Thursday 19th October 2017

State of Emergency Finally Ends

The threatened state or emergency has come to an end after the 90 day window from the date off approval by parliament.

President Edgar Lungu declared the threatened state of emergency on July 5 in the aftermath of the burning down of City Market by unknown people suspected to have had a political motive.

The state of emergency was approved by parliament on July 11 taking effect but legally it cannot last beyond 90 days without being reviewed.
Justice Minister Given Lubinda appealed to the citizenry not to use the lapse of the state of threatened emergency to fan anarchy.

He said law enforcement agencies would remain on alert despite the state of threatened emergency coming to a close.

Article 31 [Declaration Relating to Threatened Emergency]

(1) The President may at any time by the Proclamation published in the Gazette declare that a situation exists which, if it is allowed to continue may lead to a state of public emergency.

(2) A declaration made under clause (1) of this Article shall cease to have effect on the expiration of a period of seven days commencing with the day on which the declaration is made unless, before the expiration of such period, it has been approved by a resolution of the National Assembly supported by a majority of all the members thereof not counting the Speaker.

(3) In reckoning any period of seven days for the purpose of clause (2) no account shall be taken of any time during which Parliament is dissolved.

(4) A declaration made under clause (1), may, at any time before it has been approved by a resolution of the National Assembly, be revoked by the President by Proclamation published in the Gazette.

(5) Subject to clause (6) a resolution of the National Assembly under clause (2) shall continue in force until the expiration of a period of three months commencing with the date of it’s being approved or until revoked on an earlier date of its being so approved or until such earlier date as may be specified in the resolution.

(6) The National Assembly may by resolution, at any time revoke a resolution made by it under this Article.

(7) Whenever an election to the office of President results in a change in the holder of that office, any declaration made under this Article and in force immediately before the day on which the President assumes office shall cease to have effect on the expiration of seven days commencing with that day.

(8) The expiration or revocation of any declaration or resolution made under this Article shall not affect the validity of anything previously done in reliance on such declaration.

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