveling at-large members, if any, as may be returned under section 60A of this Constitution.
(2) If a person who is not a member of the House of Representatives is elected to the office of Speaker of the House that person shall, by virtue of holding that office, be a member of the House in addition to the members referred to in subsection (1) of this section.
59. Constituency members
(1) Each of the constituencies established under section 68 of this Constitution shall return one member to the House of Representatives in such manner as, subject to the provisions of this Constitution, may be prescribed by or under an Act of the Federal Parliament.
(2) If only one candidate has stood, in a given constituency, for election, then a poll shall be taken in that constituency at which the votes shall be given, by secret ballot, either in favor of or against his election, and that candidate shall be declared to have been elected if more than one-half of all the valid votes cast are in favor of his election.
(3) If more than one candidate has stood, in a given constituency, for election, then a poll shall be taken in that constituency at which the votes shall be given, by secret ballot, for any one of the candidates so standing, and the candidate who receives the highest number of valid votes cast shall be declared to have been elected.
60. Ordinary and Surplus At-Large members


60A. Leveling At-Large members 61. Qualifications for election to House of Representatives 62. Effect on Representatives of membership of Legislature or Executive Council of a State 63. Speaker of House of Representatives 64. Deputy Speaker of House of Representatives 83. General elections to House of Representatives 65. Tenure of office of Representatives

68. Census and constituencies
(1) The number of ordinary at-large members returned for each State and Territory shall be determined as follows–
(a) every State and Territory shall be apportioned one seat;
(b) there shall be calculated for each State and Territory an apportionment figure, by dividing the P of each State and Territory by the square root of that State or Territory's (S×S+1), where:-
P equals the number of inhabitants of that State or Territory as ascertained by reference to the latest census of the population of Caledonia held in pursuance of any law; and
S equals the number of seats already apportioned to the State or Territory;
(c) One additional seat shall be apportioned to the State or Territory with the greatest apportionment figure, after any recalculation required by paragraph (d) has been carried out; and
(d) Each time a seat is apportioned to a State or Territory under paragraph (c), the apportionment figure of that State and Territory shall be recalculated.
(2) For the purpose of elections to the House of Representatives, each State shall be divided into constituencies so that–
(a) the total number of the constituencies in each State shall always be such that each State returns an equal number of constituency and ordinary at-large members to the House of Representatives; and
(b) the boundaries of such constituencies shall be such as the Central Electoral Commission may prescribe.
(3) The boundaries of each constituency shall be such that the number of inhabitants thereof is as nearly equal to the population quota as is reasonably practicable:
Provided that the number of inhabitants of a constituency may be greater or less than the population quota in order to take account of means of communication, geographical features and the difference between urban and rural areas in respect of density of population.
(4) An apportionment under subsection (1) shall take place—
(a) whenever a census of the population has been held in pursuance of any law (such census being held at intervals of ten years); or
(b) whenever Parliament has made provision altering the number of ordinary at-large members in the House of Representatives,
and the Central Electoral Commission shall review the boundaries of the constituencies at those times and may, in accordance with the provisions of this section, alter the constituencies to such extent as it considers desirable:
Provided that the Commission may, if it considers that the changes in the distribution of population reported in the census do not justify an alteration in the boundaries in a given State, so report to the President without entering upon a review of the boundaries of the constituencies in that State.
(5) Any alteration of the constituencies shall come into effect alongside the apportionment of ordinary at-large members on which it is consequential; and any apportionment of ordinary at-large members shall come into effect upon the next general election of the House of Representatives.
(6) Any provision by Parliament altering the number of ordinary at-large members in the House of Representatives shall come into effect when the apportionment of ordinary at-large members and alteration of the constituencies that are consequential thereon comes into effect.
(7) In this section "the population quota" means the number obtained by dividing the number of inhabitants of Caledonia (as ascertained by reference to the latest census of the population of Caledonia held in pursuance of any law) by the number of constituencies into which Caledonia is to be divided under this section.

Part 2 Legislative Powers 43. General provisions regarding powers of Legislatures 44. Power to make and revoke additions to Concurrent Legislative List 45. Effect of Federal and State laws on one another 46. Legislatures may appropriate public funds for any purpose 47. Implementation of international obligations 48. Power of Federal Parliament to make laws on State matters and of a State Legislature to make laws on federal matters for emergencies Part 2 Legislation and Procedure in Federal Parliament 71. Exercise of legislative power of Federal Parliament 72. Alteration of Constitution 73. Statutory instruments 74. Restriction with regard to certain financial measures 75. Attendance of President and other persons at Federal Parliament 76. Oaths to be taken by members of Federal Parliament 77. Presiding in Senate 77. Presiding in House of Representatives 77. Presiding in Joint Sitting 78. Quorum in Federal Parliament 79. Voting in Federal Parliament 80. Unqualified persons sitting or voting 81. Procedure in Federal Parliament

Part 3 Sessions and sittings of Parliament 82. Summoning of Federal Parliament 84. Sittings of Federal Parliament

CHAPTER VI The House op Chiefs Section 85. Composition of House of Chiefs 86. Functions of House of Chiefs 87. Election of members to represent provinces I 88. President of House of Chiefs 89. Deputy President of House of Chiefs 90. Oaths of members of House of Chiefs 9 1 . Presiding in House of Chiefs 92. Quorum in House of Chiefs 93. Meetings of House of Chiefs 94. Attendance of President and other persons at House of Chiefs 95. Procedure in House of Chiefs 96. President may make regulations CHAPTER VII The Judicature Part 1 I The Court of Appeal and High Court 97 . Court of Appeal 98. High Court 99. Appointment of judges of Court of Appeal 99A. Appointment of judges of High Court 99B. Acting judge to act until appointment expires or is revoked 99C. Qualifications for appointment as judge 100. Tenure of office of judges of Court of Appeal and High Court 101. Oaths to be taken by judges Constitution of Zambia 7 Part 2 Appeals to the Judicial Committee Section 102. Judicial Committee may be appeal court for the Republic 103. Supplementary Part 3 Judicial Service Commission 1 04. Judicial Service Commission 105. Appointment, etc., of judicial officers CHAPTER VIII Finance 106. Imposition of taxation 107. Withdrawal of moneys from general revenues 108. Supplementary estimates in respect of expenditure authorised by warrant 109. Appropriation and Supplementary Appropriation Acts 109A. Power to ratify and confirm expenditure of a total of Kl,880,626 expended in financial years 1965-1966 and 1966-1967 109B. Power to ratify and confirm expenditure of a total of K.939,322 expended in financial year 1968 1 10. Financial report 111. Remuneration of certain officers 112. Public debt 1 1 2A. Defence and special expenditure 113. Auditor-General 113A. Construction CHAPTER IX The Public Service 1 14. Public Service Commission 115. Appointment, etc. , of public officers 1 ISA. Teaching Service Commission 115B. Appointment, etc., of officers in teaching service 8 Constitution of Zambia Section 116. Appointment, etc., of subordinate police officers 117. Appointment, etc., of subordinate prison service officers 118. Tenure of office of Director of Public Prosecutions 119. Tenure of office of Auditor-General 120. Pensions laws and protection of pensions rights 121. Power of Commissions in relation to pensions, etc. CHAPTER X Miscellaneous 122. Performance of functions of Commissions 123. Resignations 124. Reappointments and concurrent appointments 125. Interpretation The Schedule to the Constitution—Election of Members of House of Chiefs to represent provinces

SCHEDULE

THE THIRD SCHEDULE- Part I. The Exdusive Legislative List"' Part II. · The Coi1curr·etit Legislative List. THE FouRTH ScHEDULE-Schedu1·ed commodities