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PART IV. The Federation

Chapter 1. The Federal Government

12. The Office of President.

(1) There shall be a Supreme Head of the Federation, to be called the President of Rhodesia, who shall be the Head of State, and shall take precedence over all persons in the Federation.

(2) There shall be a Deputy Supreme Head of the Federation, to be called the Vice-President of Rhodesia, who shall take precedence, immediately after the President, over all persons in the Federation.

13. Election of President.

(1) The President shall be elected by the members of an electoral college, consisting of the members of both Houses of Parliament and the members of the Legislative Assemblies of the States, in accordance with the provisions of Part I of the Third Schedule, and the Vice-President shall be likewise elected in accordance with those provisions.

(2) Parliament may by law provide for—

(a) the joint election of the President and Vice-President; or

(b) the direct popular election by the electors in the several States of the President and Vice-President.

(3) Where in accordance with the provisions of this Constitution provision is made for direct popular election of the President and Vice-President:

(a) provision for joint election of the President and Vice-President shall also be deemed to have been made; and

(b) the President shall be elected in accordance with the provisions of Part II of the Third Schedule:

Provided that the provisions of clause (1), shall, where it is so provided for in Part II of the Third Schedule, nevertheless apply.

14. Tenure of office of President.

(1) Subject to the provisions of this Article, the President shall hold office for a term of five years from the date on which he enters upon his office:

Provided that—

(a) a person who entered upon the office of President to fill a vacancy in that office shall hold office until the expiration of the remainder of the term of his predecessor; and

(b) a person who was elected to fill a vacancy in the office of President that was left unfilled at a general presidential election shall hold office until the date on which he would have ceased to hold office if he had been elected at that general presidential election.

15. Removal of President on grounds of incapacity.

16. Removal of President for violation of Constitution or gross misconduct.

17. Vacancy in the office of President.

(1) When a vacancy occurs in the office of President, it shall be filled, as soon as may be, by the election of a successor in accordance with the provisions of Part I of the Third Schedule.

(2) Where in accordance with the provisions of this Constitution provision is, or is deemd to have been, made for joint election of the President and Vice-President, when a vacancy occurs in the office of President:

(a) by reason of resignation or removal from office under Article 16, or when there is no sitting Vice-President, it shall be filled in accordance with the provisions of clause (1); or

(b) otherwise than by reason of resignation or removal from office under Article 16, and there is a sitting Vice-President, the Vice-President shall assume the office of President for the unexpired term of the President with effect from the death, resignation or removal from office of the President.

(3) When a vacancy occurs in the office of Vice-President, it shall be filled, as soon as may be:

(a) where in accordance with the provisions of this Constitution provision is, or is deemd to have been, made for joint election of the President and Vice-President, by the election of a successor in accordance with the provisions of Part III of the Third Schedule, and such a successor shall, ntowithstanding any provision for direct popular election of the President and Vice-President, be elected by the members of an electoral college, consisting of the members of both Houses of Parliament and the members of the Legislative Assemblies of the States; and

(a) where no such provision is made, by the election of a successor in accordance with the provisions of Part I of that Schedule.

18. Discharge of functions of President during absence, illness, etc. 19. Oath of President. 20. Returning officer at elections of President. 21. Salary and allowances of President. 22. Protection of President in respect of legal proceedings. 23. The Prime Minister. 24. The Ministers. 25. Cabinet. 26. Secretary to the Cabinet.

Chapter 2. Executive functions

27. Functions of President. 28. Particular functions of the President. 29. Functions of the Prime Minister. 30. Functions of Cabinet and Ministers. 31. Summoning of Cabinet. 32. Summoning of persons to Cabinet. 33. Attorney-General. 34. Powers of Attorney-General. 35. Prerogative of mercy. 36. Advisory committee. 37. Constitution of offices.

Chapter 3. The Parliament of Rhodesia

38. Constitution of Parliament 39. Composition of the Senate 40. Composition of the House of Representatives 41. Qualifications of the Members of the Houses of Parliament 42. Disqualifications for Membership of both Houses of Parliament 43. Bar against double Membership 44. Resignation of Members of Parliament 45. Absence of a Member 46. Decision of the House as to disqualification 47. Prorogation and dissolution of Parliament 48. Casual vacancies 49. Address of the President 50. Right of Ministers and Attorney-General to address Parliament 51. President and Deputy President of the Senate 52. Speaker and Deputy Speaker of the House of Representatives 53. Ineligibility of Senate President, House Speaker or their Deputies to preside when their removal is under consideration 54. Remuneration of President, Deputy President, Speaker and Deputy Speaker 55. Oath by Members 56. Rules of Procedure, etc. 57. Privileges of Parliament and of its Members 58. Remuneration of Members

Chapter 4. Legislative Procedure

59. Provisions as to introduction and passage of Bills 60. Provisions as to Bills other than Money Bills and Bills to amend the Constitution 61. Provision as to Money Bills 62. Definition of Money Bill 63. Assent to Bills

