CHIEF electoral officer, Brown Kasaro has insisted that the dates for Mfuwe Constituency by-elections earlier announced by the Electoral Commission of Zambia (ECZ) should proceed as a vacancy was created by the law.
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Kasaro said a parliamentary seat becomes vacant when a serving MP is convicted of a criminal offence whether serving the sentence or not, or whether the MP has been granted bail.
Earlier, Maureen Mabonga had petitioned the Constitutional court seeking an interpretation whether a parliamentary seat becomes vacant when a serving member of parliament is convicted of a criminal offence.
She challenged the decision made by ECZ to hold by-elections in Mfuwe while her appeal against an eight month sentence slapped on her is still pending.
Mabonga further wanted the court to determine whether declaration of her seat vacant was done in accordance with the provisions of article 72(8) of the constitution of Zambia amendment Act no 2 of 2026.
She also wanted the court to determine whether the subsequent nomination dated for the Mfuwe Constituency by-election announced by the ECZ on July 10, 2025 should proceed in the absence of a vacancy in the office of MP.
But in response, Kasaro in an affidavit in opposition to originating summons submitted that the constitution mandates ECZ to conduct elections where a vacancy occurs in the office of a member of parliament, mayor, council chairperson or councillor within 90 days of the occurrence of the vacancy.
Kasaro said ECZ is guided by the relevant electoral laws which, amongst others, includes the constitution of Zambia (amendment) act no.2 of 2016, Electoral Process Act no.35 of 2016 and Regulations promulgated thereunder.
He further submitted that on May 19, 2025, the speaker of the national assembly notified the ECZ of a vacancy having occurred in the national assembly, following the conviction of Mabonga, the Mfuwe Constituency MP
Kasaro believes that the court guided on the matter.
“It is our submission that a parliamentary seat becomes vacant when a serving MP is convicted of a criminal offence whether serving the sentence or not, or whether the MP has been granted bail. Court guided in the people v AG (ex parte Nickson Chilangwa).”
“Based on the guidance of the court set out in the immediate preceding paragraphs, We wish to submit that the dates for the Mfuwe Constituency by election announced by the third respondent should proceed as a vacancy was created by operation of law,” submitted Kasaro.
By Lucy Phiri
Kalemba July 22, 2025
