(2) Where a member of Parliament fails to disclose a material interest in accordance with
subsection (1) that member shall be guilty of contempt of the National Assembly.
[Ch0000s62]62. Composition of the National Assembly
(1) The National Assembly shall consist of such number of seats, representing every
constituency in Malawi, as shall be determined by the Electoral Commission.
(2) Each constituency shall freely elect any person, subject to this Constitution and an Act of
Parliament, to represent it as a member of the National Assembly in such manner as may be prescribed
by this Constitution or an Act of Parliament.
[Ch0000s63]63. Vacancies in the National Assembly
31 of 1994, 4 of 2001(1) The seat of a member of the National Assembly shall become vacant—
(a)
if the National Assembly has been dissolved;
(b)
if the member dies or resigns his or her seat;
(c)
if the member ceases to be a citizen of Malawi;
(d)
if the member assumes the office of President or Vice-President;
(e)
if any circumstances arise that, if he or she were not a member of the National
Assembly, would cause that member to be disqualified for election under this Constitution or any other
Act of Parliament; or
(f)
if the National Assembly declares a member’s seat vacant in accordance with such
Standing Orders as may permit or prescribe the removal of a member for good and sufficient reason
provided that they accord with the principles of natural justice.
(2) The Speaker of the National Assembly shall give notice in the Gazette in the event that the
seat of any member of the Assembly shall become vacant under this section:
Provided that—
(a)
Parliament shall make provision for holding by-elections to fill any vacancy that shall
occur;
31 of 1994(b) any by-election to fill a vacancy that occurs shall be held within sixty days after
the seat of the member becomes vacant or, if in the opinion of the Speaker the circumstances do not so
admit, then as expeditiously as possible after the expiry of that period; and
(c)
any member elected at a by-election shall serve until such time as his or her seat
becomes vacant in accordance with subsection (1).