Nchelenge MP Faces By-Election After Declaring UPND Membership
LUSAKA, ZAMBIA – Nchelenge Member of Parliament Simon Mwale is set to lose his parliamentary seat after identifying himself as a member of the ruling United Party for National Development (UPND), a move that falls under the constitutional provisions on floor-crossing. Once declared vacant, the seat will trigger a by-election in the constituency, and Mwale will be barred from re-contesting it for the next five years.
The matter was brought to light by Ambassador Emmanuel Mwamba, a Patriotic Front (PF) member, who stated that Mwale had openly pledged support to President Hakainde Hichilema and begun describing himself as part of the UPND. Mwamba has since called on Speaker of the National Assembly Nelly Mutti to enforce the law.
“By pledging his support to President Hakainde Hichilema and identifying himself as a member of the UPND, Mr. Mwale has crossed the floor,” Mwamba said. “This requires that the Speaker declares the Nchelenge seat vacant and a by-election be held.”
The legal foundation for this demand is contained in Article 72 of the Constitution of Zambia, amended in 2016 to curb floor-crossing and strengthen party loyalty. Article 72(1)(f) stipulates that a seat becomes vacant if an MP elected on a party ticket ceases to belong to that party and joins another.
Article 72(2) further imposes a ban, stating that any MP who loses their seat in this manner cannot re-contest in the same constituency for five years. This clause, often referred to as the anti-defection law, significantly reshaped Zambia’s political framework by eliminating the practice of MPs switching parties for political advantage.
The rule was confirmed in 2020 in a case involving former Roan MP Chishimba Kambwili. While the Constitutional Court faulted the then-Speaker for bypassing proper procedure, it nonetheless held that Kambwili’s seat had automatically fallen vacant the moment he joined the National Democratic Congress (NDC). The judgment reinforced the principle that the vacancy occurs by operation of law, not by the Speaker’s discretion.
Following these developments, the process now lies with the Speaker of the National Assembly. A formal complaint is expected to be lodged, after which the matter could be referred to a select committee to establish whether Mwale has indeed ceased to belong to the PF and aligned himself with the UPND. If confirmed, the Speaker will be constitutionally required to declare the seat vacant.
Such a declaration would pave the way for a by-election in Nchelenge. Under the constitutional restrictions, Mwale would not be eligible to contest, leaving the PF and UPND to battle for the constituency without his participation.
At the time of this report, neither Mwale nor the UPND leadership had issued an official statement regarding his political status, leaving the matter to parliamentary procedure and the Speaker’s eventual ruling.