Constitution

Zambia 1991 Constitution (reviewed 2016)

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Table of Contents

PART VII. EXECUTIVE

Executive Authority

Article 90. Principles of executive authority

The Executive authority derives from the people of Zambia and shall be exercised in a manner compatible with the principles of social justice and for the people’s well-being and benefit.

Article 91. Presidency and vesting of executive authority

  1. There shall be a President of the Republic who shall be the Head of State and Government and Commander-in-Chief of the Defence Force.
  2. The executive authority of the State vests in the President and, subject to this Constitution, shall be exercised directly by the President or through public officers or other persons appointed by the President.
  3. The President shall, in exercise of the executive authority of the State—
    1. respect, uphold and safeguard this Constitution;
    2. safeguard the sovereignty of the Republic;
    3. promote democracy and enhance the unity of the Nation;
    4. respect the diversity of the different communities of Zambia;
    5. promote and protect the rights and freedoms of a person; and
    6. uphold the rule of law.

Article 92. Executive functions of President

  1. The President shall perform, with dignity, leadership and integrity, the acts that are necessary and expedient for, or reasonably incidental to, the exercise of the executive authority.
  2. Without limiting the other provisions of this Constitution, the President shall—
    1. appoint ambassadors, high commissioners, plenipotentiaries, diplomatic representatives and consuls;
    2. receive and accredit foreign ambassadors, high commissioners, plenipotentiaries, diplomatic representatives, consuls and heads of international organisations;
    3. negotiate and sign international agreements and treaties and, subject to the approval of the National Assembly, ratify or accede to international agreements and treaties;
    4. establish, merge and dissolve Government ministries, subject to the approval of the National Assembly;
    5. appoint persons as are required by this Constitution or any other law to be appointed by the President;
    6. appoint persons as are required to perform special duties for the Executive;
    7. confer honours;
    8. sign and promulgate proclamations as specified in this Constitution or as prescribed;
    9. initiate Bills for submission to, and consideration by, the National Assembly; and
    10. perform other functions specified by this Constitution or as prescribed.

Article 93. Confirmation of presidential decisions and instructions

  1. A decision or instruction of the President shall be in writing under the President’s signature.
  2. The signature of the President on an instrument shall be under Public Seal.

Article 94. Approval of appointments and measures by National Assembly

  1. Where the performance of an executive function is expressed by this Constitution to be subject to approval by the National Assembly, the National Assembly shall, in the sitting next after receipt of the request for approval, give the approval within twenty-one days of the commencement of the sitting.
  2. Where an approval is not given within the period specified in clause (1) or the National Assembly unreasonably refuses to give an approval as requested, the President shall refer the matter to the Constitutional Court for hearing and the decision of the Constitutional Court is final.
  3. Where the Constitutional Court decides that the refusal or delay by the National Assembly was justified, the President shall comply with the order of the Court.
  4. Where the Constitutional Court decides that the refusal or delay by the National Assembly was unreasonable, the National Assembly shall proceed to approve the matter.

Article 95. Ratification of appointments and measures by National Assembly

  1. Where in this Constitution an appointment to an office or the taking of a measure by the President is subject to ratification by the National Assembly, the National Assembly shall, in the sitting next after receipt of the request for ratification, give its ratification within twenty-one days of the commencement of the sitting.
  2. Where ratification is not given within the period specified in clause (1), the President shall propose another measure or appoint another person to that office and submit that measure or appointment for ratification by the National Assembly.
  3. Where the National Assembly refuses or delays the ratification for the second time, the President shall propose another measure or appoint another person to that office and shall submit that measure or appointment for ratification by the National Assembly.
  4. Where the National Assembly refuses or delays the ratification of the measure or appointment for the third time, that measure or appointment shall take effect.

Article 96. Advisory Committee on prerogative of mercy

  1. There shall be an Advisory Committee on the prerogative of mercy which shall consist of persons appointed by the President.
  2. The Advisory Committee shall advise the President on an action or a decision to be taken in relation to a person convicted of an offence by a court or court-martial.
  3. A member of the Advisory Committee shall hold office at the pleasure of the President.
  4. The President may preside at a meeting of the Advisory Committee.
  5. The Advisory Committee shall determine its own procedure for meetings.

