Criminal conviction renders MP seat vacant – ECZ
By Esther Chisola
THE Electoral Commission of Zambia (ECZ) has submitted before the Constitutional Court that a parliamentary seat becomes vacant once a serving member of Parliament (MP) is convicted of a criminal offence.
Chief electoral officer Brown Kasaro has submitted that this is whether the convicted MP was serving the sentence or not or whether they had been granted bail.
Former Mfuwe MP Maureen Mabonga has challenged the State, Speaker of the National Assembly Nelly Mutti and ECZ questioning where a parliamentary seat can become vacant when a serving member of parliament is convicted of criminal offences.
Mabonga, who was last month released from prison on bail pending hearing of her appeal after she was found guilty and sentenced to eight months simple imprisonment, has cited Attorney General Mulilo Kabesha, Mutti and ECZ as respondents.
In an originating summons filed in the Constitutional Court, Mabonga wonders whether a parliamentary seat becomes vacant when a serving member of Parliament is convicted of a criminal offence but not serving the sentence owing to the fact that the conviction has been overturned or that she has been granted bail pending appeal.
She further wants to know whether declaration of her seat vacant was done in accordance with the provisions of article 72(8) of the Constitution amendment Act no 2 of 2016.
But according to an affidavit in opposition to originating summons filed by ECZ, submits that the commission is guided by the relevant electoral laws which, amongst others, include the constitution of Zambia (amendment) Act no.2 of 2016, Electoral Process Act no.35 of 2016 and Regulations.
He states that the Constitution mandates ECZ to conduct elections where a vacancy occurs in the office of MP, mayor, council chairperson or councillor within 90 days of the occurrence of the vacancy
“That on May 19, 2025, the Speaker of the National Assembly notified the ECZ of a vacancy having occurred in the National Assembly, following the conviction of Maureen Mabonga, MP of Mfuwe Constituency. The third respondent through a statutory instrument set July 2025 as the date for nomination and August 7, 2025, as the poll day for the by election for Mfuwe Constituency,” Kasaro submits.
“It is our submission that a parliamentary seat becomes vacant when a serving MP is convicted of a criminal offence whether serving the sentence or nor or whether the MP has been granted bail. We wish to submit that the dates for the Mfuwe Constituency by election announced by the third respondent should proceed as a vacancy was created by operation of law,” he sates.
Last month, Lusaka magistrate Trevor Kasanda granted Mabonga bail pending the hearing of her eight-month simple imprisonment sentence.
