Zambia Law-Making Process

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What happens if the 'AYES' are in the majority after the Speaker puts the question to the House about reading a Bill a second time?

The Speaker orders the Bill to be read a second time

What occurs if there is a dispute regarding whether the 'AYES' or 'NOES' are in the majority?

A Division is called

Who chairs the Committee Stage when a Bill is being considered by the Committee of the whole House?

The First Deputy Speaker or the Second Deputy Speaker

In what stage can only additional amendments to a Bill, not clauses, be considered if they were not moved at the previous stage?

Report Stage

What percentage of total membership of the House is needed for a Bill to amend the Constitution to pass on Second Reading?

Two-thirds

If a Bill has not been amended at Committee Stage, what is promptly proceeded with?

Third Reading Stage

What is the main function of Parliament in Zambia?

Legislating or making laws

Which article of the Constitution in Zambia grants Parliament the authority to legislate?

Article 61

What type of Bill is introduced by a Minister in Zambia?

Public Bill

When is a Bill read for the first time in the legislative process?

First Reading

Who is responsible for referring a Bill to a relevant Committee after the First Reading?

Speaker

What is the main difference between Government Bills and Private Member's Bills in Zambia?

The type of sponsor introducing the Bill

What is the purpose of subjecting the Bill to a detailed scrutiny by the Committee?

To ensure a thorough examination of the Bill

When should a Bill for altering the Constitution be published before the First Reading?

At least 30 days before

What is the significance of the Second Reading stage in the legislative process of a Bill?

It focuses on detailed debate on the principle behind the Bill

What is the purpose of the Member responsible for the Bill reading a prepared speech during the Second Reading?

To provide detailed explanations of what is involved in the Bill

During the debate at the Second Reading, how many times can a Member speak?

Only once

Who reserves the right to wind up the debate at the Second Reading?

The initiator of the Bill

What happens during the Third Reading stage of a Bill?

The Bill is reviewed in its final form and no debate takes place.

When must a Bill to amend the Constitution be passed at the Third Reading stage?

With at least two-thirds majority of all Members of the Assembly.

What is the expected timeframe for the President to assent to a Bill presented to him?

21 days

What happens if the President withholds assent to a Bill?

The Bill is returned to the National Assembly for reconsideration.

When does a Bill become an Act of Parliament?

When the President assents to it and it is published.

What happens if the National Assembly fails to pass a Bill after reconsideration?

'The Bill shall not be presented in that session.

Study Notes

The Legislative Process

  • The purpose of the legislative process is to subject a Bill to detailed scrutiny, and the Committee reports to the House.
  • Consultations with various stakeholders are conducted to inform the Committee's report.

Publishing a Bill

  • Most Bills do not have a set time for publication before introduction in the House.
  • A Bill to amend the Constitution must be published in the Government Gazette for at least 30 days before the First Reading.

Second Reading

  • This is the most important stage in the legislative process, where the principle behind the Bill is debated in detail.
  • The Member responsible for the Bill reads a prepared speech outlining the Bill's implications and advantages/disadvantages.
  • A general debate follows, informed by the Committee's report.
  • Members speak only once, unless clarifying a point or responding to a misquote.
  • The initiator of the Bill has the right to wind up the debate.
  • The Bill is read a second time if it receives majority support.

Committee Stage

  • The Bill is examined in detail, clause by clause.
  • Members can speak more than once and introduce amendments compatible with the Bill.
  • The Committee Stage is chaired by the First Deputy Speaker or Second Deputy Speaker.

Report Stage

  • This stage is similar to the Committee Stage, except that only additional amendments not moved at the Committee Stage are considered.
  • If a Bill has not been amended at Committee Stage, the Third Reading proceeds promptly.
  • Members can make further amendments, with prior notice.

Third Reading

  • The Bill is reviewed in its final form, with no debate.
  • The Bill is deemed passed if the question is agreed to, and it is presented to the President for assent.
  • A Bill to amend the Constitution requires at least two-thirds majority support at Third Reading.

Presidential Assent

  • The President has 21 days to assent to a Bill.
  • If the President assents, the Bill becomes law (an Act of Parliament) and is effective immediately upon publication in the Government Gazette.
  • The President can withhold assent, and the Bill is returned to the National Assembly for reconsideration.

Types of Bills

  • There are three types of Bills: Public Bills, Private Bills, and Hybrid Bills.
  • Public Bills can be Government Bills or Private Member's Bills, affecting the public as a whole.
  • Private Bills are promoted by persons or bodies outside the House and affect a limited section of the public.

The Law-Making Process in Zambia

  • The law-making process is enshrined in the Constitution, and Parliament derives its authority to legislate from Article 61.
  • The process involves the following stages: First Reading, Second Reading, Committee Stage, Report Stage, Third Reading, and Presidential Assent.

Explore the law-making process in Zambia, focusing on how Parliament legislates, amends, and repeals laws. Learn about the authority derived from the Constitution and the strict procedures followed in enacting new laws.

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