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Governance activist, Isaac Mwanza, has petitioned the Constitutional Court, challenging the National Assembly’s decision to declare the Petauke Parliamentary seat vacant.
The seat, held by fugitive Emmanuel Jay Banda, was declared vacant following Banda’s prolonged absence from parliamentary sittings without permission since August 4, 2024.
In his petition, Mwanza argued that the decision was unconstitutional, asserting that only the High Court had the authority to determine whether a parliamentary seat has become vacant.
He claimed the National Assembly’s actions breach Article 72(2) of the Constitution.
Mwanza is seeking several declarations, including one that the Code of Conduct referred to in Article 72(2)(c) pertains specifically to the Parliamentary and Ministerial Code of Conduct.
He has also applied for interim relief, requesting a conservatory order to prevent the National Assembly from informing the Electoral Commission of Zambia (ECZ) or taking further action pending the court’s determination.
The National Assembly had given Banda seven days to resume parliamentary duties or risk losing his seat.
The Speaker of the National Assembly revealed that the Committee on Privileges and Absences found Banda’s absence in violation of Standing Order 223 of the National Assembly Standing Orders, 2024.
However, Mwanza contends that the National Assembly has overstepped its mandate, effectively creating an additional ground for declaring a seat vacant without amending Article 72(2) of the Constitution.
He also argued that the Committee on Privileges and Absences exceeded its authority by addressing breaches of the Code of Conduct.
The matter now awaits determination by the Constitutional Court.
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