PART V. The States

65. Federal guarantees to the States 66. Consequential amendments to State Constitution

PART VI. Relations between the Federation and the States

Chapter 1. Distribution of Legislative Powers

67. Extent of Federal and State laws 68. Subject-matter of Federal and State laws 69. Inconsistency between Federal laws and State laws 70. Power of Parliament to legislate for States for uniformity 71. Power of Parliament to legislate for States by consent page 23 72. Power of Parliament to make laws to implement international agreements 23 73. Residual Power of Legislation 23 74. State Bills affecting Federal functions 24

Chapter 2. Distribution of Execut1ve Powers

75. Executive authority of the Federation and the States 24 76. Delegation of executive authority to and by the States 24 77. Obligations of the States towards the Federation 25

Chapter 3. Land

78. Acquisition of land for federal purposes 25 79. Grants of land held for federal purposes 26 80. Reversion of land to the States 26 81. Lands Tribunal 27 82. Malay Reservations 28 83. Application to Malacca and Penang 28

Chapter 4. Nat1onal Development

84. National Development Plans 29

Chapter 5. Property, Contracts and Su1ts

85. Power of Federation to acquire and hold property 30 86. Power of Federation to alienate property and make contracts 30 87. Suits against the Federation 30 PART VII Financial Provisions 88. No taxation unless authorized by law 31 89. Consolidated Funds 31 90. Expenditure charged on the Consolidated Fund 31 91. Estimates of expenditure 32 92. Supply Bills 32 93. Supplementary and excess votes 32 94. Votes on account and votes of credit 33 95. Withdrawals from the Consolidated Fund 33 96. The Auditor-General 33 97. Powers and duties of the Auditor-General 34 iv ARTICLE 98. Reports of the Auditor-General />q?*34 99- Form of public accounts 34 100. Public Accounts Committee 34 101. Financial Orders 34 102. National Finance Council 34 103. Grants to the States 35 104. Assignment of taxes and fees to the States 35 105. Borrowing powers 36 PART VIII Elections 106. Appointment and conditions of service of members of Election Commission 36 107. Assistance to Election Commission 37 108. Functions of Election Commission 37 109. Delimitation of Federal constituencies 38 no. Delimitation of State constituencies 39 III. Direct elections to the Senate 39 112. Qualifications of electors 40 113- Election laws 40 PART IX The Judiciary 114. Constitution of the Supreme Court and appointment of judges 115- Qualifications of judges of the Supreme Court 116. Term of office of the judges of the Supreme Court and their removal 117. Remuneration of the judges of the Supreme Court 118. Supreme Court to be court of record 119. Original jurisdiction of the Supreme Court 120. Transfer of certain cases to the Supreme Court 121. Advisory jurisdiction of the Supreme Court 122. Appellate jurisdiction of the Supreme Court 123. Rule-making powers of the Supreme Court 124. Subordinate judiciary 125. Conduct of the Supreme Court judges not to be discussed in Parliament V PART X Public Services 126. Public services of the Federation and the States page 127. Joint services, etc. 128. Secondment of officers 129. Provisions common to all services 130. Judicial and Legal Service Commission 131. Public Services Commission 132. Police Service Commission 133. Conditions of service of members of Commissions 134. Functions of the Commissions 135. National Pension Fund 136. Reports of Commissions PART XI Special Powers against Subversion and Emergency Powers 137. Provision against subversion 138. Proclamation of Emergency 139. Preventive detention PART XII General and Miscellaneous 140. National language 141. The Federal Capital 144. Inquiries, surveys and statistics 145. Federal powers in respect of State subjects 146. Inspection of State activities 147. Local Rates on federal property 148. Delegation of State functions to another State 150. Amendment of the Constitution 151. Interpretation 152. Short title, commencement and repeals PART XIII Temporary and Transitional Provisions 153. Existing laws 154. Temporary continuance of the Legislative Council 155. Remuneration after Merdeka Day 156. Temporary financial provisions 158. Attorney-General and Director of Audit 159. Legal proceedings 160. Succession to property 161. Rights, liabilities and obligations 162. Transfer of officers

Third Schedule. Election of the President and Vice-President

Part I. Election of the President and Vice-President by Electoral College

1.

(1) Not more than 90 nor less than 60 days before the expiration of the term of the President, the President of the Senate shall give notice to the Speaker of the House of Representatives and to the Governor of each State that there will be a meeting of the Electoral College for the purpose of a general presidential election at a time and place, such time being not more than 21 days after the notice is given, specified in the notice.

(2) So often as there is a vacancy in the office of President, or of Vice-President, as the case may be, the President of the Senate shall give notice to the Speaker of the House of Representatives and to the Governor of each State that there will be a meeting of the Electoral College for the purpose of a presidential by-election at a time and place, such time being not more than 21 days after the notice is given, specified in the notice.

