CONVICTED Mfuwe Member of Parliament Maureen Mabonga has gone to the Constitutional Court to challenge the legality of the declaration of her seat vacant by Speaker of the National Assembly.
Ms Mabonga wants the Con-Court to determine whether a parliamentary seat becomes vacant when a serving MP is convicted of a criminal offence.
She further seeks an answer as to whether a parliamentary seat becomes vacant when a serving MP is convicted of a criminal offence but is not serving the sentence, owing to the fact that the conviction has been overturned or that she has been granted bail, pending appeal.
Ms Mabonga also seeks a declaration on whether declaration of her seat as seat vacant was done in accordance with the provisions of the Constitution.
She also wants to know whether the subsequent nomination date for the Mfuwe Constituency by election announced by the Electoral Commission Zambia(ECZ) on July 10,2025, should proceed in the absence of a vacancy in the office of MP
In the petition, Ms Mabonga has cited the Attorney General, Speaker of the National Assembly Nelly Mutti and ECZ as respondents.
In an affidavit, Ms Mabonga submits that she was convicted of seditious practices and sentenced to eight months simple imprisonment as well as fined of 4,000 penalty units by the Lusaka Magistrate’s Court.
She says on May 16, 2025, she appealed against the conviction and sentence and also applied that she should be released on bail pending determination of her appeal.
“Bail was granted bail on June 24,2025,” Ms Mabonga submits.
She says that while she was in detention, on May 22, ECZ chief electoral officer Brown Kasaro, announced to the public that it had received notification from the Ms Mutti of a vacancy in Mfuwe Constituency, following her conviction.
“On May 30,ECZ announced dates for by election Mfuwe anchored on the notification from the Speaker,” she adds.
The politician says she is currently not serving the prison sentence she was released on bail.
“That sometime in April of 2021, then Speaker of the National Assembly guided that a conviction does not trigger a vacancy in a parliamentary seat.
“That the purported notification of the third respondent of a vacancy in Mfuwe Constituency conflicts with the ruling above and thus, creates an opportunity for this court to pronounce itself on the matter,” Ms Mabonga said.
She believes that ConCourt has jurisdiction to answer questions pertaining to her seat being declared vacant in view by interpreting article 70(2) f, 72(2)b and article 72(8) of the constitution of Zambia in line with the questions posed in this application.
The ECZ has already set August 7 as date for by elections in Mfuwe.
(Mwebantu, Saturday, 12th July, 2025)
You have seen the results see now people in your constituency are happy to have bye election you thought they will boycott.
She is a foolish woman she thought she was cleaver.
This is an academic excerise of fruitaility. Just recently didnt Munir Zulu try the same antics? PF should learn that there is what is called precedence.
Mwefipubamwe
It’s a dead on arrival in court petition. I’m surprised that there’s a lawyer who has accepted instructions to file such an application.
The lady is just dull,you see ignorance before she opens her mouth, it shows on her face.She really needs guidance.Forgive her and let her push the CDF agenda for her constituency. She will do the right thing.
But the ballot papers have already been printed!
Mwanya, you rubble your mouths with tribal nonsense like diarrhea is dripping. You will be hit where it hurts. Lose your MP seat and no more MP salary. Let’s see how relevant you will still be. Its sad that these overzealous young MPs think being controversial on highly sensitive matters of tribal hatred will make them famous. Zambians are nolonger tolerant to matters that seeks to destroy this beautiful country. You will end up in jail, salary & title lost then back to your old miserable self
So you want a criminal to make laws for a country Maureen? Does that make sense. Or putting it in it’s right perspective, should a bitching mother or a womanising father teach children to be decent??? What grade did this girl reach in school?? Another Munir Zulu and J J Banda here. I think this is the worst parliament Zambia has ever had….what a waste….