49. The Party which polls one third of the seats in the National Assembly is officially recognized as “the Official Opposition”, with its leader recognized as opposition leader. However, the Speaker has the discretion to recognize a party as the official opposition even if it has polled less than one third of seats in the Parliamentary elections. For instance, in 1991 UNIP was recognized as official opposition in the National Assembly even though it had less than one third of the seats. 50. The ruling MMD has the majority share in controlling and arranging the business of the House. As initiator of policy, it indicates which action it wishes the National Assembly to take by explaining and defending its position in public debate. 51. The National Assembly has the power to establish select committees composed of members of the opposition and back-benchers whose functions are to scrutinize the work of public institutions. This affords the National Assembly the opportunity to scrutinize the performance of Government. THE JUDICATURE 52. The Judiciary is established by Article 91 of the Constitution and consists of: a) The Supreme Court of Zambia; b) The High Court for Zambia; c) The Industrial Relations Court; d) The Subordinate Courts; and e) The Local Courts. 40

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