2. At the meeting of the Electoral College held in accordance with the provisions of section 1:

(1) The College shall be presided over by the President of the Senate;

(2) The names of candidates for election shall be proposed and seconded by members of the College, but a nomination shall not be valid unless—

(a) the member proposing or seconding submits a statement in writing, signed by the person nominated, that he is willing to serve if elected; and

(b) where in accordance with the provisions of this Constitution provision is made for joint election of the President and Vice-President, the nomination includes a nomination of a candidate for Vice-President, and the member proposing or seconding submits a statement in writing, signed by the person nominated for Vice-President, that he is willing to serve as Vice-President if elected;

(3) When all the nominations have been received, the President of the Senate shall announce the names of the candidates so nominated in alphabetical order and shall then proceed to put the names to the vote in that order;

(4) Each member present and voting shall be entitled to vote in favour of or against as many candidates as he wishes, and the names of the members voting for each candidate shall be recorded;

(5) The President of the Senate shall compile a list of the candidates in the order of the numbers resulting from subtracting the number of votes cast against them from the number of votes cast in their favour, the candidate or candidates who received the highest such number being placed first and those who received any lower such number being placed in descending order;

(6) The President of the Senate shall declare to be elected the candidate who is ranked first in the list and receives votes cast in his favour equal to or greater in number than half the number of members of the Electoral College, but if there are two or more such candidates, the election of the candidates shall be determined by lot among those candidates.

3. Where no provision is made for joint election of the President and Vice-President, as often as a President is elected by the Electoral College in accordance with the provisions of this Part, the Conference shall proceed to elect a Vice-President, and where such a provision is, or is deemed to have been, made, the President of the Senate shall declare to be elected the candidate for Vice-President who is nominated alongside the candiate for President who is declared elected.

Part II. Election of the President and Vice-President by direct popular election

4. A nomination for a presidential election shall not be valid unless—

(a) it is supported by not less than 50,000 electors; and

(b) it contains a statement in writing, signed by the persons nominated, that they are willing to serve as President and as Vice-President if elected.

5. A general presidential election shall be held not more than 90 nor less than 60 days before the expiration of the term of the President, and a presidential by-election shall be held not more than 45 days after the vacancy in the office of President occurs.

6. Subject to sections 7, 9 and 10, a person shall not be elected to the office of President unless he has received more than fifty percent of the votes in the election.

7. Where immediately prior to the day appointed for holding a presidential election, there is only one candidate for election, the votes shall be given either in his favour or against him, and the candidate shall be declared elected if more than fifty percent of the votes in the election are in his favour.

8.

(1) Where in a presidential election three or more candidates take part in the first ballot and no candidate receives more than fifty percent of the votes cast, then, if the result of that ballot is that-

(a) two or more candidates receive, equally, the highest number of votes;

(b) one candidate receives the highest number of votes and another candidate receives the second highest number of votes; or

(c) one candidate receives the highest number of votes and two or more candidates receive, equally, the second highest number of votes,

a second ballot shall be held in which only the candidates referred to in paragraph (a), (b), or (c), as the case may be, shall take part, and the other candidates, if any, shall be eliminated.

(2) Any second ballot referred to in paragraph (1) shall be held fourteen days after the first ballot.

9. Subject to section 10, in the second ballot, a person shall not be elected to the office of President unless he receives the highest number of votes in the election, notwithstanding that such a number is less than fifty percent of the votes.

10. Where in a presidential election-

(a) the result of the first ballot is that all the candidates receive the same number of votes;

(b) the result of any addition done under section 9 is that all the candidates in the second ballot receive the same number obtained after such an addition; or

(c) the result of any addition done under section 9 is that two or more candidates in the second ballot receive, equally, the highest number obtained after such an addition,

the Chairman of the Electoral Commission shall give notice to the President of the Senate, the Speaker of the House of Representatives and to the Governor of each State that there will be a meeting of the Electoral College for the purpose of a electing one of the candidates referred to in paragraph (a), (b), or (c) to the office of President, at a time and place, such time being not more than 21 days after the notice is given, specified in the notice, and the provisions of section 2 (other tan subsection (2) thereof) shall apply to such a meeting.

11. Where-

(a) in a presidential election to which section 7 applies, the result of the ballot is that less than fifty percent of the votes cast are in the candidate's favour; or

(b) immediately prior to the day appointed for holding a presidential election, there are no candidates for election,

the Chairman of the Electoral Commission shall give notice to the President of the Senate, the Speaker of the House of Representatives and to the Governor of each State that there will be a meeting of the Electoral College for the purpose of a presidential election, at a time and place, such time being not more than 21 days after the notice is given, specified in the notice, and the provisions of section 2 shall apply to such a meeting.

Fourth Schedule.—Membership of the Senate

Part II.—Retirement of Senators

Fifth Schedule.—Provisions to be inserted in State Constitutions Part I.—Permanent Provisions Part II.—Temporary Provisions alternative to Provisions in Part I 77 Sixth Schedule.—Legislative Lists List I.—Federal List 80 List II.—State List 84 List III.—Concurrent List 85