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The Constitutional Court has ruled that a parliamentary seat becomes vacant the moment a Member of Parliament is convicted and begins serving a prison sentence, regardless of any subsequent bail granted pending appeal.
The decision clears the way for the Mfuwe by-election scheduled for August 7, 2025, following the conviction and imprisonment of former Patriotic Front (PF) MP Maureen Mabonga on sedition charges.
Delivering the unanimous ruling on behalf of the five-member bench led by Deputy Court President Arnold Shilimi, Justice Mungeni Mulongoti stated that Mabonga’s seat became vacant on May 16, 2025—the day she was convicted and began serving her sentence.
“The admission of bail pending appeal does not reverse the vacancy or restore the parliamentary seat. The vacancy occurs by operation of law once an MP is sentenced and begins serving that sentence,” the court stated.
The court further clarified that even if the conviction is later overturned on appeal, the loss of the parliamentary seat remained unaffected.
Mabonga had petitioned the court for constitutional interpretation of Articles 70(2)(f), 72(2)(b), and 72(8) of the Constitution. She filed the application on July 4, after being granted bail on June 24.
Her challenge followed the Electoral Commission of Zambia’s (ECZ) announcement on May 22 that nominations for the Mfuwe by-election would be held on July 9.
However, the court held that some parts of Mabonga’s application were improperly presented.
Read More: Constitutional court to rule on Mfuwe by-election amid Mabonga seat dispute
It noted that two of the four questions raised were personalized and concerned contentious matters not suitable for resolution through an originating summons.
Citing its previous ruling in Isaac Mwanza v. Attorney General, the court reiterated five guiding principles for initiating matters by originating summons, emphasizing that the questions must be of general application and not arise from individual disputes.
On the central question of whether bail pending appeal reinstates a parliamentary seat, the court reaffirmed its earlier position in Ex Parte Nickson Chilangwa, holding that disqualification is triggered not merely by conviction but by the commencement of a prison term.
“The disqualification does not arise from conviction alone, but from serving a term of imprisonment. Once that begins, the seat is vacated automatically by law,” the court stressed.
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