Article 97. Prerogative of mercy

  1. The President may, on the advice of the Advisory Committee—
    1. conditionally or unconditionally, pardon a person convicted of an offence;
    2. substitute a less severe form of punishment imposed on a person by a court; or
    3. remit the whole or part of a fine, penalty or forfeiture.
  2. A person who is sentenced to death may request the President, either directly or through a representative, for a pardon or commutation of the sentence.

Article 98. Protection of President from legal proceedings

  1. A person shall not institute or continue civil proceedings against the President or a person performing executive functions, as provided in Article 109, in respect of anything done or omitted to be done by the President or that person in their private capacity during the tenure of office as President.
  2. The President shall not, in the President’s private capacity during the tenure of office as President, institute or continue civil proceedings against a person.
  3. For purposes of clauses (1) and (2), where a law limits the time within which proceedings may be brought against a person, the term of office shall not be taken into account in calculating the period of time.
  4. Subject to clause (9), the President or a person performing executive functions, as provided in Article 109, is immune from criminal proceedings which immunity continues after that person ceases to hold or perform the functions of that office.
  5. Where there is prima facie evidence that a person who held the office of President or who performed executive functions committed an offence whilst in office or during the period that person performed executive functions, the President shall submit a report, outlining the grounds relating to the offence allegedly committed, to the National Assembly, requesting the National Assembly to remove the immunity from criminal proceedings of that person.
  6. Where the National Assembly receives a report, submitted in accordance with clause (5), the National Assembly shall constitute a select committee to scrutinise the grounds submitted and determine whether or not there is a prima facie case, based on the grounds submitted, that warrants the removal of the immunity from criminal proceedings, and recommend its decision to the National Assembly.
  7. The person who held the office of President or who performed executive functions has the right to appear, be represented and be heard before the select committee constituted under clause (6).
  8. Where the select committee, constituted under clause (6), recommends the removal of immunity from criminal proceedings from the person who held the office of President or who performed executive functions, the National Assembly may remove the immunity in respect of the alleged offence, by a resolution supported by a vote of not less than two-thirds of the Members of Parliament.
  9. Where immunity is removed, in accordance with clause (8), the person who held the office of President or who performed executive functions, shall be charged with the offence for which the immunity from criminal proceedings was removed.
  10. Where a court acquits the person who held the office of President or who performed executive functions, of an offence for which that person’s immunity from criminal proceedings was removed, the immunity of that person shall, for all purposes, be deemed not to have been removed, without further proceedings.
  11. The process for the removal of immunity, provided for under this Article, shall not apply to an impeachable offence under Article 108.

Election of President

Article 99. Returning officer for presidential elections

The Chairperson of the Electoral Commission shall be the Returning Officer in an election to the office of President.

Article 100. Qualifications and disqualifications for nomination as presidential candidate

  1. A person qualifies to be nominated as a candidate for election as President if that person—
    1. is a citizen by birth or descent;
    2. has been ordinarily resident in Zambia;
    3. is at least thirty-five years old;
    4. is a registered voter;
    5. has obtained, as a minimum academic qualification, a grade twelve certificate or its equivalent;
    6. is fluent in the official language;
    7. has paid that person’s taxes or has made arrangements, satisfactory to the appropriate tax authority, for the payment of the taxes;
    8. declares that person’s assets and liabilities, as prescribed;
    9. pays the prescribed election fee on, or before, the date fixed for the delivery of nomination papers; and
    10. is supported by at least one hundred registered voters from each Province.
  2. A person is disqualified from being nominated as a candidate for election as President if that person—
    1. is a public officer;
    2. has dual citizenship;
    3. is holding or acting in a Constitutional office or other public office;
    4. is a judge or judicial officer;
    5. was removed from public office on grounds of gross misconduct in the immediate preceding five years;
    6. has a mental or physical disability that would make the person incapable of performing the executive functions;
    7. is an undischarged bankrupt;
    8. is serving a sentence of imprisonment; or
    9. has, in the immediate preceding five years, served a term of imprisonment of at least three years.

