About 4 more By Elections in Eastern Province next 90 Days says Miles Sampa
MBS08.02.2025
All things being equal, there will be 4 more by elections in the Eastern province within next 90 days. This is however subject to how the Speaker of Parliament Madam Nellie Mutti will decided in her Ruling to a pending Point of Order coming Tuesday.
4 MPs of Kumawa blatantly crossed the floor or pledged publicly their allegiance to another party other than the one that sponsored them into Parliament. They were sponsored by the PF but pledged their allegiance to the ruling UPND. There is enough exhibit of pictures and videos taken by individuals or by the ZNBC.
They knowingly and voluntarily executed acts of resignation from the PF to the UPND and by dictates of the Zambian Constitution article 72, they crossed the floor.
Article 72(2)(d) states.. “ The office of Member of Palriament becomes vacant if the member- (d) resigns from the political party which sponsored the member for election to the National Assembly”. When this happens, It means that our Speaker Madam Nellie Mutti then needs to declare a particular seat or seats vacant and elections held within 90 days.
There is precedents set on this score in the past instances when Speaker Patrick Matibini declared Miles B.Sampa, Chishimba Kambwili and GBM seats vacant when they flirted with DF, UPND and NDC respectively. A bit of ignorance and non intent was at play in these instances but the 4 MPs went out of their way to exhibit their resignation from the PF to joining the UPND. They dressed in the UPND colours and went to Petauke and attended a UPND party closed meeting which they addressed pledging allegiance. It was well thought out action.
Further down the history lane, there is a landmark Supremce Court ruling of 1994 in the case of the MMD vs Akashambatwa Mbikusita Lewanika & 5 Others. The judgment has been the authority on should happen to current MPs that go to do politics with political parties other than the one that sponsored them into Parliament.
A distinction has to be made however and there are landmark judgements to the effect that association with the republican President events does not amount to resignation from own opposition political party. These rulings came about when the then republican President Mwanawasa appointed Haritage party MPs into his cabinet. After petitions from their party and leader General Miyanda, thereon the law was made via the judiciary judgements. It was stated that when MPs are being sworn in, they pledge allegiance to the republican President and therefore working with him in the Executive is legal.
President HH was however never in the Petauke campaigns and it was the UPND (political party) national, provincial and district officials that were present. They hosted the 4 PF MPs when they freely offered their resignation acts.
Even as we promote democracy in our Country, it must be played within the enshrined rules otherwise it becomes a game of lawless or chaos. There is no way FAZ would be quiet when a Maite Mufurila Wanderers player leaves Mufken overnight and next day seen addressing media at Nkana stadium dressed in Red attire training with Kalampa (Nkana).That player would immediately get sanctioned by both FAZ and FIFA for misconduct.
There are rules to follow and consequences that arise when a player or politician decide to change membership from one club to another. If and when the Speaker Nellie Mutti decides to declare Msanzala, Chama South, Chipangali and Chadiza seats vacant, then the UPND will have a chance to redeem their loss in Petauke central yesterday. They could win them all or lose them all. Equally the Opposition could win or lose them all. That is however what is called democracy under the confines of the Rule of Law.
Do I personally want the by-elections? Actually not but neither do I want to be part of a government that does not obey what the Constitution of Zambia dictates. The Constitution is paramount law of our Land and must be adhered to without exception, fear or favour. The opposite is anarchy.
Miles B. Sampa, MP
President
Patriotic Front (PF)
About 4 more By Elections in Eastern Province next 90 Days says Miles Sampa
