The Law Association of Zambia (LAZ) would like to express its deepest condolences to the First Lady, the First family and to all the people of Zambia on this tragic loss. Our prayers and thoughts are with all leaders in the Country as they deliberate on the next steps in the management of our beloved Country.
The comfort to the Nation is that this unfortunate eventuality is specifically catered for in article 38 of the Constitution, which provides that where the Office of the President becomes vacant by reason of his death, an election to the Office of the President shall be held within ninety days from the date of the Office. Under article 38(2) during the intervening ninety day period, the Constitution provides that the Vice President shall perform the functions of the Office of the President until a person elected as President in accordance with article 34 of the Constitution assumes Office.
The Constitution further provides that the Vice President upon assuming the Office of the President under article 38 cannot dissolve the National Assembly and he cannot, except on the advice of the Cabinet, revoke any appointment that was made by the (deceased) President.
The Constitution provides a clear roadmap for transition, and fortunately, we have a precedent in this Country. Therefore LAZ and we believe all citizens of Country will remain confident that the Government will allow the transition to be undertaken within the confines of the law
May the soul of His Excellency President Michael Sata rest in eternal peace.
PRESIDENT – 29/10/14