Article 101. Election of President

  1. A President shall be elected by registered voters in accordance with Article 47 (1) and this Article.
  2. The Returning Officer shall declare the presidential candidate who receives more than fifty percent of the valid votes cast during the election as President-elect.
  3. If at the initial ballot a presidential candidate does not receive more than fifty percent of the valid votes cast, a second ballot shall be held within thirty-seven days of the initial ballot, where the only candidates shall be the presidential candidates who obtained—
    1. the highest and second highest number of valid votes cast in the initial ballot; or
    2. an equal number of the valid votes cast in the initial ballot, being the highest votes amongst the presidential candidates that stood for election to the office of President.
  4. A person may within seven days of the declaration made under clause (2), petition the Constitutional Court to nullify the election of a presidential candidate who took part in the initial ballot on the ground that—
    1. the person was not validly elected; or
    2. a provision of this Constitution or other law relating to presidential elections was not complied with.
  5. The Constitutional Court shall hear an election petition filed in accordance with clause (4) within fourteen days of the filing of the petition.
  6. The Constitutional Court may, after hearing an election petition—
    1. declare the election of the presidential candidate valid;
    2. nullify the election of the presidential candidate; or
    3. disqualify the presidential candidate from being a candidate in the second ballot.
  7. A decision of the Constitutional Court made in accordance with clause (6) is final.
  8. The presidential candidate who obtains the majority of the valid votes cast in the second ballot shall be declared President-elect.

Article 102. Disqualification for run-off

  1. If a presidential candidate—
    1. resigns for a reason other than health;
    2. becomes disqualified as specified in Article 100; or
    3. is disqualified by a decision of the Constitutional Court in accordance with Article 101;

    the presidential candidate shall not take part in the second ballot and the candidate who scored the third highest number of valid votes cast in the initial ballot shall be a presidential candidate in the second ballot, together with the remaining presidential candidate that had initially qualified for the second ballot.

  2. If a presidential candidate—
    1. dies; or
    2. resigns due to ill-health;

    before the taking of a second ballot, the running mate to that presidential candidate in the initial ballot shall assume the place of that presidential candidate.

  3. The presidential candidate who assumed the place of the previous presidential candidate in accordance with clause (2) shall appoint a running mate.
  4. Where both presidential candidates—
    1. resign;
    2. become disqualified under Article 100;
    3. become disqualified by a decision of the Constitutional Court under Article 101; or
    4. die;

    before the taking of the second ballot, fresh nominations shall be filed with the Electoral Commission, as prescribed.

Article 103. Election petition

  1. A person may, within seven days of the declaration of a President-elect, petition the Constitutional Court to nullify the election of the President-elect on the ground that—
    1. the person was not validly elected; or
    2. a provision of this Constitution or other law relating to presidential elections was not complied with.
  2. The Constitutional Court shall hear an election petition relating to the President-elect within fourteen days of the filing of the petition.
  3. The Constitutional Court may, after hearing an election petition—
    1. declare the election of the President-elect valid; or
    2. nullify the election of the President-elect and Vice- President-elect.
  4. A decision of the Constitutional Court under clause (3) is final.
  5. Where the election of the President-elect and Vice-President-elect is nullified by the Constitutional Court, a presidential election shall be held within thirty days from the date of the nullification.

Article 104. Transition period before assuming office

  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 President-elect assumes office, except the power to—
    1. make an appointment; or
    2. dissolve the National Assembly.
  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—
    1. make an appointment; or
    2. 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 President-elect assumes office.

