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Opposition Members of Parliament (MPs), primarily from the Patriotic Front (PF), have issued a 48-hour ultimatum to the Speaker of the National Assembly, demanding the reversal of a decision to discipline the Petauke Central MP, Emmanuel Banda, whose seat is at risk of being declared vacant.
In a petition obtained by Zambia Monitor on Monday, PF MPs and some independents called on the Speaker to reconsider her decision, which granted Banda seven days to appear before Parliament or risk losing his seat.
“If we do not receive your communication informing us of the reversal of the decision within 48 hours, we shall take legal action against the presiding officers,” the petition read.
The MPs argued that the Speaker’s ruling violated the Constitution, stating:
“We, the undersigned Members of Parliament, hereby petition the office of the Speaker on her decision to issue a seven-day ultimatum to Banda to appear in Parliament, failing which his seat would be declared vacant.”
They further claimed that Banda, who faces charges of aggravated robbery, was a victim of abduction and held captive for a significant period before resurfacing under unclear circumstances.
According to the MPs, Banda fell ill while in police custody, was taken to a hospital, and subsequently disappeared.
The petition was signed by several MPs, including Brian Mundubile, Miles Sampa, and representatives from constituencies such as Wusakile, Nkana, Kafulafuta, and Bwacha.
The MPs also challenged the Speaker’s authority to declare a seat vacant, stating that such power resides solely with the Constitutional Court. They cited the Constitution (Amendment Act No. 2 of 2016) to support their argument.
“Our second and equally important ground is constitutional. The National Assembly, presided over by the Speaker, is a creation of the Constitution. Under constitutional democracy, the mandate to declare a parliamentary seat vacant lies with the Constitutional Court,” the petition stated.
The MPs urged the Speaker to revisit her decision, arguing it usurped the Court’s constitutional mandate.
They warned that failure to address their petition within 48 hours would result in legal action to seek proper interpretation of the Constitution and Standing Orders.
The Speaker’s decision, made on November 19, 2024, has sparked significant controversy, with the opposition accusing her of overstepping her authority.
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