By 
Governance activist, Isaac Mwanza, has petitioned the Constitutional Court to include the Electoral Commission of Zambia (ECZ) in his ongoing legal challenge against the National Assembly’s decision to declare the Petauke Central parliamentary seat vacant.
The seat was declared vacant following the prolonged absence of fugitive Emmanuel Jay Banda from Parliament.
Read more: Good governance activist, Mwanza, challenges declaration of Petauke seat vacant
In his application for joinder, Mwanza argued that ECZ’s participation is crucial because the electoral body is responsible for conducting by-elections and could be directly affected by the court’s decision.
Earlier, Mwanza sought a conservatory order to prevent the National Assembly from notifying ECZ or taking further action on the Petauke Central seat until his petition was resolved.
However, ECZ confirmed receiving notification of the vacancy from the Speaker and announced plans to set a by-election date.
Mwanza emphasized that adding ECZ as a respondent would enable the court to comprehensively examine the legality of the Speaker’s notification and subsequent by-election plans.
He argued that ECZ’s inclusion would not disadvantage the National Assembly or the Attorney General but would prevent multiple legal actions and ensure a thorough resolution of the matter.
The activist is seeking a declaration that a parliamentary seat can only be declared vacant upon a determination by the High Court.
He is challenging the Speaker’s authority to unilaterally notify ECZ of a vacancy.
Mwanza further contended that the Code of Conduct for MPs can only be enforced through complaints filed with the Chief Justice, not through unilateral decisions by parliamentary committees.
He insisted that an MP’s seat cannot be declared vacant for “perpetual absence” based solely on findings by the Parliamentary Committee on Privileges and Absences.
The matter is now pending before the Constitutional Court.
WARNING! All rights reserved. This material, and other digital content on this website, may not be reproduced, published, broadcast, rewritten or redistributed in whole or in part without prior express permission from ZAMBIA MONITOR.
Comments