Constitution of Zimbabwe (as amended by Constitution Amendment No. 19) writing to the Clerk of Parliament or is for any reason unable to perform them, those functions shall be performed by the Clerk of Parliament. (5) The Deputy President of the Senate may at any time resign his office by notice in writing to the Clerk of Parliament and shall vacate his office if— (a) he ceases to be a Senator; (b) he is required, by virtue of the provisions of section 42 or 43, to cease to exercise his functions as a Senator; or (c) he becomes a Vice-President, Minister, Deputy Minister or Provincial Governor. [Part repealed by section 5 of Act 31 of 1989 – Amendment No. 9 and new Part inserted by section 7 of Act 5 of 2005 – Amendment No. 17] PART 3 Composition of House of Assembly, Speaker and Deputy Speaker and Parliamentary Legal Committee 38 Composition of House of Assembly (1) There shall be a House of Assembly which, subject to the provisions of section 76 (3b), shall consist of two hundred and ten members qualified in accordance with Schedule 3 for election to the House of Assembly and elected by voters registered in the two hundred and ten constituencies delimited in accordance with section 61A. (2) The procedure for the nomination of candidates for election under subsection (1)(a), the election of members of the House of Assembly and the filling of vacancies shall be as prescribed in the Electoral Law. [Section as substituted by section 7 of Act 11 of 2007 – Amendment No. 18] 39 Election of Speaker and Deputy Speaker (1) When the House of Assembly 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 the House of Assembly 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 – and by section 23 of Act 5 of 2005 – Amendment No. 17] (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 by section 23 of Act 5 of 2005 – Amendment No. 17] - 51 -