EEP President Chilufya Tayali

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I AM AT THE HOSPITAL, FOR A SUSPECTED FOOD POISONING, BUT I WILL BE FINE AND GET BACK TO MY USUAL WORK TOMORROW.

This evening someone invited me for lunch, but I think the food was bad, because I developed terrible stomach aches. So, I called my protection officer (the condition is that I have report any little thing to this person).

He immediately came in and brought me here, and it has been established that the food I eat was not good, but I have stay over for the night, for observation.

Anyway, I have found this interesting article on the senseless action by President Hichilema to declare 9 seats vacant.

“Parliamentary By-Election
By Dickson Jere

To remove a Member of Parliament (MP) via expulsion from the political party is a toll order these days. The system changed in 2016 through the Constitutional amendment that made it difficult to create a by-election by way of expulsion. Here is the long process that ought to be followed in order to create a vacancy and have a by-election.

1. When the party has expelled a truant MP from its ranks and file, the MP has two option. Either accept the expulsion and allow for by-election to be held or indeed challenge the expulsion in courts of law as provided for under Article 72(5).
2. Once he files the Court process challenging the expulsion – the MP keeps his seat while the case is going on in court and there is no timeline in which the case should be concluded.
3. If the Court finds that the expulsion of the MP from the party was not justified – there will be no by election in that constituency. In other words, the Judge must agree that the party has genuine reasons to fire its MP.
4. Once the Court says the party didn’t have genuine reasons for expelling the MP – that expelled MP has two options. Either to remain as member of the party that expelled him and retain the seat in Parliament or indeed resign from the party and becomes Independent MP.
5. But where the Court finds that the expulsion of the MP was justified, then the seat maybe declared vacant and by election takes place within 90 days after seat is declared vacant.
6. When a political party is dissolved, MPs who won the seats on that party ticket will remain MPs in parliament and automatically becomes independents.

So, for the seat to be declared vacant and have a by election, only two things must happen. The expelled MP should accept the expulsion and not challenge it in Court or indeed, he should resign on his own. For rest, it will depend on the Court.

This rather cumbersome process was introduced in 2016 in order to avoid unnecessary by elections whenever an MP is expelled from his party.
Remember PF had expelled 26 MPs at a go in 2008 when it was in opposition? Their arguments – expelled MPs – was that they decided to participate in the National Constitutional Conference (NCC), which was a national event against party directive.”

TAYALI THE PUBLIC LAWYER OF THE PUBLIC COURT OF OPINIONS!!!