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.