The Zambian Civil Liberties Union-ZCLU-, through its Executive Director Isaac Mwanza has challenged the constitutionality of the decision by the National Assembly of Zambia to declare the Petauke Central Parliamentary seat vacant on grounds not recognized by the constitution and the law.
In a petition filed in the constitutional court, Mr. Mwanza has argued that the prescribed code of conduct for members of Parliament, which outlines the conditions under which a seat may be declared vacant, is the Parliamentary and ministerial code of conduct act, chapter 16 of the laws of Zambia.
Mr. Mwanza has contended that the reliance on the standing orders by Speaker Nelly Mutti as a basis for the decision was contrary to the law.
He has submitted that the National Assembly has overstepped its authority by introducing a ground for vacating a seat through a mere resolution, a power it does not possess under the constitution.
Mr. Mwanza has emphasized that both article 72(2) and article 79 of the constitution, as well as the Parliamentary code of conduct, clearly define the circumstances under which a seat may become vacant.
Speaker of the National Assembly Nelly Mutti last week gave fugitive Petauke Central Member of Parliament Emmanuel Jay Banda a 7 day ultimatum in which to report to the house failure to which his seat will be declared vacant.
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