(1) Parliament may, by resolution supported by the votes of not less than twothirds of all the members of each House, pass a vote of no confidence in the Government. [Subsection as substituted by section 5 of Act 5 of 2005 – Amendment No. 17]
(2) A motion for the resolution referred to in subsection (1) shall not be moved in the House of Assembly unless—
(a) not less than seven days’ notice of the motion has been given to the Speaker; and
(b) the notice of the motion has been signed by not less than one-third of all the members of the House of Assembly; and shall be debated in the House of Assembly within twenty-one days after the receipt by the Speaker of the notice of the motion. [Subsection as amended by section 23 of Act 5 of 2005 – Amendment No. 17]
(3) Where a vote of no confidence in the Government is passed by Parliament in terms of this section, the President shall within fourteen days do one of the following—
(a) dissolve Parliament; or
(b) remove every Vice-President, Minister and Deputy Minister from his office unless he has earlier resigned in consequence of the resolution; or
(c) himself resign his office. [Section as amended by sections 3 and 26 of Act 31 of 1989 – Amendment No. 9, and subsection (3) as also amended by section 9 of Act 15 of 1990 – Amendment No. 10]
Parliament may, by resolution passed by at least two-thirds of all its members at a joint sitting of the Senate and the National Assembly, pass a vote of no confidence in the Government.
A motion for the resolution for a vote of no confidence may be moved only if-
at least seven days' notice of the motion has been given to the Speaker; and
the notice of motion has been signed by at least one-third of all the Members of the National Assembly.
A motion for a vote of no confidence
must be debated in a joint sitting of the Senate and the National Assembly within twenty-one days after the Speaker received the notice of the motion; and
must be voted on within seven consecutive sitting days after it was moved, otherwise it is regarded as lost.
(4) Where Parliament passes a vote of no confidence in the Government, the President must, within fourteen days, either
remove every Vice-President and Minister from office, unless they have already resigned as a result of the resolution, and appoint new persons in their place in accordance with this Constitution; or
dissolve Parliament, in which event a presidential election and a general election must be held in accordance with sections eighty-two and one hundred and forty-four.
National Constitutional Assembly (NCA) Draft Constitution (2001)
The National Assembly may, by resolution passed by at least three-fifth of its total membership pass a vote of no confidence in the government.
A motion for the resolution of a vote of no confidence in the government must be signed by at least one third of the total membership of the National Assembly and must be served on the Speaker and the Prime Minister at least ten days before it is debated in the National Assembly.
If Parliament passes a vote of no confidence in the Government:-
the Prime Minister must resign; and
the National Assembly must, subject to section 87, elect an Acting Prime Minister.
It is competent for the National Assembly, by a majority vote, to pass a vote of no confidence in the Cabinet, excluding the Prime Minister, in which event the Prime Minister is obliged to reconstitute the Cabinet.