By Esther Chisola
Kawambwa member of parliament Nickson Chilangwa has appealed his conviction and five year jail term which was slapped on him after he was convicted of malicious damage on Monday.
But Speaker of the National Assembly Nelly Mutti has declared the Kawambwa parliamentary seat vacant following the sentencing of Chilangwa to five years imprisonment for malicious damage.
The Speaker also suspended Lunte member of Parliament Mutotwe Kafwaya from Parliament for seven days after she got angry when he asked her how the UPND member of parliament who raised the point of order knew that she had a detailed ruling.
In an interview with Daily Revelation yesterday, lawyer representing Chilangwa Boniface Chiwala said his client filed the appeal this morning.
“Yes, he has appealed his conviction and sentence. We filed for the appeal this morning,” he said.
On Monday, Kawambwa Magistrates Court sentenced Chilangwa to five years’ imprisonment with hard labour for malicious damage to property.
Kawambwa resident magistrate Martin Namushi also convicted and committed Chitotela to the High Court for sentencing after finding him guilty of arson.
Magistrate Namushi committed Chitotela to the High Court for sentencing because arson attracts a 10-year minimum sentence, which is beyond his jurisdiction.
Chilangwa and Chitotela were jointly charged with Chabu Chitotela, Kalumba Chifumbe, Davy Kaniki and Chibwe Musantu for arson, threatening violence, malicious damage to property, and four counts of assault.
Chilangwa and his accomplices during the August 12, 2021 general elections while acting together assaulted four UPND members, damaged the windscreen of their vehicle, a Mahindra, before setting it ablaze and threatened violence against them.
And Mutti said Chilangwa’s seat fell vacant as soon as he was imprisoned for malicious damage.
She said once a member of parliament was convicted and sentenced for an offence, such a member ceased to hold office as an MP.
Mutti was responding to a point of order by Luena member of parliament Mubita Anakoka concerning the status of Pambashe member of parliament Ronald Chitotela and Chilangwa.
Mutti said in the judgement of the court, it was found that Chilangwa was guilty of malicious damage to property contrary to section 335 of the penal code chapter 87 of the laws of Zambia and sentenced him to five years imprisonment with hard labour.
She said the court further found Chitotela guilty of arson and committed him to the hight court for sentencing.
“Article 722b of the constitution provides for a seat in the National Assembly to fall vacant when an MP is serving a prison sentence.The offices of MP becomes vacant if a member becomes disqualified for elections in accordance with article 70. I will refer to Article 72F which states that a person is disqualified from being elected as MP, if that person is serving a sentence of imprisonment for an offence under a written law,” she said.
Mutti said Chitotela’s fate would be known once the court passed his judgement.
“However, with regards to Chitotela MP, since he’s not yet sentenced, by the High Court, he remains MP untill such time, when he shall be sentenced. The procedure to be followed once a seat falls vacant is provided for in 728, and it states that where a vacancy occurs, the Speaker shall within seven days of occurrence, inform the Electoral Commission of Zambia in writing,” she said.
After the ruling, Nkana member of Parliament Binwell Mpundu raised a point of order questioning if the Speaker had taken notice of the window period for appeal.
“Madam Speaker, the standard practice of the house and the constitution, there is always a period provided for appeal. Has this house taken notice that there is that time frame for appeal in this matter? For which the window is still available for appeal, I seek your indulgence,” he asked.
But Mutti said the the point of order did not qualify since the ruling had been delivered.
“Honourable Member that point of order you are raising on the presiding officer so it does not qualify, the ruling has been delivered. The law is very clear, where an MP is challenging the election and he is being challenged and he loses the case that’s where the member is given an opportunity to fully exorcist the process,” she said.
Meanwhile, Mutti suspended Kafwaya when he raised a point of order wondering how Anakoka knew that the Speaker had a ruling of Chilangwa’s case.
“Madam speaker when I rise here as I have done now, for a point of order, there is no way I can know the ruling which you already have. That MP rose on a point of order, for which you have a detailed ruling madam Speaker, how did he know that you have that ruling? I seek your serious rulling on this matter,” he said.
But Mutti found that Kafwaya’s behavior was grossly disorderly and suspended him for seven days.
“The question is that Kafwaya is suspended for seven sitting days. You will not be allowed to come to the house for the next seven days and in accordance to the decision of this house, you have been suspended from the service of the house for seven days and during the period of the suspension and in accordance with standing order, you will not enter the premises of the assembly. You will not participate in any business or activities of the assembly’s and it’s committee’s including those for which, if any you participate in your capacity as an MP or received the salary or allowance that you are entitled to,” said Mutti.
