Speaker advises Nkana MP to read the law if he wants to be a lawyer
NELLY Mutti has dished out some free career advice to outspoken Nkana Member of Parliament Binwell Mpundu urging him to thoroughly read the law if he wants to be a lawyer.
The speaker, a seasoned lawyer with the title of State Counsel to her name encouraged Mpundu to verse himself with law after he questioned her decision to declare the Kawambwa seat vacant this afternoon.
The declaration comes two days after the Kawambwa Magistrates Court convicted lawmaker Nickson Chilangwa for malicious damage and handed him a five year jail term.
Citing various provisions of the law to support her action, Speaker Mutti declared the Kawambwa seat vacant.
“Article 72 (2)(b) of the constitution provides for a seat in the National Assembly to fall vacant when a member of parliament is serving a prison sentence,” Mutti said.
She further quoted the constitution which states that a person is disqualified from being elected as a member of parliament if that person is serving a sentence of imprisonment for an offense under a written law.
“The import of these two provisions is that once a member of parliament is convicted and sentenced for an offense, that member immediately ceases to hold office as a member of parliament. Therefore, in the case of Nickson Chilangwa MP, his office became vacant as soon as he was imprisoned for five years,” Mutti said.
But before Mutti’s announcement could even be digested by the house, Mpundu rose on a point of order questioning her ‘rushed’ declaration saying a convict had a period in which they could appeal their conviction.
“Madam speaker, the standard practice of the house and by the constitution of this republic, there is always a period provided for appeal, my worry on this madam speaker, has this house taken notice madam speaker, that there is that time frame for appeal for us to get into this matter for which window is still available for appeal. I seek your indulgence,” said Mpundu.
In response, Mutti said; “Honorable member for Nkana that point of order you are raising on the presiding officer, sorry it does not qualify. The ruling has been delivered, the law is very clear, where a member of parliament is challenging the election petition is being challenged and he loses the case, that is where a member can be given an opportunity to fully exhaust the the process.
The speaker further went on to advise Mpundu to avoid future embarrassments such as this.
“Okay anyway, am not even going to go there, let’s make progress, if you want to be a lawyer, read the law,” said Mutti and in the process created an brief moment of awkward silence in the House.
By Buumba Mwitumwa
Kalemba July 24, 2024