PRESS STATEMENT
BY CELESTIN MAMBULA MUKANDILA
PATRIOTIC FRONT DEPUTY SECRETARY GENERAL – ADMINISTRATION
WHY THE SPEAKER OF THE NATIONAL ASSEMBLY’S DECLARATION OF HON. TASILA LUNGU’S PARLIAMENTARY SEAT VACANT IS ILLEGAL AND UNCONSTITUTIONAL
The Patriotic Front wishes to address the Speaker of the National Assembly’s recent declaration that the Parliamentary seat of Hon. Tasila Lungu is vacant, purportedly on the basis of alleged breaches of the National Assembly Standing Orders, 2024.
We issue this statement to clarify the grave illegalities and constitutional violations inherent in the Speaker’s decision. The rule of law, not political expediency, must guide the functioning of Parliament at all times.
1. Constitutional Framework Governing the Loss of a Parliamentary Seat
The Constitution of Zambia clearly and exhaustively stipulates the grounds under which a Member of Parliament may lose their seat. Article 72(2) provides that a seat may only be vacated through:
• Resignation;
• Disqualification under Article 70;
• Breach of a prescribed code of conduct;
• Expulsion or resignation from the sponsoring political party;
• Loss of citizenship;
• Joining a political party when elected as an independent;
• Declaration of disqualification by the Constitutional Court; or
• Death.
At no point does the Constitution mention breach of Standing Orders as a ground for vacating a Parliamentary seat.
The Speaker’s action therefore directly contradicts Article 72(2).
2. Only Legislation Can Prescribe a Code of Conduct, Not Standing Orders
Article 72(2)(c) refers specifically to breach of a “prescribed code of conduct”.
The only law prescribing such a code is the Parliamentary and Ministerial Code of Conduct Act of 1994, which governs:
• Corruption;
• Conflict of interest;
• False declarations;
• Abuse of office.
The Act does not regulate absenteeism, lateness, defiance of a ruling, or any procedural or behavioural issue encountered during parliamentary business. Such matters are purely disciplinary, not constitutional.
Therefore, Standing Orders, being procedural, cannot be stretched into grounds for disqualification.
3. Standing Orders Regulate Procedure. They Do Not Provide for Loss of Seat
Standing Orders are internal procedural rules made under Article 77(1). They cannot override the Constitution.
Key provisions include:
• Standing Order 223, which provides for suspension (7, 14, or 30 days) for absenteeism;
• Standing Order 215, which provides disciplinary measures for disorderly conduct.
None of these Standing Orders authorise the Speaker to declare a seat vacant.
The maximum penalty for such infractions is suspension, not removal from office.
4. The Speaker Cannot Create New Grounds for Disqualification
The Speaker’s mandate is strictly procedural. The Speaker cannot:
• Create new grounds for loss of a Parliamentary seat;
• Convert procedural breaches into constitutional offences;
• Override or amend Article 72 of the Constitution.
Any declaration of vacancy based on Standing Orders is:
• Unconstitutional,
• Unlawful,
• Ultra vires,
• Void and without legal effect.
This action amounts to an abuse of authority and a breach of constitutional duty.
5. Commonwealth Parliamentary Practice Confirms This Position
Zambia’s parliamentary system is inherited from the Westminster tradition.
In the United Kingdom, Canada, Australia, India, and other Commonwealth jurisdictions:
• Procedural infractions attract suspension,
• Only constitutional or statutory grounds lead to loss of seat.
Zambia cannot depart from this foundational parliamentary principle without violating constitutional safeguards.
CONCLUSION
The Patriotic Front reiterates that the Speaker’s declaration of Hon. Tasila Lungu’s Parliamentary seat as vacant is illegal, unconstitutional, ultra vires, and politically motivated.
It violates Article 72, undermines constitutionalism, and disenfranchises the people of Chawama Constituency whose democratic mandate must be respected.
We therefore call upon the Speaker to immediately rescind her decision, restore the seat, and uphold the rule of law, parliamentary integrity, and constitutional supremacy.
No political manipulation, procedural abuse, or unconstitutional action should overturn the will of the people.
Issued by:
Celestin Mambula Mukandila
Patriotic Front Deputy Secretary General – Administration
That’s why some people say politicians are selfish.There are some retirees in our country who worked tirelessly both day and night they were retired on national interest and were very underpaid, they went to court and the court ruled in their favor but for 25 years waiting for the right pension.
Here is young Tasila absent from Parliament for many months and you are there crying for her reinstatement saying her expulsion is illegal.Where on earth some one must be paid without working. That’s why I feel all those retired on national interest due to restructuring of government ministries must be reinstated and be retired under normal arrangements and be given their right pension.Tasila has been away from Parliament for too long just like what happened to JJ must be applicable to her.Thats why the constitution must need a complete overhaul.You mean she can just stay away and wait for gratuity, which is near now.No wonder every Jim and Jack want to be President.This perpetual absenteeism must be paid for? If this is allowed then she will even get her gratuity.God dislikes the exploitation of the poor.Those civil Servants must be reinstated if Tasila’s seat is given back to her. We must all be equal.
I support your position. This not different from stealing! Where in the world would one pay you for 11 months while staying away from work? PF mentality is still that of entitlement, that’s why they managed to grind the the economy in the ground. To them public funds are there to serve them as long as it’s one of them. No one in any capitalist economy can pay you for even one month if you don’t have leave days for free. It’s very expensive to hire a replacement while the other person is staying at home. They can’t afford to pay two people for 11 months. If we are talking of improving the economy this should be removed from the constitution. You can imagine how financially illiterate this lawyer is to be in charge in government. You can start counting another fot another financial bailout thin the next parliamentary term if the citizens make a mistake of putting them in power. They are very hungry for poor and that’s why everyone of them wants to become president so that they can be another Kasaka in a very short time.
Infact this Tasila Lungu was being paid for not performing her duties as a member of Parliament.she is supposed to pay back the money she got as a salary if any to the Treasury without delay. As for the PF lawyer the learned one please go back to Ziale for a refresher course so that you update your thinking.
No wonder PF had invested so much in violence and caders. It thrives in chaos and violence and can’t believe that with the rule of law they can’t openly recruit people to perpetrate violence to the citizens.