Constitutional court to rule on Mfuwe by-election amid Mabonga seat dispute

The fate of the much-anticipated Mfuwe Constituency by-election, scheduled for August 7, 2025, now rests with the Constitutional Court, which is expected to deliver judgment on Thursday.

Former Mfuwe Member of Parliament (MP), Maureen Mabonga, is challenging the decision to declare her seat vacant, arguing that her May 16 conviction for seditious practices should not have triggered a by-election, as she was not serving her sentence at the time the Speaker took action.

Mabonga was granted bail pending appeal on June 24—more than a month after her conviction.

During the hearing on Tuesday, Mabonga, represented by lawyer Leon Lemba, argued that the Constitution only mandates a seat be vacated when a Member of Parliament is actively serving a custodial sentence.

He drew comparisons with the case of former Kawambwa lawmaker, Nickson Chilangwa—who lost his seat while in prison—and stressed the difference.

“Conviction alone is not enough; incarceration is the trigger. Mabonga was on bail and should not have been stripped of her mandate by the Speaker or the ECZ,” Lemba argued.

He urged the court to annul the Speaker’s declaration and halt the by-election, describing the Electoral Commission of Zambia’s (ECZ) actions as premature and unlawful.

But Principal State Advocate, Kelvin Chipulu, maintained that the vacancy was lawfully triggered the moment Mabonga was convicted and committed to prison—even if temporarily.

“She lost her seat the day she was committed to prison,” Chipulu said, adding “The vacancy was automatic, as outlined by precedent. There’s no room for interpretation here.”

He cited the Chilangwa ruling to support the view that a seat becomes vacant the moment an MP is convicted and sent to prison, regardless of the duration of incarceration.

Chipulu dismissed Mabonga’s petition as an abuse of court process and urged the court to throw it out with costs.

Echoing the State’s position, ECZ lawyer, Mukunsa Bwalya, defended the Commission’s decision to proceed with preparations for the poll, stating that it acted within legal bounds upon receiving official notification of the vacancy.

Presiding judge, Arnold Shilimi, leading a panel of five, reserved judgment to July 31, assuring an expedited ruling in the politically sensitive case.

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