zambianobserver
Africa-Press – Zambia. 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
Source: The Zambian Observer
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