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

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