ss 38–40A CONSTITUTION OF ZIMBABWE (2) The procedure for the nomination of candidates for election under subsection (1), the election of members of Parliament and the filling of vacancies among elected members of Parliament shall be as prescribed in the Electoral Law. (i) the provisions of section 41 (j), (k), (n), (o), (p) or (q) would apply to him and his seat as a member would become vacant; or [Section as substituted by section 6 of Act 31 of 1989] 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] (2) The Speaker shall be elected in accordance with Standing Orders from among persons who are or have been members of Parliament and who are not members of the Cabinet, Ministers or Deputy Ministers: Provided that a person who is not a member of Parliament shall not be elected as the Speaker unless he is qualified in accordance with Schedule 3 for election to Parliament. [Subsection as amended by section 20 of Act 23 of 1987 and by section 26 of Act 31 of 1989] (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 Parliament the oath of loyalty in the form set out in Schedule 1. [Subsection as amended by section 26 of Act 31 of 1989] (ii) he would be required, by virtue of the provisions of section 42, to cease to exercise his functions as a member; (4) When Parliament 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 Parliament, not being a Vice-President, a Minister or Deputy Minister, to be the Deputy Speaker and to be chairman when Parliament is in committee; and whenever the office of the Deputy Speaker becomes vacant Parliament shall, as soon as convenient, elect another such member to that office. [Subsection as amended by section 20 of Act 23 of 1987, by section 26 of Act 31 of 1989 and by section 9 of Act 15 of 1990] 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 Parliament or by notice in writing to the Secretary to Parliament. [Subsection as amended by section 26 of Act 31 of 1989] (2) The Speaker shall vacate his office— (a) on the dissolution of Parliament next following his election; (b) if he becomes a Vice-President, a Minister or Deputy Minister; [Paragraph as amended by section 20 of Act 31 of 1989 and by section 9 of Act 15 of 1990] (c) if he becomes a member of Parliament; [Paragraph as substituted by section 7 of Act 31 of 1989] (d) if any circumstance arises that, if he had been a member of Parliament— 38