ConCourt must explain Chilanga vacancy - YALI
THE Constitutional Court of Zambia must interpret the clause that the Speaker of the National Assembly, Patrick Matibini used to declare Chilanga constituency seat vacant when Member of Parliament Keith Mukata has not yet began serving his sentence, says Young African Leaders Initiative governance advisor Isaac Mwanza.
Mr Mwanza said the Constitutional Court must explain the declaration contained in a letter to the Electoral Commission of Zambia (ECZ) in which Dr Matibini announced the vacancy in Chilanga constituency following the sentencing to death of Mr Mukata for murder on 28th February 2018.
“Contrary to his letter to the Electoral Commission dated 7th March, 2018 in which he stated that a vacancy occurred in the elected membership of the National Assembly following the sentenc- ing to death of Mr. Keith Mukata by the High Court of Zambia on Wednesday, 28th February, 2018, the Article 70(2)(f) of the Constitution only provide for the vacancy when an MP “is serving a sentence of imprisonment for an offence under a written law.”
“Speaker of the National Assembly, Patrick Matibini, must request the President to refer the interpretation of Article 70 (2) (f) of the Constitution which he used to declare the Chilanga Parliamentary Seat vacant,” he said.
He said according to the new provisions of the 2015 amended constitutions, an MP only loses his seat when begins serving his sentence as opposed to the repealed provisions of the 1996 Constitution which created a vacancy upon an MP being sentenced.
Mr Mwanza said as opposed to repealed provisions of the 1996 Constitution which created a vacancy upon an MP being sentenced, the new provisions signed by President Lungu provided a departure to only provide for vacancy at a time when an MP is serving a sentence.
He said in capital punishment, an appeal also acted as a stay of the High court’s decision, and that an MP on death row who has appealed against his conviction and sentence could not be executed until the appeal was concluded.
“The decision to declare the Chilanga seat vacant has set a dangerous precedent for MPs who, in future, may face and be sentenced for various offences by any court, including the subordinate courts, as the Speaker will have no option but to declare a seat vacant despite any appeal to the higher courts by a person concerned,” Mr Mwanza said.
He further explained that the declaration of the Chilanga seat vacant required the Constitutional Court to interpret on whether the sentence begins upon conviction or sentencing, and whether it maintains the status quo even after it has been appealed against.