WHAT HAPPENS WHEN AN MP IS CONVICTED BY A COURT OF LAW.
July 24th, 2024
LUSAKA – Article 70 (2)(g) of the Constitution of the Republic of Zambia Act number 2 of 2016 provides that a member of parliament who has been convicted for a crime under written law loses their seat.
The Speaker shall then write to the Electoral Commission of Zambia informing them of a vacancy in the House.
What happens when the Convict appeals their sentencing?
Unlike the provisions of Article 72 (5) which holds that:
“Where a Member of Parliament is expelled as provided in clause (2) (e), the member shall not lose the seat until the expulsion is confirmed by a court, except that where the member does not challenge the expulsion in court and the period prescribed for
challenge lapses, the member shall vacate the seat in the National Assembly”.
Article 70(2)(g) does not provide for the MP to remain in the house during the appeal period. This therefore means that a convicted member loses their seat whether the sentencing is appealed or not.
In this vain, it means that the Kawambwa Parliamentary seat fell vacant immediately its Member of Parliament Nickson Chilangwa was convicted and sentenced by the Kawambwa Magistrate Court on Monday July 22nd, 2024 for a crime under written law.
For Pambashe MP, Ronald Chitotela, he remains MP until the High Court sentences him.
Cheelo Katambo
Deputy Media Director – UPND
Read the constitutional provisions on issue in full.. What happens if on appeal the conviction and sentence are quashed??
Court procedure is that when a court makes a decision ,and it is appealed ,
The appeal process stays that decision .
If the conviction is appealed , then the conviction is stayed ; and there is no room for the speaker to make further ruling.
Hallucinating Hypocrite too much hallucinations everytime, everyday and all the time. Your PF Kawambwa MP is squeezed daddy chapwa fye mukwai.
The law needs to be revisited. Tainted goods have no place in our society. The conduct of individuals in public office needs to be unquestionable.
Look at what is happening in RSA. A Judge is removed from the bench and finds himself on the comission that sanctions Judges. Is that not an insult to the Honourable men and women of the bench, the institution and the esteem we hold for these offices. They should never be denagrated by individuals and their poor conduct
Is this guy really in prison? Many people that are convicts are at their homes. The poor man and woman are the ones really in prison. By the way which prison so we can check?