MPS WHO RESIGNED HAVE CREATED A VACANCY AND MUST NOT ATTEND PARLIAMENT
Article 72(2) (d) and (e) of the Constitution of Zambia (as amended in 2016) provides that:
“The office of Member of Parliament becomes vacant if the member
(d) resigns from the political party which sponsored the member for election to the National Assembly;*
Good evening fellow Zambian citizens and good evening President HH and the UPND Government…
The nation has seen the resignation of PF members of parliament who have opted to join the UPND and the government. What the law says about the resignations is that their seats have become vacant. And if their seats have become vacant it goes without saying that they cease being Members of Parliament: in short, they have crossed the floor
Your Excellence President HH, President of the Republic of Zambia, you took oath to uphold the constitution and Article 1 of the Constitution says the constitution is the Supreme law of the Republic of Zambia and any written law, customary law and customary practice that is inconsistent with its provisions is void to the extent of the inconsistency.
Your Excellence according to these provisions of the constitution, all MPs who resigned to join Upnd have created a vacancy and must never be seen in or attend any parliamentary seatings.
I, therefore, call upon all well meaning citizens to stand up and defend the constitution in accordance with Article 1 (2) (a) which provides that every person has the right and duty to defend this constitution…
And (b) every person has the right and duty to resist or prevent a person from overthrowing, suspending or illegally abrogating this constitution.
Your Excellence President HH and President of the Republic of Zambia, I have noticed that the MPs who resigned to join your Party have been attending parliament unrestrained going against the provisions of the Constitution. This trend is very worrisome as citizens would think that when one belongs to the ruling party they must not follow or obey the constitution of the land.
I wish to address the Members of Parliament concerned that you will one day leave parliament, no matter how long it will take, and you risk being arrested or made to pay for being in parliament when you have created a vacancy by resigning and joining the UPND. My sincere advice to you is you must stay away from parliament to protect yourselves. Today you may think because you have joined the ruling Party and you can abrogate the law with impunity, don’t forget that governments come and governments go, one day you will stand alone to account.
Even the laws you will help formulate when you are are not MPs will be questioned by successive governments because for sure how can you make laws when you are not members of parliament? Mkwai ine nalanda epompelele, advice can be given but it is upto individuals whether you take it or not…
Regards
Amon Chisenga
Student of law