CLAIM: A Member of Parliament (MP) is only allowed to miss 21 consecutive sittings, thereafter, half of the House is allowed to vote and declare a seat vacant.
SOURCE: Newzimbabwe.com
VERDICT: Misleading
NewZimbabwe.com, an online publication, on November 6, 2024, in an article headlined, Insiza constituents call for Legislator’s expulsion from Parliament after missing 100 consecutive sittings, claims that once a Member of Parliament (MP) misses 21 consecutive parliamentary sittings, half of the National Assembly members can vote and declare their seat vacant.
The article refers to Insiza North legislator, Farai Taruvinga (ZANU-PF), who is said to have missed over 100 sittings (unverified) since his electoral victory in the August 2023 general elections. According to the article, he last attended Parliament business at his swearing-in ceremony on September, 6 last year.
‘A Member of Parliament (MP) is only allowed to miss 21 consecutive sittings, thereafter, half of the House is allowed to vote and declare a seat vacant,’ reads the NewZimbabwe.com article.
It goes on to state that, ‘Mudenda should have, by now, announced Taruvinga’s exit from Parliament according to the Zimbabwean constitution.’
However, that has not happened yet and Taruvinga remains the Insiza North lawmaker.
It is important to note that the condition for declaring seat vacant is if the MP is absent ‘without leave from the Speaker’. In this case, it is unclear if Taruvinga has leave from the Speaker or not.
Section 129 of the Constitution of Zimbabwe, which deals with the tenure of the seat of a Member of Parliament outlines circumstances under which the seat of the same becomes vacant. Section 129(f) states that, a seat may become vacant ‘if, without leave from the Speaker or the President of the Senate, as the case may be, the Member is absent from the House of which he or she is a member for twenty-one consecutive days on which the House sits, and the House concerned resolves by a vote of at least one-half of its total membership that the seat should become vacant.’
Other conditions under which an MP’s seat can become vacant according to Section 129 of the Constitution
An MP’s seat also becomes vacant on the dissolution of Parliament; upon the Member resigning his or her seat by written notice to the President of the Senate or the Speaker, as the case may be; upon the Member becoming President or a Vice-President; upon the Member becoming President of the Senate or Speaker or a member of the other House; and if the Member ceases to be qualified for registration as a voter, among many other different conditions, stipulated in the Supreme law.
What happens after MPs vote to declare a parliamentary seat vacant?
The Parliament will then move to notify the President and the Zimbabwe Electoral Commission of the vacancy paving the way for by-elections.
Section 39 (1) of the Electoral Act reads: ‘In the event of a vacancy occurring among the constituency members of the National Assembly, otherwise than through a dissolution of Parliament, the Speaker shall notify the President and the Commission of the vacancy, in writing, as soon as possible after he or she becomes aware of it.’
Conclusion
The claim ‘A Member of Parliament (MP) is only allowed to miss 21 consecutive sittings, thereafter, half of the House is allowed to vote and declare a seat vacant,’ has been rated as misleading. While section 129(f) of the Constitution of Zimbabwe clearly states that should a legislator miss 21 successive meetings without leave from the Speaker or President of the Senate, either the National Assembly or the Senate resolves by a vote of at least one-half of its total membership that the seat should become vacant’, in the case of Taruvinga, it is unclear whether he has leave from the Speaker. The vacancy happens if the MP is absent without leave from the Speaker or President of the Senate, and in this case, it’s unclear if Taruvinga has leave or not. Secondly, the expulsion is not automatic after missing 21 consecutive meetings but depends on whether the House resolves to declare the seat vacant or not.
This Fact check was produced with the support of FullFact AI. The AI identifies potential claims for fact checking.
