ConCourt Ruling on Parliamentary Vacancies Sparks Debate: UPND Questions the Future of Expelled MPs
The United Party for National Development (UPND) has called for constitutional lawyers to weigh in on a significant ruling by the Constitutional Court (ConCourt) regarding what constitutes a parliamentary vacancy and its implications for nine expelled MPs. The party took to its official Facebook page, urging legal experts to interpret the ruling in the case Belemu Sibanze vs. Electoral Commission of Zambia and Attorney General (2024/CCZ/0017), handed down on 15 October 2024.
The ruling, which clarified several constitutional issues surrounding the process of by-elections, has prompted a broader debate on the legitimacy of the expulsion of nine MPs and the subsequent notification of vacancies by the Speaker of the National Assembly to the Electoral Commission of Zambia (ECZ). The UPND’s post specifically questioned whether the expelled MPs have any grounds to challenge their removal, especially considering that the ECZ acknowledged receipt of the Speaker’s notification of vacancies.
The ConCourt Ruling: Key Points
At the heart of the Constitutional Court’s judgment is the interpretation of Article 57(1) of the Zambian Constitution, which mandates that by-elections must be held within 90 days of a vacancy being declared. The Court clarified that once the ECZ is notified of a vacancy, the by-election process must begin immediately and be concluded within the prescribed 90-day period. Crucially, the Court emphasized that no legal proceedings, such as judicial reviews, can delay this process.
The Court ruled that the only legally permissible challenge during the 90-day period is a nomination challenge, which must be resolved within the constitutional timelines. The judgment also specified that the High Court does not have jurisdiction to interfere with the process through judicial review, thereby affirming the autonomy of the by-election process.
The case arose from an application questioning whether certain legal challenges, including stays of execution, could halt or delay the by-election timeline set forth by the Constitution. The ConCourt categorically rejected this notion, stating that the law “does not contemplate any other processes being undertaken during the 90 days” and that any attempts to do so would undermine the constitutional time limits.
Legal and Political Implications
The implications of this ruling are significant, particularly for the nine MPs expelled from the Patriotic Front (PF) and whose seats were declared vacant by the Speaker earlier this year. According to the ruling, the ECZ was legally obligated to begin the by-election process as soon as it received the Speaker’s notification in June 2024. Given that the 90-day period has already begun, it appears that any attempts to challenge the expulsions are effectively nullified.
This has led to a flurry of political commentary, with many questioning the motivations behind the expulsions and the Speaker’s actions. UPND, in its Facebook post, highlighted the uncertainty surrounding the future of these parliamentary seats and the potential for further legal battles.
Social Media Reactions
The ConCourt ruling has ignited a spirited debate on social media, with various commentators offering differing views on the matter. Some accused the Speaker of acting out of political motivation rather than following constitutional procedures.
Carlos Carlos, a commenter on the UPND Facebook post, said, “Your speaker was using emotions instead of following the constitution when declaring those seats vacant. This is what happens when you use emotions and not following the law. Forget about those seats and concentrate on the cost of living.”
Shebo Wamz Law echoed this sentiment, adding, “To start with, the Speaker erred in his ruling… He was politically motivated when he made that ruling and wrote to ECZ. Let’s avoid unnecessary by-elections.”
Others, however, supported the idea of moving forward with the by-elections, arguing that the ruling leaves no room for further delays. Muleka Alex commented, “By-elections must take place now so that we see how popular PF has become. We all know that UPND will carry the day.”
There was also criticism directed at the ECZ for perceived delays in setting the by-election process in motion. Sergio José Phiri said, “We should have had by-elections last month. ECZ is sleeping.”
The Broader Constitutional Context
The ConCourt ruling serves as a critical interpretation of Zambia’s constitutional provisions regarding parliamentary vacancies and by-elections. The case further underscores the separation of powers, as the Court made it clear that no other institution, including the High Court, has the authority to delay or circumvent the election process once a vacancy has been declared.
On page 12 of the judgment, the Court noted that the matter came before them as part of their interpretative jurisdiction under Article 128(1)(a) of the Constitution, and that their intention was to prevent any violation of the Constitution. The ruling specifically addressed issues related to whether an appeal without a stay of execution can affect the timeline for holding by-elections, concluding that the 90-day limit remains inviolable.
This judgment is likely to set a precedent for future cases concerning parliamentary and local government vacancies, and it has sparked calls for clarity on the application of constitutional law in Zambia’s political system.
