ECZ defends Mfuwe by-election, says conviction automatically vacated Mabonga’s seat

The Electoral Commission of Zambia (ECZ) has told the Constitutional Court that the Mfuwe Constituency by-election must proceed as planned, arguing that a vacancy was created by operation of law immediately upon the conviction of Maureen Mabonga.

In an affidavit opposing Mabonga’s legal challenge, ECZ Chief Electoral Officer, Brown Kasaro, stated that the Commission acted within its constitutional and statutory mandate, which compelled it to conduct a by-election within 90 days of a parliamentary seat falling vacant.

“The Commission is guided by the Constitution of Zambia (Amendment) Act No. 2 of 2016, the Electoral Process Act No. 35 of 2016, and other applicable regulations,” Kasaro submitted.

“Once a conviction occurs, a vacancy is deemed to exist, regardless of whether the Member of Parliament is on bail or has lodged an appeal,” he added.

Mabonga, who was elected on the Patriotic Front (PF) ticket, was convicted in early May 2025 of sedition-related offences. On May 19, the Speaker of the National Assembly formally notified the ECZ of the vacancy.

Following that notice, the Commission issued a Statutory Instrument setting July for nominations and August 7, 2025, as polling day.

However, Mabonga had petitioned the Constitutional Court, arguing that her seat should not be declared vacant while her appeal is still pending. She is seeking to halt the by-election until her legal status is definitively resolved.

In response, the ECZ cited the Constitutional Court’s decision in The People v Attorney General (ex parte Nickson Chilangwa), where it was held that a conviction alone is sufficient to render a parliamentary seat vacant, regardless of any subsequent appeal.

“The law does not provide for the suspension of a vacancy merely because an appeal is filed,” Kasaro said.

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