Vacation of office as Member of

Vacation of office as Member of Parliament and dissolution of political party (1) A Member of Parliament shall, except the Speaker and the First Deputy Speaker, vacate the seat in the National Assembly upon a dissolution of Parliament. (2) The office of Member of Parliament becomes vacant if the member— (a) resigns by notice, in writing, to the Speaker; (b) becomes disqualified for election in accordance with Article 70; (c) acts contrary to a prescribed code of conduct; (d) resigns from the political party which sponsored the member for election to the National Assembly; (e) is expelled from the political party which sponsored the member for election to the National Assembly; By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 35 Constitution of Zambia Act, 1991 (Chapter 1) Zambia (f) ceases to be a citizen; (g) having been elected to the National Assembly, as an independent candidate, joins a political party; (h) is disqualified as a result of a decision of the Constitutional Court; or (i) dies. (3) The office of a nominated Member of Parliament becomes vacant if the member— (a) resigns by notice, in writing, to the speaker; (b) is disqualified under Article 70; (c) acts contrary to a prescribed code of conduct; (d) ceases to be a citizen; (e) dies; or (f) has the member’s nomination revoked by the President. (4) 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 by-election 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.