By-election continues Knocking on Kawambwa asParliament declares seat vacant again
By-election continues Knocking on Kawambwa as
Parliament declares seat vacant again
A BY-ELECTION has has continued to persistently knock on the doors of Kawambwa with Parliament declaring the seat vacant for the second time in less than a month.
Speaker of the National Assembly, Nelly Mutti declared Kawambwa seat vacant yesterday, two days after its troubled law maker Nickson Chilangwa was convicted of malicious damage and removed from circulation for five years.
The declaration of the Kawambwa seat vacant comes three weeks after the same Parliament declared it and eight other seats vacant in the wake of an expulsion from the wrangle plagued PF although a court order restored the seat.
Chilangwa lost the ‘honorable’ status on Monday when the Kawambwa Magistrates Court found that he had been at the center of electoral violence and maliciously caused damage to property prior to the 2021 general election.
Magistrate Martin Namushi said Chilangwa would not answer to calls of honorable but convict for his ill conduct and jailed him for five years.
Chilangwa’s former workmate for Pambashe constituency Ronald Chitotela also suffered the same fate when he was convicted for arson together with his abettors, but the Court lacked powers to impose the minimum sentence of 10 years and committed him to the High Court for sentencing.
Yesterday, UPND Luena member of parliament Mubita Anakoka raised a point of order seeking a ruling from Mutti on whether the two convicted parliamentarians could continue holding on to their electoral positions.
Anakoka raised the point of order citing Article 72(2)(b) and 70(2)(g) of the constitution which stipulates circumstances under which a member of parliament can lose their seat, and sparked a howl of protests from PF opposition members of parliament.
Mutti called the outcrying members of parliament to order failure to which they would follow the proceedings and listen to her ruling outside the chamber.
Ruling on the point of order, the speaker said Chilangwa had automatically ceased to be member of parliament immediately he was jailed five years.
“Article 72(2)(b) of the constitution provides for a seat in the National Assembly to fall vacant when a member of parliament is serving a prison sentence. Article 72 (f) says a seat in the National Assembly falls vacant once a member of parliament is convicted for an offence under a written law,” Mutti said.
“The import of these two provisions is that once a member of parliament is convicted and sentenced for an offense, that member of parliament immediately ceases to hold office as a member of parliament. In the case of Nickson Chilangwa MP his seat became vacant as soon as he was sentenced to imprisonment for five years.”
She said for now Chitotela can answer to honorable as he is still member of parliament and will vacate his seat when the High Court seals his conviction with a 10-year prison sentence.
“With regard to honorable Chitotela since he’s not yet sentenced by the High Court he remains a member of parliament until such time when he shall be sentenced,” Mutti directed.
She indicated that she will communicate to the Electoral body regarding the vacancy in Kawambwa so that a by-election can be held.
“The procedure to be followed once a seat in the National Assembly Falls vacant as provided for under Article 72(8) of the constitution when a seat falls vacant the speaker shall within seven days of the occurrence of the vacancy inform the Electoral Commission of Zambia in writing and a by-election shall be held in accordance with Article 57,” Mutti said.
“A member of parliament serving a sentence automatically loses their seat and the National Assembly is required to inform ECZ within seven days of its occurrence.”
She added that there being no order stopping Chilangwa from serving his sentence the ECZ can go ahead with elections in the constituency.
“In view of this and in the absence of of an order suspending the execution of the sentence as provided for under section 33(2) of the CPC chapter 88 of the laws of Zambia the speaker will inform the ECZ of the vacancy of the Kawambwa constituency,”said Mutti.
Political parties will have to hit the ground in Luapula province and set the campaign mood.
By Mwaka Ndawa
Kalemba July 25, 2024.