Can the Executive determine whether and when Parliament sits? • Present Constitution: Yes. The President decides when sessions of Parliament begin, but there must be a session of Parliament at least once every six months. • Kariba draft: Much the same as the present Constitution, but the President will have to summon Parliament within 21 days after each general election. • NCA draft: No. The President will have to summon Parliament within 21 days after an election, and thereafter Parliament will determine when it sits. • Law Society draft: The same as the NCA draft, though the President, on the advice of the Prime Minister, will be able to summon Parliament for special business. Can the President dissolve or prorogue (i.e. suspend) Parliament at his discretion? • Present Constitution: Yes, he or she can do so at any time in his or her absolute discretion, i.e. without consulting the Cabinet. • Kariba draft: The same as the present Constitution. • NCA draft: No. Parliament will be dissolved only if the National Assembly, by a 2/3 majority, so resolves. • Law Society draft: The same as the NCA draft. Is the head of government dismissible by Parliament? • Present Constitution: Yes. The President can be impeached and removed from office by a 2/3 majority of both Houses of Parliament. Also, if a 2/3 majority of each House passes a vote of no confidence in the Government, the President must either call a general election, or dismiss the Cabinet, or himself resign. • Kariba draft: Yes, by a 2/3 majority the Senate can impeach the President and remove him or her from office. And if a 2/3 majority of both Houses of Parliament pass a vote of no confidence in the Government, the President must either dismiss the Cabinet or call a general election. • NCA draft: Yes. The Prime Minister, who is Head of Government, can be removed from office by a 3/5 majority of the National Assembly (clause 86). And if the National Assembly, by a 3/5 majority, passes a vote of no confidence in the Government, the Prime Minister must resign. • Law Society draft: The same as the NCA draft, though the majority required for the vote in the National Assembly is 2/3, not 3/5. Is the Attorney-General or the person responsible for criminal prosecutions independent of the Executive and the Legislature? • Present Constitution: No. He is a non-voting member of the Cabinet and of the Senate and House of Assembly. • Kariba draft: The same as the present Constitution. • NCA draft: Yes. The Attorney-General will be appointed in the same way as judges, will enjoy security of tenure and will not be a member of the Cabinet or either House of Parliament. • Law Society draft: Yes. Though the Attorney-General will be a non-voting member of Cabinet, he or she will not be responsible for criminal prosecutions. The Independent Prosecutor-General, who will be responsible for them, will be appointed in the same way as judges, will enjoy security of tenure and will not be a member of the Cabinet or either House of Parliament. 34