CONSTITUTION OF ZIMBABWE as amended by Amendment No. 17 [Subsection as substituted by s. 8 of Act No. 5 of 2005 – Amendment No. 17] (3) The procedure for the nomination of candidates for election under subsection (1)(a) and (c), the election of members of the House of Assembly and the filling of vacancies shall be as prescribed in the Electoral Law. [Subsection as substituted by s. 8 of Act No. 5 of 2005 – Amendment No. 17] [Section as substituted by section 6 of Act 31 of 1989 - Amendment No. 9] 39 Election of Speaker and Deputy Speaker (1) When Parliament first meets after any dissolution of Parliament and before it proceeds to the despatch of any other business it shall elect a presiding officer to be known as the Speaker; and whenever the office of the Speaker becomes vacant Parliament shall not transact any other business until a person to fill that office has been elected. [Subsection as amended by section 26 of Act 31 of 1989 - Amendment No. 9] (2) The Speaker shall be elected in accordance with Standing Orders from among persons who are or have been members of the House of Assembly and who are not members of the Cabinet, Ministers or Deputy Ministers: Provided that a person who is not a member of the House of Assembly shall not be elected as the Speaker unless he is qualified in accordance with Schedule 3 for election to the House of Assembly. [Subsection as amended by section 20 of Act 23 of 1987, by section 26 of Act 31 of 1989 - Amendment No. 9 and section 23 of Act No. 5 of 2005 – Amendment No. 17] (3) A person who has been elected as the Speaker shall, before he enters upon the duties of his office, unless he has already done so in accordance with section 44, take and subscribe before the House of Assembly the oath of loyalty in the form set out in Schedule 1. [Subsection as amended by section 26 of Act 31 of 1989 - Amendment No. 9 and section 23 of Act No. 5 of 2005 – Amendment No. 17] (4) When the House of Assembly first meets after any dissolution of Parliament it shall, as soon as practicable after the election of the Speaker, elect in accordance with Standing Orders a member of the House of Assembly, not being a Vice-President, a Minister or Deputy Minister, to be the Deputy Speaker and to be chairman when the House of Assembly is in committee; and whenever the office of the Deputy Speaker becomes vacant the House of Assembly shall, as soon as convenient, elect another such member to that office. [Subsection as amended by section 20 of Act 23 of 1987, section 26 of Act 31 of 1989 - Amendment No. 9, section 9 of Act 15 of 1990 - Amendment No. 10 and section 23 of Act No. 5 of 2005 – Amendment No. 17] 40 Tenure of office of Speaker and Deputy Speaker (1) The Speaker may at any time resign his office either by announcing his resignation in person to the House of Assembly or by notice in writing to the Clerk of Parliament. [Subsection as amended by section 26 of Act 31 of 1989 - Amendment No. 9, section 15 of Act 14 of 1996 - Amendment No. 14 and section 23 of Act No. 5 of 2005 – Amendment No. 17] (2) The Speaker shall vacate his office— Consolidation 47 1st October, 2005