By McDonald Chipenzi
TODAY the New Hope MMD has slapped the nominated MMD Member of Parliament, Raphael Mangani Nakacinda with an expulsion from the party.
The New Hope MMD has also promised to inform the Speaker of the National Assembly, Dr Patrick Matibini, over the development in due course.
The decision to inform the Speaker of the National Assembly about Nakacinda’s expulsion is, perhaps, with a view to have his seat declared vacant.
But what does the Constitution say about a nominated MP and his/her vacation from his/her seat in the National Assembly?
Article 72(3) outlines the circumstances a nominated MP loses his/her seat in the National Assembly among them are resignation, disqualification under Art 70, acts contrary to a prescribed code of conduct, ceases to be a citizen, death and above all revocation of the nomination by the President.
From the above circumstances, none is applicable to Nakacinda’s situation and his EXPULSION from the MMD has no EFFECT whatsoever on his seat as a nominated Member of the National Assembly.
Therefore, Nakacinda remains firmly a nominated MP unless the nomination is revoked by the President in accordance with Art 72(3)(f).
This Art guides that “The Office of a Nominated Member of Parliament becomes vacant if the member has the member’s nomination revoked by the President.”
In this regard, the MMD should only demand for the removal of MMD from Nakacinda as reflected on parliamentary handbook and stop him from posing as an MMD MP in Parliament.
Once that is done, Nakacinda will be a party-less cadre until he declares his new allegiances either to PF or any other party his choice.
I submit