Constitution of Zambia (Amendment)
[No. 2 of 2016
43
(3) The Constitutional Court may, after hearing an election
petition—
(a) declare the election of the President-elect valid; or
(b) nullify the election of the President-elect and VicePresident-elect.
(4) A decision of the Constitutional Court under clause (3) is
final.
(5) Where the election of the President-elect and VicePresident-elect is nullified by the Constitutional Court, a presidential
election shall be held within thirty days from the date of the
nullification.
104. (1) The President-elect shall be sworn into office and
assume office in accordance with Article 105.
(2) Subject to clauses (3) and (4), where the Returning Officer
declares a presidential candidate as President-elect, the incumbent
shall continue to perform the executive functions until the Presidentelect assumes office, except the power to—
(a) make an appointment; or
(b) dissolve the National Assembly.
Transition
period
before
assuming
office
(3) Where an election petition is filed against the incumbent,
under Article 103 (1), or an election is nullified, under Article 103(3)
(b), the Speaker shall perform the executive functions, except the
power to—
(a) make an appointment; or
(b) dissolve the National Assembly.
(4) Subject to Article 105 and except where the incumbent is
the President-elect, the incumbent President shall, on the assumption
of office by the President-elect, begin and complete the procedural
and administrative handing over of the executive functions, to the
President-elect, within fourteen days from the day the Presidentelect assumes office.
Assumption of Office, Tenure of Office and Vacancy
105. (1) The President-elect shall assume office after being
sworn in by the Chief Justice or, in the absence of the Chief Justice,
the Deputy Chief Justice.
(2) The President-elect shall be sworn into office on the Tuesday
following—
Assumption
of office