Constitution of Zambia (Amendment)
(4)
[No. 2 of 2016
A person who causes a vacancy in the National Assembly
due to the reasons specified under clause (2) (a), (b), (c), (d), (g)
and (h) shall not, during the term of that Parliament—
(a) be eligible to contest an election; or
(b) hold public office.
(5) Where a Member of Parliament is expelled as provided in
clause (2) (e), the member shall not lose the seat until the expulsion
is confirmed by a court, except that where the member does not
challenge the expulsion in court and the period prescribed for
challenge lapses, the member shall vacate the seat in the National
Assembly.
(6) Where a court determines that an expulsion of a member,
as provided in clause (2) (e), was not justified, there shall be no byelection for that seat and the member shall opt to—
(a) remain a member of the political party and retain the seat;
or
(b) resign from the political party and retain the seat as an
independent member.
(7) Where a court determines that an expulsion of a member,
as provided in clause (2) (e), was justified, the member shall vacate
the seat in the National Assembly.
(8)
Where a vacancy occurs in the National Assembly, the
Speaker shall, within seven days of the occurrence of the vacancy,
inform the Electoral Commission of the vacancy, in writing, and a
by-election shall be held in accordance with Article 57.
(9) If a political party is dissolved, a Member of Parliament
shall retain the member’s seat as an independent member.
27