Tenure of office of Members

(1) The seat of an Elected Member or a Specially Elected Member of the National Assembly shall become vacant— ( a ) upon dissolution of Parliament; ( b ) if he or she is absent from the sittings of the Assembly for such period and in such circumstances as may be prescribed in the rules of procedure of the Assembly; ( c ) subject to the provisions of subsections (2) to (3) of this section, if any circumstances arise that, if he or she were not a Member of the Assembly, would cause him or her to be disqualified for election thereto; ( d ) in the case of an Elected Member— (i) if he or she was elected to the Assembly as a candidate for a political party, the Member resigns from the political party, or (ii) if he or she was elected to the Assembly as a candidate who is not a member of a political party, the Member becomes a member of a political party: Provided that an Elected Member who immediately before the commencement of this Act has effected a change in accordance with any of the provisions of this paragraph, shall be deemed to have been a candidate for election as a Member and elected to the Assembly in their status as so changed. (2) If circumstances such as are referred to in paragraph ( c ) of the preceding subsection arise in relation to a Member of the Assembly by virtue of the fact that he or she is declared insolvent, adjudged to be of unsound mind, sentenced to death or imprisonment, or convicted of an election offence and it is open to the Member to appeal against the decision (either with the leave of the court or other authority or without such leave), he or she shall forthwith cease to perform his or her functions as a Member of the Assembly but, subject to the next following subsection, he or she shall not vacate his or her seat until the expiration of a period of 30 days thereafter: Provided that the Speaker may, at the request of the Member, from time to time extend that period for further periods of 30 days to enable the Member to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate 150 days shall not be given without the approval of the Assembly signified by resolution. (3) If, on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the Member of the Assembly, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or for any other reason, it ceases to be open to the Member to appeal, he or she shall forthwith vacate his or her seat. (4) If at any time before the Member of the Assembly vacates his or her seat such circumstances as aforesaid cease to exist, his or her seat shall not become vacant by reason of those circumstances, and he or she may resume the performance of his or her functions as a Member of the Assembly. (5) The provisions of subsection (4) shall not apply to subsection 1( d ).