Geoffrey Bwalya Mwamba’s days in parliament are numbered as the Zambian constitution clearly states he cease to Member of Parliament immediately he crosses the flow to join a party that did not sponsor him.
GBM’s defence is that there are MPs serving the ruling party on were sponsored by the opposition. However, these officials have not reliquished their party membership while the President of the Republic is empowered to appoint anyone in the House to serve in government. This is not the case when an MP crosses the floor to serve another political party.
Speaker Patrick Matibini is set to make a ruling on the matter. If Matibini uses his sound legal mind free of the influence of the Cartel, he will certainly point to a by-election in Kasama.
Here below the article on which Matibini may base his reasoning;
Article 71 of the laws of Zambia . (1)Every member of the National Assembly, with the exception of the Speaker, shall vacate his seat in the Assembly upon a dissolution of the National Assembly.
(2) A member of the National Assembly shall vacate his seat in the Assembly—
(a)if he ceases to be a citizen of Zambia;
(b)if he acts contrary to the code of conduct prescribed by an Act of Parliament;
(c)in the case of an elected member, if he becomes a member of a political party other than the party of which he was an authorised candidate when he was elected to the National Assembly or, if having been an independent candidate, he joins a political party or having been a member of a political party, he becomes an independent;
(d)if he assumes the office of President;
(e)if he is sentenced by a court in Zambia to death or to imprisonment, by whatever name called, for a term exceeding six months;
(f)if any circumstances arise that, if he were not a member of the Assembly, would cause him to be disqualified for election as such under Article 65;
(g)if, under the authority of any such law as is referred to in Article 22 or 25—
(i) his freedom of movement has been restricted or he has been detained for a continuous period exceeding six months;
(ii)his freedom of movement has been restricted and he has immediately thereafter been detained and the total period of restriction and detention together exceeds six months; or
(iii) he has been detained and immediately thereafter his freedom of movement has been restricted and the total period of detention and restriction together exceeds six months.
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