GRACE CHAILE
MAUREEN Mabonga, the Mfuwe Patriotic Front (PF) Member of Parliament has petitioned the Constitutional Court to challenge the decision by the Electoral Commission of Zambia (ECZ) to hold by-election in her constituency while her appeal against an eight-month conviction is still pending.
Ms Mabonga seeks the court’s interpretation on several constitutional matters, including whether a parliamentary seat becomes vacant when a serving member of Parliament is convicted of a criminal offence, and whether a parliamentary seat becomes vacant when a serving member is convicted but is not serving the sentence due to an overturned conviction or being granted bail pending appeal.
She also wants the court to determine whether the declaration of her seat vacant was done in line with Article 72(8) of the Constitution of Zambia Amendment Act No. 2 of 2016 and whether the subsequent nomination for the Mfuwe Constituency by-election announced by the ECZ should proceed in the absence of a vacancy in the office of MP.
In her affidavit, Ms Mabonga stated that she was convicted of one count of seditious practices and sentenced to eight months’ simple imprisonment, as well as a fine of 4, 000 penalty units, by the Lusaka Magistrate Court. She appealed against the conviction and sentence on May 16 and was granted bail on June 24.
Ms Mabonga argued that the ECZ’s announcement of a by-election in Mfuwe, based on the notification from the Speaker of the National Assembly Nelly Mutti, was premature.
She cited a precedent set by the then Speaker of the National Assembly in April 2021, who guided that a conviction does not trigger a vacancy in a parliamentary seat.
Ms Mabonga believes that this precedent contradicts the current decision to declare her seat vacant, creating an opportunity for the court to clarify the matter.
She seeks the court’s interpretation of Articles 70(2)(f), 72(2)(b), and 72(8) of the Constitution of Zambia.
