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A consortium of civil society organisations on good governance and constitutionalism has condemned Members of Parliament it says have crossed the floor and are continuing to illegally occupy parliamentary seats.
The group described the actions as an “ongoing and deliberate violation of the Constitution” in “blatant contravention of Article 72 of the Constitution.”
In a joint statement issued in Lusaka on Wednesday, the consortium also criticised the Speaker of the National Assembly for failing to enforce what it called “clear, mandatory, and non-negotiable constitutional provisions.”
It said the actions and omissions “amount to a direct assault on constitutionalism and present an immediate and dangerous threat to the rule of law in Zambia.”
“Of particular concern is that senior Members of Parliament elected on the Patriotic Front ticket, including former Leader of the Opposition, Brian Mundubile, have aligned themselves with and are seeking sponsorship under the Forum for Democracy and Development (FDD),” the consortium said.
The statement further cited Second Deputy Speaker Moses Moyo, saying he “together with other independent Members, had openly joined the ruling UPND.”
It also alleged that Robert Chabinga, along with several MPs elected on the Patriotic Front ticket, “have publicly aligned themselves with the ruling party.”
“These actions are public, undisputed, and constitute unmistakable instances of crossing the floor within the meaning of the Constitution,” the statement said.
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The consortium said Article 72 “unequivocally provides that a lawmaker shall vacate their seat upon resigning from the political party that sponsored them or upon joining another political party,” adding that the provision “was mandatory” and “admits of no discretion, no selective interpretation, and no political convenience.”
It argued that lawmakers “were not ordinary public officers—they are lawmakers,” adding that “their refusal to vacate office is therefore not an innocent oversight or technical lapse; it is a conscious, deliberate, and calculated act of constitutional defiance.”
“Their continued occupation of parliamentary office after crossing the floor is a betrayal of that oath and a direct act of bad faith against the Republic,” the consortium said.
The group further stated that continued stay in Parliament “amounts to unlawful occupation of constitutional office and an abuse of public trust,” adding that “every sitting day, every vote cast, and every benefit received under such circumstances deepened the illegality and compounds the constitutional injury.”
It accused the Office of the Speaker of “a serious dereliction of constitutional duty,” saying “silence, delay, or selective enforcement in the face of such clear breaches amounts to institutional complicity.”
The consortium said it was “actively considering instituting legal proceedings to seek a declaratory order from the courts that lawmakers who have crossed the floor and continue to sit in the National Assembly are acting in violation of the Constitution.”
It added that it would also seek orders for “the repayment of all emoluments, salaries, allowances, and benefits unlawfully received as was the case with former Ministers,” as well as “an order of the Court that individuals who deliberately breach the Constitution are not fit to hold constitutional office.”
Member organisations include Action Institute for Policy Analysis Center, Advocates For National Development and Democracy, Center for Peace, Research and Advocacy, Center for Protection of Human Rights and Advancement of Democracy, Community Action Against Political Violence, Governance and Development Advocates Zambia, GEARS Initiative Zambia, Hope Affirmation Network Zambia, Ubuntu Royal Homes for Orphans and Disadvantaged, Resilient Youth for Change, Southern African Center for Constructive Resolution of Disputes, Zambia Center of Transparency and Responsive Leadership, and Zambian Civil Liberties Union.
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