ECZ MUST HOLD BY ELECTIONS QUICKLY, RULED PF SPEAKER MATIBINI, when MP is JAILED for CRIMINALITY, & APPEAL is USELESS, and so SPEAKER NELLY MUTTI is RIGHT to follow PF PRECEDENCES & LACUNAS.
DOBO SINKAMBA & FOJALIST PROPAGANDIST need to know that PF BAD PRECEDENTS & EVIL LACUNAS will continue to HAUNT UKWA, but it is the LAW unfortunately.
The Case in question:
Dr. Matibini in March 2018 ruled in the Keith Mukata case in relation to the sentence of death and his vacancy of his chilanga seat said:
_” Hon Members, from the foregoing, it is crystal clear, that the Constitution treats appeals relating to election petitions and the expulsion of Members from the political party that sponsored them to the House, differently from convictions relating to criminal offences. In the case of an election petition or expulsion from the sponsoring party, a member is entitled at law to retain his or her seat pending final determination of the matter by the Constitutional Court.
However, in the case of a criminal matter, the Constitution does not permit a member to maintain the status quo, pending determination of the appeal. Therefore, the seat falls vacant when a member begins to serve a sentence of imprisonment_ .
_Hon Members, I hope it is clear and obvious that the decision to notify the Electoral Commission of Zambia of the vacancy in the Chilanga Parliamentary Constituency seat was founded on the Constitution and not prompted by a discriminatory practice_ , _as alleged in the purported Point of Order_ .
_I thank you_ .