Assumption of Office Tenure of Office and Vacancy

Article 105. Assumption of office

  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—
    1. the seventh day after the date of the declaration of the presidential election results, if no petition has been filed in accordance with Article 103; or
    2. the seventh day after the date on which the Constitutional Court declares the election to be valid.
  3. Subject to clause (4), where the President-elect dies, resigns or is for a reason unable to assume office, the Vice-President-elect shall be sworn into, and assume the office of President, in accordance with clause (1).
  4. Subject to clause (5), where the inability of the President-elect to assume office is as a result of an event or circumstance beyond the control of the President-elect, the Vice-President-elect shall not be sworn into office.
  5. A political party whose presidential candidate was declared President-elect or another person shall, within three days from the date on which the President-elect should have been sworn into office, petition the Constitutional Court to determine whether or not the inability of the President-elect to assume office is permanent.
  6. Where the Constitutional Court decides that the inability of the President-elect to assume office is permanent, the Vice-President-elect shall be sworn into office as President and assume office in accordance with clause (1).
  7. The Vice-President-elect who assumes office as President, in accordance with clause (3) or (6), shall appoint a person as Vice-President, subject to approval by the National Assembly, signified by a vote of not less than two-thirds of the Members of Parliament.
  8. Where the Vice-President elect who is supposed to assume the office of President as specified in clause (3) or (6) dies, resigns or is for another reason unable to assume the office of President—
    1. the Speaker shall perform the executive functions; and
    2. a presidential election shall be held within sixty days of the occurrence of the vacancy.
  9. The Speaker shall, perform the executive functions assumed in accordance with clause (8) except the power to make an appointment or dissolve the National Assembly.
  10. The Speaker shall, when the President-elect assumes office, complete the procedural and administrative handing over process within thirty days.

Article 106. Tenure of office of President and vacancy

  1. The term of office for a President is five years which shall run concurrently with the term of Parliament, except that the term of office of President shall expire when the President-elect assumes office in accordance with Article 105.
  2. A President shall hold office from the date the President-elect is sworn into office and ending on the date the next President-elect is sworn into office.
  3. A person who has twice held office as President is not eligible for election as President.
  4. The office of President becomes vacant if the President—
    1. dies;
    2. resigns by notice in writing to the Speaker of the National Assembly; or
    3. otherwise ceases to hold office under Article 81,107 or 108.
  5. When a vacancy occurs in the office of President, except under Article 81—
    1. the Vice-President shall immediately assume the office of President; or
    2. if the Vice-President is unable for a reason to assume the office of President, the Speaker shall perform the executive functions, except the power to—
      1. make an appointment; or
      2. dissolve the National Assembly;

      and a presidential election shall be held within sixty days after the occurrence of the vacancy.

  6. If the Vice-President assumes the office of President, in accordance with clause (5)(a), or a person is elected to the office of President as a result of an election held in accordance with clause 5(b), the Vice-President or the President-elect shall serve for the unexpired term of office and be deemed, for the purposes of clause (3)—
    1. to have served a full term as President if, at the date on which the President assumed office, at least three years remain before the date of the next general election; or
    2. not to have served a term of office as President if, at the date on which the President assumed office, less than three years remain before the date of the next general election.

Article 107. Removal of President on grounds of incapacity

  1. A Member of Parliament, supported by at least one-third of the Members of Parliament, may move a motion for the investigation of the physical or mental capacity of the President to perform executive functions.
  2. The motion moved in accordance with clause (1) shall specify the particulars of the allegation.
  3. Where the motion is supported in the National Assembly by a resolution of two-thirds of the Members of Parliament—
    1. the Speaker shall, within forty-eight hours of the adoption of the resolution, inform the Chief Justice of the resolution; and
    2. the Chief Justice shall immediately inform the President of the resolution, whereupon the President shall cease to perform the executive functions and the Vice-President shall perform the executive functions, except the power to—
      1. make an appointment; or
      2. dissolve the National Assembly.
  4. The Chief Justice shall, within seven days of being informed of the resolution of the National Assembly, constitute a medical board, in consultation with the body responsible for regulating health practitioners, to inquire into the physical or mental capacity of the President.
  5. A medical board shall consist of not less than three persons selected from among persons who are registered as health practitioners.
  6. A medical board, constituted under clause (5), shall examine the President and report to the Chief Justice, within fourteen days of the constitution of the medical board, whether or not the President is capable of performing the executive functions.
  7. Where the medical board reports that the President is capable of performing the executive functions, the Chief Justice shall, within forty-eight hours of the receipt of the medical report, cause a copy of the report to be presented to the National Assembly which shall resolve that the President should resume performing the executive functions.
  8. Where the medical board reports that the President is not capable of performing the executive functions, the Chief Justice shall, within forty-eight hours of the receipt of the medical report, cause a copy of the report to be presented to the National Assembly which shall resolve that the President should cease to hold office and the Vice-President shall assume the office of President in accordance with Article 106 (5).
  9. This Article applies to the Vice-President.

