POSSIBLE EXPULSION OF MAFINGA MP ROBERT CHABINGA V THE EXPULSION CLAUSE: AN IMPOSSIBILITY IN THE OFFICING
The expulsion of an elected Member of parliament from his or her political party is governed by CLAUSES 2, 5-8 of Article 72 of the republican Constitution.
It is tideous and time consuming process which is close to impossibility taking into account that the disposal of the court cases are not timeous in Zambia.
Examples of such attempts are abound among them the attempt by the UPND to expel the then Sianazongwe MP Richwell Siamunene, Itezhi-Itezhi MP, Greyford Monde, Shang’ombo, MP Poniso Njeulu, Solwezi East MP, Teddy Kansonso, Nalikwanda MP, Prof Geofrey Lungwangwa and his Senanga Counterpart, Mulowa while MMD also attempted to expel its MPs for Muchinga Howard Kunda among others.
All the above attempt failed either due to delayed court process or just sheer inaction by the Speaker after being informed of the party decision or indeed the party just ignoring the rebellious conducts its members.
Clause (2)(e) instructs that the office of Member of Parliament becomes vacant if the membe is expelled from the political party which sponsored themember for election to the National Assembly
Clause 5 dictates 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
This means that once a political party effects an expulsion and the expelled goes to COURT, the expelled MP(s) shall not lose his/her seat until the Court validates the expulsion.
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CLAUSE 6 gives an option of the status of an expelled member whose outcome of the court did not confirm because the EXPULSION was not justified at law e.g. continue as a member or decide to be independent.
It guides thus *Where a court determines that an expulsion of a member, as provided in clause (2) (e), was not justified, there shall be no by-election for that seat and the member shall opt to—
(a) remain a member of the political party and retain the seat
or
(b) resign from the political party and retain the seat as an independent member
In an event the Court confirms the expulsion, CLAUSE 7 DIRECTS that Where a court determines that an expulsion of a member, as provided in clause (2) (e), was justified, the member shall vacate the seat in the National Assembly forthwith.
CLAUSE 8 EXPLAINS the process once an expulsion has been confirmed thus *Where a vacancy occurs in the National Assembly, the Speaker shall, within seven days of the occurrence of the vacancy inform the Electoral Commission of the vacancy, in writing, and a
by-election shall be held in accordance with Article 57.
Therefore the expelling political party justify an expulsion and trigger a by- election is a tow order and very close to impossible.
Unless the PF expulsion clause in its Constitution has section talks of expelling a member for working with the sitting president or ruling party to justify its cogitated action against its MAFINGA MP ROBERT CHABINGA
I submit
Mcdonald Chipenzi .