Constitution of Zimbabwe (as amended by Constitution Amendment No. 19)
(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 by
section 23 of Act 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, by section 26 of Act 31 of 1989
– Amendment No. 9 – by section 9 of Act No. 15 of 1990 – Amendment No. 10 –
by section 23 of Act 5 of 2005 –Amendment No. 17 – and by section 8 of Act 11 of 2007
– Amendment No. 18]
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 –
by section 15 of Act 14 of 1996 – Amendment No. 14 – and by
section 23 of Act 5 of 2005 – Amendment No. 17]
(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 – Amendment No. 9
and by section 9 of Act 15 of 1990 – Amendment No. 10]
(c) if he becomes a Senator or the President of the Senate or a member of the
House of Assembly;
[Paragraph as substituted by section 9 of Act –5 of 2005 – Amendment No. 17]
(d) if any circumstance arises that, if he had been a member of Parliament—
(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
(ii) he would be required, by virtue of the provisions of section 42, to
cease to exercise his functions as a member;
or
[Paragraph as amended by section 26 of Act 31 of 1989 – Amendment No. 9
and by section 9 of Act 15 of 1990 – Amendment No. 10]
(e) if he accepts office as a Provincial Governor; or
[Paragraph as inserted by section 3 of Act 4 of 1985 – Amendment No. 5
and as amended by section 26 of Act 31 of 1989 – Amendment No. 9]
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