Article 108. Impeachment of President

  1. A Member of Parliament, supported by at least one-third of the Members of Parliament, may move a motion for the impeachment of the President alleging that the President has committed—
    1. a violation of a provision of this Constitution or other law;
    2. a crime under international law; or
    3. gross misconduct.
  2. The motion, moved in accordance with clause (1), shall specify the particulars of the allegation.
  3. Where a motion, moved in accordance with clause (1), is supported, in the National Assembly, by a resolution of two-thirds of the Members of Parliament—
    1. the Speaker shall, within forty-eight hours of the adoption of the resolution, inform the Chief Justice of the resolution; and
    2. the Chief Justice shall immediately inform the President of the resolution, whereupon the President shall cease to perform the executive functions and the Vice-President shall perform the executive functions, except the power to—
      1. make an appointment; or
      2. dissolve the National Assembly.
  4. The Chief Justice shall, within seven days of being informed of the resolution of the National Assembly, appoint a tribunal, in consultation with the Judicial Service Commission, which shall consist of a chairperson and not less than two other members from among persons who hold, have held or qualify to hold, the office of judge.
  5. The tribunal appointed under clause (4) shall, within thirty days of its appointment—
    1. investigate the matter relating to the impeachment of the President; and
    2. report to the Chief Justice as to whether or not the particulars of the allegations specified in the motion have been substantiated.
  6. The President has the right to appear and be represented before the tribunal during its investigation.
  7. The Chief Justice shall, on receipt of the report referred to in clause (5) (b), immediately submit the report to the National Assembly.
  8. Where the tribunal reports that the particulars of an allegation against the President—
    1. is not substantiated, the National Assembly shall, on a motion supported by the votes of not less than two-thirds of the Members of Parliament, taken by secret ballot, resolve that—
      1. the President did not commit the violations specified in the motion; and
      2. further proceedings shall not be taken with respect to the allegation; or
    2. is substantiated, the National Assembly shall, on a motion supported by the votes of not less than two-thirds of the Members of Parliament, taken by secret ballot, resolve that the President has committed the violations specified in the motion and that the President should cease to hold office forthwith.
  9. The President shall, on the passing of a resolution in accordance with—
    1. clause (7) (a), resume to perform the executive functions; or
    2. clause (7) (b), cease to hold office and be amenable to prosecution without the need to lift the immunity under Article 98.
  10. Where a motion is moved in accordance with clause (1), the President shall not dissolve Parliament.
  11. This Article applies to the Vice-President.

Article 109. Performance of executive functions during absence of President

  1. If the President leaves Zambia or is absent from office, the Vice-President shall perform the executive functions specified, in writing, by the President until the President returns to office or revokes the authority.
  2. Where the Vice-President is incapable of performing the executive functions, as specified under clause (1), the President shall appoint a member of the Cabinet to perform the executive functions until the—
    1. Vice-President is able to perform those functions;
    2. President returns to office; or
    3. President revokes the authority.
  3. Where the President is unable to appoint a member of Cabinet to perform the executive functions, in accordance with clause (2), Cabinet may elect one of its members to perform the executive functions until the—
    1. Vice-President is able to perform those functions;
    2. President returns to office; or
    3. President revokes the authority.

Vice-President

Article 110. Vice-President, election to office and swearing in

  1. There shall be a Vice-President for the Republic who shall be the running mate to a presidential candidate in a presidential election.
  2. The qualifications and disqualifications applying to a presidential candidate apply to the person selected by the presidential candidate to be the running mate.
  3. An election to the office of Vice-President shall be conducted at the same time as that of an election to the office of President so that a vote cast for a presidential candidate is a vote cast for the running mate, and if the presidential candidate is elected, the running mate shall be considered to have been elected.
  4. A Vice-President-elect shall be sworn into office by the Chief Justice or, in the absence of the Chief Justice, the Deputy Chief Justice.
  5. The Vice-President shall assume office on the same day that the President assumes office.

