NATIONAL ASSEMBLY OF ZAMBIA

PARLIAMENTARY PROCEDURE

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ABSTRACT SERIES

LEGISLATIVE PROCESS: STAGES THROUGH WHICH

A BILL PASSES TO BECOME LAW

NATIONAL ASSEMBLY
RESEARCH DEPARTMENT
LUSAKA
PREFACE

This Abstract is part of the Zambian Parliamentary Procedure Abstract Series, and
describes the legislative process. It is based on the Constitution of Zambia and the National
Assembly of Zambia Standing Orders 2021. It is intended to provide basic information on
the legislative process and serve as a quick reference.

However, the information contained in this Abstract is not exhaustive.

Roy Ngulube
ACTING CLERK OF THE NATIONAL ASSEMBLY

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INTRODUCTION

One of the main functions of Parliament is to legislate, that is, to make laws. In all
democracies, this function is enshrined in the Constitution. In the case of Zambia,
Parliament derives its authority to legislate from Article 61 of the Constitution, which states
that:

"The legislative authority derives from the people of Zambia and

shall be exercised in a manner that protects this Constitution and
promotes the democratic governance of the Republic."

Furthermore, Article 63(1) of the Constitution provides that:

“Parliament shall enact legislation through Bills passed by the National

Assembly and assented to by the President.”

In making laws, there is a procedure that Parliament strictly adheres to in enacting a

new law or amending or repealing an existing one.

BILLS

A Bill is a proposed law and no Bill can become law without being passed by the
National Assembly and assented to by the President.

There are three types of Bills, and these are:

(a) Public Bills;

(b) Private Bills; and
(c) Hybrid Bills.

Public Bills sometimes take the form of Government and Private Member’s Bills
when they affect the public as a whole. The difference between the two, however, is that a
Government Bill is one which is introduced by a Minister, whereas a Private Member's Bill
is one brought up at the initiative of a back-bencher.

A Private Bill is one which is promoted by persons or bodies outside the House and
only affects a limited section of the public. It is, however, introduced in the House by a
back-bencher following the lodging of a petition signed by the promoters of that Bill.

A Bill introduced in the House must go through the following stages to become law:

(a) First Reading

The First Reading of the Bill is a formality. The Bill is presented and read for
the first time. No debate takes place and the Speaker refers the Bill to a relevant
Committee. The purpose of doing this is to subject the Bill to a detailed scrutiny and
the Committee, thereafter, reports to the House. For the Committee to come up with
a report on the Bill, consultations with various stakeholders are conducted. The

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 Committee Report is used to inform the debate in the House on the Bill.

For the majority of Bills, there is no set time within which they should be
published before being introduced in the House. a Bill for the alteration of the
Constitution should be published in the Government Gazette for not less than thirty
(30) days before the First Reading. This requirement applies to Bills which seek to
amend the Constitution.

(b) Second Reading

This is the most important stage in the legislative process of a Bill. At this
stage, the principle behind the Bill is debated in detail. The Member responsible for
the Bill reads a prepared speech which gives detailed explanations of what is
involved in the Bill and its implications and he/she outlines the advantages and
disadvantages as perceived by him/her. This is followed by a general debate on the
Bill which is informed by the report of the relevant Committee on the Bill.

During the debate, unless one has been misquoted or one needs to clarify a
point made earlier, a Member speaks only once to ensure that as many Members as
possible have an opportunity to contribute to the debate. The only exception to this
rule is that the initiator of the Bill reserves the right to wind up the debate.

At the end of the debate, the Speaker puts the question to the House that the
Bill be read a second time. Members indicate by saying "AYE," if they are in favour
of the Bill or "NO," if they are against it.

If the "AYES" are in the majority, the Speaker orders the Bill to be read a
second time. If, on the other hand, the "NOES" are in the majority, the Bill is
withdrawn and it cannot be reintroduced during the same Session.

If there is a dispute as to whether the "AYES or the "NOES" are in the

majority, a Division is called.

In the case of a Bill to amend the Constitution, when the question is put by the
Speaker that the Bill be read a second time, a vote is immediately conducted and
the Bill requires the support of at least two-thirds of the total membership of the
House on Second Reading.

(c) Committee Stage

At this time, a Bill is ordered to be considered by the Committee of the whole

House. The Committee examines the Bill in detail, clause by clause. Members are
free to speak more than once and may introduce amendments provided such
amendments are compatible with the Bill.

The Committee Stage is chaired by the First Deputy Speaker or the Second
Deputy Speaker.

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(d) Report Stage

The Report Stage is in practice similar to the Committee Stage except that,
here, only additional amendments to the Bill not moved at the Committee Stage, and
not Clauses, are considered. If a Bill has not been amended at Committee Stage,
the Third Reading is promptly proceeded with.

The Report Stage affords Members an opportunity to make further

amendments of which notice would have been given. During this stage, the Speaker
presides over the proceedings.

(e) Third Reading

The next stage of the Bill is the Third Reading. Here the Bill is reviewed in its
final form and no debate takes place. When the question has been put and agreed
to, the Bill is deemed to have been passed and, thereafter, is presented to the
President for assent.

The only exception again is a Bill to amend the Constitution which has to be passed
at Third Reading with at least two-thirds majority of all Members of the Assembly.

Presidential Assent

Once a Bill is presented to the President for assent, the President shall, within
twenty one days assent to the Bill. If the President gives his/her assent to the Bill it
becomes law (an Act of Parliament) and takes effect immediately it is published in the
Government Gazette or as stated in the Act. The President can, however, withhold assent
to any Bill, in which case the Bill is returned to the National Assembly. Such a Bill is
returned to the House with a message for the National Assembly to reconsider. The
National Assembly may amend the Bill taking into account the President’s reservations or
pass it without amendments on a vote supported by at least two-thirds of the Members of
Parliament.

Where the National Assembly fails to pass the Bill referred to it on a vote, the Bill
shall not be presented to the National Assembly in that session.
If the President does not assent to a Bill resubmitted to him/her by the Speaker,
within seven days, the Bill shall be considered assented to upon the expiry of the above
stipulated period.

In the exercise of legislative power in the House, to the enactment of the laws of
Zambia, the Journals and Legal Services Department monitors the progress of Bills in the
House, the Presidential assent and the publication of the Act in the Government Gazette.
Members who may want to trace the debate on any Bill afterwards may check with the
Journals and Legal Services Department for dates and days from the Bills register and
thereafter may read the debates from the Daily Parliamentary Debates.

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