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The Chinsali High Court has referred the contentious case involving jailed Kawambwa Member of Parliament (MP) Nickson Chilangwa to the Constitutional Court for interpretation.
This followed Speaker Nelly Mutti’s decision to declare Chilangwa’s seat vacant despite his pending appeal against a five-year conviction for malicious damage to property.
Presiding Judge Willie Sinyangwe stated the need for constitutional clarity, particularly on Articles 72(2)(f) and 70(2)(b), to resolve the matter.
Judge Sinyangwe highlighted the Attorney General’s argument that the Kawambwa seat was automatically vacated by operation of law following Chilangwa’s conviction and sentencing.
However, the judge noted that Speaker Mutti actively declared the seat vacant and communicated this decision to the Electoral Commission of Zambia (ECZ), making her role central to the dispute.
The Attorney General, Mulilo Kabesha, contended that Article 72(2)(f) justifies the seat becoming vacant automatically upon conviction.
Conversely, Chilangwa argued that this provision did not apply to him, as he is an elected MP from the August 2021 general elections, not a candidate seeking re-election.
Chilangwa has petitioned the High Court for judicial review, describing Speaker Mutti’s decision on July 24, 2024, as illegal.
He argued that declaring the seat vacant while his appeal was still under consideration was both irrational and unjustified, as his conviction and sentence were not yet final.
Among the remedies Chilangwa seeks are:
1. An order of certiorari to overturn the declaration of the Kawambwa seat vacancy.
2. A declaration that Speaker Mutti’s decision is unlawful and violates his constitutional rights.
The Constitutional Court is now tasked with providing a definitive interpretation to determine whether the Speaker’s actions align with constitutional provisions.
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