Article 111. Tenure of office fo Vice-President and vacancy

  1. The term of office for a Vice-President is five years.
  2. A Vice-President shall hold office from the date the Vice-President-elect is sworn into office and ending on the date the next President-elect is sworn into office.
  3. A person who has twice held the office of Vice-President shall not be selected as a running mate.
  4. The office of Vice-President becomes vacant if the Vice-President—
    1. dies;
    2. resigns by notice in writing to the President;
    3. otherwise ceases to hold office under Article 81,107 or 108; or
    4. assumes the office of President.
  5. Where a vacancy occurs in the office of Vice-President, except as provided under Article 81, the President shall appoint another person to be Vice-President and the National Assembly shall, by a resolution supported by the votes of not less than two-thirds of the Members of Parliament, approve the appointment of that person as Vice-President.
  6. The person who assumes office as Vice-President, in accordance with clause (5), shall serve for the unexpired term of office and be deemed for the purposes of clause (3)—
    1. to have served a full term as Vice-President if, at the date on which the Vice-President assumed office, more than three years remain before the date of the next general election; or
    2. not to have served a term of office as Vice-President if, at the date on which the Vice-President assumed office, less than three years remain before the date of the next general elections.

Article 112. Functions of Vice-President

  1. The Vice-President shall be answerable to the President in the performance of the functions of Vice-President.
  2. The Vice-President shall—
    1. perform the functions that are assigned to the Vice-President by the President;
    2. perform the executive functions during the periods specified in this Constitution; and
    3. assume the office of President as specified in Article 106 (5).

Cabinet Ministers

Article 113. Cabinet

There shall be a Cabinet consisting of the—

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  1. President;
  2. Vice-President;
  3. Ministers; and
  4. Attorney-General, as ex-officio member.

Article 114. Functions of Cabinet

  1. The functions of Cabinet are as follows:
    1. approve and cause to be implemented Government policy;
    2. approve Government Bills for introduction to the National Assembly;
    3. approve and cause the national budget to be presented to the National Assembly;
    4. recommend the accession and ratification of international agreements and treaties to the National Assembly;
    5. recommend, for approval of the National Assembly—
      1. loans to be contracted by the State; and
      2. guarantees on loans contracted by State institutions or other institutions; and
    6. advise the President on matters relating to the performance of executive functions.
  2. Cabinet shall take collective responsibility for Cabinet decisions.

Article 115. Proceedings of Cabinet meetings

  1. Subject to this Article, Cabinet shall regulate its own procedure.
  2. Cabinet shall meet at least once in every month to perform its functions as specified in Article 114.
  3. The Secretary to the Cabinet shall, in consultation with the President, call for meetings of Cabinet.
  4. There shall preside at meetings of Cabinet—
    1. the President;
    2. in the absence of the President, the Vice-President; or
    3. in the absence of the Vice-President, a member of Cabinet appointed by the President.
  5. Where the President is unable to appoint a member of Cabinet to preside at a meeting of Cabinet, the members of Cabinet present at the meeting may elect one of the members to preside.
  6. The President may, in consultation with the Secretary to the Cabinet, invite a person whose presence is desirable to attend and participate in the deliberations of a meeting of Cabinet but that person shall have no vote.

Article 116. Ministers

  1. The President shall appoint a prescribed number of Members of Parliament as Ministers.
  2. A Minister shall be responsible, under the direction of the President, for the policy and strategic direction of a Ministry, department or other State institution, as assigned by the President.
  3. The office of Minister becomes vacant if—
    1. the Minister is removed from office by the President;
    2. the Minister resigns, by notice in writing to the President;
    3. in the case of a nominated Member of Parliament, the nomination is revoked;
    4. the Minister dies;
    5. another person assumes the office of President; or
    6. the Minister has a mental or physical disability that makes the Minister incapable of performing the functions of that office.

Article 117. Provincial Minister

  1. The President shall appoint a Provincial Minister for each Province from among Members of Parliament.
  2. The office of Provincial Minister becomes vacant if—
    1. the Provincial Minister is removed from office by the President;
    2. the Provincial Minister resigns, by notice in writing to the President;
    3. the Provincial Minister dies;
    4. another person assumes the office of President;
    5. the Provincial Minister has a mental or physical disability that makes the Provincial Minister incapable of performing the functions of that office; or
    6. in the case of a nominated Member of Parliament, the nomination is revoked.
  3. A Provincial Minister shall—
    1. be the head of Government in the Province;
    2. ensure that national policies are implemented in all districts in the Province; and
    3. ensure that the concurrent functions of the Province and the exclusive functions of the local authorities are performed in accordance with this Constitution and other laws.

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