Art.7
assumed the office of President, unless at least thirty days before the proceedings
are instituted in court, notice of claim in writing has been delivered to him or sent
to him pursuant to the procedure prescribed by an Act of Parliament, stating the
nature of such proceedings, the cause of action, the name, residential address of
the claimant and the relief which he claims.
(3) Except where he ceases to hold the office of President pursuant to the
provisions of Article 46A(10) it shall be prohibited to institute in court criminal or
civil proceedings whatsoever against a person who was holding the office of
President after he ceases to hold such office for anything he did in his capacity as
President while he held the office of President in accordance with this
Constitution.
Impeachment
by the National
Assembly
Act No.20
46A.-(1) Notwithstanding the provisions of Article 46 of this Constitution,
the National Assembly may pass a resolution to remove the President from office
if a motion to impeach the President is moved and passed in accordance with the
provisions of this Article.
(2) Subject to the other provisions of this Article, no motion to impeach
the President shall be moved save only if it is alleged that the President has
(a)
committed acts which generally violate Constitution or law
concerning ethics of public leaders;
(b)
committed acts which contravene the conditions concerning the
registration of political parties specified in Article 20(2) of this
Constitution; or
(c)
conducted himself in a manner which lowers the esteem of the
office of President of the United Republic,
and no such motion shall be moved within twenty months from the time when a
similar motion was previously moved and rejected by the National Assembly.
(3) The National Assembly shall not pass a motion to impeach the
President save only if
(a)
a written notice signed and supported by not less the twenty per
cent of all Members of Parliament is submitted to the Speaker
thirty days prior to the sitting at which such motion is intended to
be moved in the National Assembly, specifying the wrong
committed by the President and proposing that a Special
Committee of Inquiry be Constituted to inquire into the charges
brought against the President; and
(b)
at any time after the Speaker receives the notice duly signed by the
Member of Parliament and satisfies himself that the provisions of
the Constitution for the moving of the motion have been complied
with, to vote on the motion to constitute a Special Committee of
Inquiry, and if it is supported by not less than two thirds of all the
Members of Parliament, the Speaker shall announce the names of
the member of the Special Committee of Inquiry.
(4) The Special Committee of Inquiry for the purpose of this Article shall
consist of the following members, that is to say
of 1992
Art.8
Act No.12
of 1995
Art.4
32
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