CAN A PERSON BE NOMINATED AS AN MP CONSECUTIVELY FOR MORE THAN ONE TERM BY THE REPUBLICAN PRESIDENT?

By Hon. Imanga Yamunyima CAN A PERSON BE NOMINATED AS AN MP CONSECUTIVELY FOR MORE THAN ONE TERM BY THE REPUBLICAN PRESIDENT? THE ANSWER IS YES! The Constitution of Zambia does not impose a “once-only” rule on presidential nominations to the National Assembly. A person who has previously served as a nominated Member of Parliament […]

By Hon. Imanga Yamunyima

CAN A PERSON BE NOMINATED AS AN MP CONSECUTIVELY FOR MORE THAN ONE TERM BY THE REPUBLICAN PRESIDENT? THE ANSWER IS YES!

The Constitution of Zambia does not impose a “once-only” rule on presidential nominations to the National Assembly. A person who has previously served as a nominated Member of Parliament is not, merely by virtue of that previous nomination, constitutionally barred from being nominated again for a subsequent term.

Article 69(1) provides:

“The President may nominate a person referred to in Article 68(2)(b) where the President considers it necessary to enhance the representation of special interests, skills or gender in the National Assembly.”

The wording of this provision is important. It gives the President the power to nominate “a person” who meets the constitutional requirements. It does not state that an individual may only be nominated once, nor does it state that a person who has previously served as a nominated MP becomes permanently ineligible for nomination

Article 69(2) further provides:

“A person may be nominated as a Member of Parliament if the person qualifies to be elected as such under Article 70.”

Again, the Constitution focuses on the person’s qualification at the time of nomination. It does not establish previous nomination as a ground of disqualification.

The Constitution does, however, expressly provide a restriction in Article 69(3):

“A person who was a candidate for election in the last preceding general election or a subsequent by-election is not eligible to be nominated as a Member of Parliament.”

This is significant. Where the Constitution intends to prohibit nomination in a particular circumstance, it expressly says so. Previous service as a nominated Member of Parliament is not listed as a disqualification.

WHAT DOES THIS MEAN?

A person who was nominated as an MP for one parliamentary term may, in principle, be nominated again for the immediately following parliamentary term. For example, if Person A is nominated by President X during one parliamentary term, and after the next general election the same person remains constitutionally eligible, there is nothing in Article 69 that expressly prevents President X or a subsequent President from nominating that person again.

The Constitution does not say:

– that a person may only be nominated once;
– that a former nominated MP cannot be nominated again;
– that consecutive nomination is prohibited; or
– that a minimum period must pass between nominations.

The important qualifications remain that the individual must meet the constitutional requirements, including Article 70, and must not fall within any applicable constitutional disqualification.

THE WORD “CONSECUTIVELY” IS IMPORTANT

The real question is therefore whether the Constitution prohibits consecutive nomination.

It does not expressly or impliedly do so.

A person does not cease to be eligible simply because they were nominated in the immediately preceding Parliament. The fact that the person has already served as a nominated MP is not, by itself, a constitutional disqualification.

The President’s nomination power must, of course, still be exercised within the constitutional limits governing nominated Members of Parliament.

CONCLUSION

On the face of the constitutional text, a person can be nominated as a Member of Parliament consecutively for more than one term. The Constitution establishes who may be nominated and identifies specific circumstances in which a person is ineligible. It does not establish a “one term only” limitation for nominated Members of Parliament.

Therefore, the relevant constitutional question is not:

“Has this person previously been nominated?”

but:

“Does this person qualify to be nominated under the Constitution for the new parliamentary term?”

Unless the person falls within an express constitutional disqualification, previous or consecutive service as a nominated MP does not, by itself, prevent a further nomination.