What’s Next?
As the 90-day deadline for the by-elections draws nearer, all eyes are on the ECZ to see how it will proceed. The ConCourt ruling leaves little room for further legal maneuvering, but with political tensions high, there may be additional efforts to challenge the process in other ways. For now, it seems that the expelled MPs may have little recourse but to accept their removal and prepare for the by-election process.
The UPND’s call for constitutional lawyers to interpret the ruling reflects the broader uncertainty and potential for further legal disputes as the country moves forward with these critical by-elections.
Source: UPND Media Team
Hopes for any better zambia in the nearest future is totally gone.
Why has this country adopted such convoluted processes for something as simple as replacing or re-voting a politician. They shouldnt be removed via the whim of the Speaker in the first place. I have never heard of such a crisis from the slave masters who left us this political system. Why has HH and Lungu and their parliament created this confusion. HH’s Speaker connived with the President and the Electoral Commission. I think not the whole Judiciary is game. The result is this chaotic ruling
In Zambia it’s only 2 things….Politics and courts 24/7……no development…no electricity
And so it will be till 2026
Unfortunately the tribal supremacists have not accepted a tonga president………
2026 will be more high BP for them……
Forwadee 2031
Spaka it’s you people who are tribalists. People voted for HH from all corners of the country. Southern Province and Its allies gave him one million votes the rest came from the rest of the country.
I hope you remember Masha Chilemena’s action at Znbc? When it looked like Mazoka was winning Masha went and hounded everyone who was not from his tribe shouting IT’S OUR TIME TO RULE. So who’s tribal…. you have just failed to turn your rehearsal in reality.
Chi Spaka take your Tongaism to Bweengwa! We have been living in peace in our urban areas until you villagers invaded us. From now onwards all presidential candidates must only come from the line of rail and the copperbelt. We dont want our nation to be destroyrd by primitive villagers like Spaka and his creed
Smartman
Sorry, CDF has meant the rural population has almost doubled……
Dejavu
Stop trying to justify your dirty tribalism
You will never find true un-biased Justice where the wicked, arrogant, biased, unforgiving individuals make the law… Bob Marley
Our beloved nation went to the dogs 3 years ago. Ubufontini fulu fulu. Question though is…” How are you my country folks surviving back home? Any hopes for a better today & tomorrow? Are you still giving upnd time to ”ahhhh” apparently fix all the destruction that was done by the so called PF thugs? In their eyes the PF thugs never did anything, they upnd built the airports, no load shedding, they fixed & built roads, the Lusaka-Ndola dual carriage way is completed, they just completed a modern green city in Chisamba… upnd ohh they really work…. lament my beloved nation, lament, lament!!!!
Why ????
Because some one not from your tribe won elections…….????
Zambia was actually saved from becoming another Zaire
Forwadee 2031
Good judgement.we need to move on..
So the jury is still out about the legitimacy of Miles Sampa dispite the court ruling?
The Speaker based his/her decision based on the court ruling on the legitimate faction of PF. So why are we blaming the messenager?
Jackson explain to me what is happening. From Canada the report is too foggy. Are the nine MPs still in the house? With which party? Are the seats vacant since it is over 90 days since they were politically assasinated?
Imwe BÀF8KALA sort out the Zesco problems instead trying to weaken your friends. Even if they lose their seats, we still remove you from office.
Hehehehe ……
Ati we will remove you from office………
Those kaponya cader PF thugs you are socialising with are not the whole zambia……
Just like in 2021, you will be licking your wounds until another 5 years………
Fo….fo…..forwadee 2031
……..
This is must be the most useless dual use constitution in the world……..
It has several meanings , can be interpreted according to your needs, like the bible………
Too many ambiguities and unfinished meanings……..
What do you expect from anything overseen by lungu and PF……..nothing but disaster
Forwadee 2031
I hope everyone remembers what really happened to the latest Nkana and Kabushi bye elections that involved the two former PF Mps. Ot was not exhaustive and all court processes were dealt a blow job.
The only sensible comment is the one from @Jackson.
The disqualification of the 9 was undertaken after a letter from the legitimate leader of PF, Miles Sampa.
Therefore, the speaker was left with no choice but to bar them and the next course of action has to be by-elections.
People, its not what you think, its what the law says.
LT get objective people like journalists to report this not “the UPND Media team”