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Friday, April 30, 2021

Sesheke Constituency MP may lose seat and gratuity

Headlines Sesheke Constituency MP may lose seat and gratuity

Governance activist, Isaac Mwanza has petitioned the Constitutional Court to declare the Sesheke Constituency seat vacant following the sentencing of Romeo Kangombe to 12 months imprisonment with hard labour by the Chinsali Magistrate.

Mr Romeo Kangombe is currently serving a sentence of imprisonment of 12 months suspended over the period of 2 years.

Mr Mwanza wants a further declaration that Mr Kang’ombe is not entitled to gratuity which is paid at the end of the session of Parliament.

Mwanza contends that the sentencing to imprisonment with hard labour for 12months of Kangombe for abduction and assault of two policemen required that the seat be declared vacant.

Mwanza contends that although Kangombe is serving the sentence as suspended for two years, remains a convict and serving imprisonment from outside prison.

He said the seat became vacant under the terms of Article 72, 2(b) and 70 (f).

He stated that although Kangombe was serving a suspended sentence for two years, he was still serving imprisonment from outside and was convicted under a written law factors that nullify a seat.

He said the Ruling of the Speaker of the National Assembly Dr. Patrick Matibini following a Point of Order from Kabwe Central Constituency MP, Tutwa Ngulube, made on 13th April 2021 therefore was ultravires to the provisions of the Constitution and should be declared null and void.

Mwanza states that any payments made to Kangombe so far must therefore be recovered and subsequently, he is not entitled to the payment of any gratuity.

A Declaration and Order that the Sesheke Constituency Parliamentary seat became vacant from Monday, 12th April, 2021 when Mr. Romeo Kang’ombe, Member of Parliament for Sesheke Parliamentary Constituency, was found guilty and sentenced to 12 months imprisonment with hard labour, which sentence he is observing from outside prison for the duration of 2 years.

22 COMMENTS

  1. This matter has already been Petitioned at Concourt by Mr Busenga. The AG has already indicated that an MP can only vacate his Seat if he is serving a Custodial Sentence. Is the MP serving his Sentence? No he is not becoz the Sentence was Suspended. The Speaker echoed this Position. Normally its the Speaker of Parliament who declares an MP’s Seat Vacant and not Concourt. Why did Antonio Mwanza sue the Speaker of Parliament for failing to declare this MP’s Seat Vacant? Both the Speaker of Parliament and the MP are not complaining. What is Antonio Mwanza’s interest in all this?

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  2. And I am sure once the court grants your wish, you will sleep peacefully like a baby. Right now you are not finding any peace.

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  3. Isaac you just the best when it comes to the law. Speaker is not the authority but the Court are the authority. Let’s put this matter to rest.

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  4. Cadres know nothing about law, so go and go ISAAC. Let’s clarify this issue and put it to rest. Go on roaring like a Lion

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  5. I love this man. He is always top notch when it comes to putting matters in context. Cadres stay in your blind following lane.

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  6. I love this man. He is always top notch when it comes to putting matters in context. Cadres stay in your blind following lane!

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  7. Kang’ombe and Isaac must just talk to withdraw otherwise this matter will disadvantage Kang’ombe from going back to parley

  8. Petition the court also on those MPs who have crossed before parliament is dissolved, do they qualify for gratuity?????

  9. And the ones that were convicted for staying in power illegally and got paid? Is that not stealing as well? And Iris K, what is her fate? Application of the law must be consistent. The petition is valid but judgement on this will have implications and must be applied consistently. And CK has a case pending appeal. Interesting times ahead. Our Judiciary must reign in these matters.

  10. You can tell the lack of education in this fellow. Gratuity under the Employment Code Act is actually proportionate to how long the said individual has served. That said, the Speaker’s ruling is clear, the mischief the law regarding the declaration of vacancy was intended to prevent was that people would have no representative if their member of parliament was incarcerated. Romeo is not confined to prison. There is no need to quote acts.

  11. Will Zambians also petition the President over his suspension of the law practicing by LAZ too for a crime caused on a widow? No one has ever thought of this because of … so check yourselves because no one is above the law.

  12. Will Zambians also petition the President over his suspension of the law practicing by LAZ too for a crime caused on a widow? No one has ever thought of this because of … so check yourselves because no one is above the law. Please don’t think that Zambians have idle mind. They are just quiet and dont think by removing Kangombe from the race you will get that seat no, you just provoke many people in his constituency to be against PF.

  13. Romeo is not serving his Custodial Sentence becoz it was Suspended. Antonio Mwanza is aggrieved so he should sue the Speaker of Parliament for refusing to declare the MP’s Seat vacant. Both the Speaker and the MP are not complaining. Concourt cannot interfere with Parliamentary Procedures without either the Speaker or MP being a Complainant. Mr Busenga has already sort an interpretation on this. The AG and the Speaker agree that Romeo should keep his Seat becoz his Sentence was Suspended. So what interest does Antonio Mwanza have in this matter we wonder?

  14. It’s not Antonio Mwanza, learn to read. And there is absolutely nothing wrong with challenging the Speaker’s ruling, we have seen this done when the Speaker declared Chishimba Kambwili’s seat vacant and the ConCourt gave a ruling that he was wrong but CK would not get his seat back, strange.
    Anyways, Isaac Mwanza wrote an article about the Grade 12 Certificate in which he argued that people with a higher qualification without the grade 12 could still stand.
    ECZ issued a statement saying only the minimum was required and those without could not stand.

  15. Continued.
    The kangombe case, I opine, allows the MP to legally continue as MP. He is at liberty to interact with his constituents as well as travel to parliament whenever. The constitution bars someone who is incarcerated, for the obvious reason that they cannot be at parliament or their constituencies.
    The Magistrate when sentencing knew that the accused would still be an MP, talk about leniency.

  16. @ aDVISER,
    The issue is not as a seating president but to have a clean record as a Leaders. Was he cleanned and came out clean for PF to take him to the president as we see the way HH is dragged on everyday to the point of accusing him on issues that happened over 20 years ago?
    Look at current critics of leadership today, being the Head of state what are many Zambians saying? If you asked Kambwili who often has had been questioning God where this leaders came from you would wonder. Can we say its all about having clean performance or what?

    The issue is our National Constitution which is to some kind not straight on the point of presidential criticisms- Only when his Immunity is withdrawn out dear otherwise so many issue surround the leadership are a talk of the day.

  17. Laughable how people behave when it seemingly disadvantages them. The legislature makes laws, while the judiciary interprets those same laws. There is nothing wrong for any citizen to petition the court for judicial interpretational clarification. If the court finds that the petitioner is doing it mischievously, the case will be thrown out with costs. This is what will happen to SC John Sangwa’s recent eligibility petition. At that time some people will be insulting the judges!

  18. Some people in Zambia have much time to waste, the speaker made it clear that the Hon. R. Kangombe is still MP for Sheseke.. Why is Mr. Mwanza trying to grow hair on an egg?

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