Section 129: Tenure of seat of Member of Parliament

(1) The seat of a Member of Parliament becomes vacant⎯

    (a) on the dissolution of Parliament;

    (b) upon the Member resigning his or her seat by written notice to the President of the

Senate or to the Speaker, as the case may be;

    (c) upon the Member becoming President or a Vice-President;

    (d) upon the Member becoming President of the Senate or Speaker or a member of the

other House;

    (e) if the Member ceases to be qualified for registration as a voter;

    (f) 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;

    (g) if the Member accepts public office or office as a member of a statutory body,

government-controlled entity, provincial or metropolitan council or local authority or

employment as an employee of a statutory body, provincial or metropolitan council or

local authority;

    (h) if the Member was a public officer or a member or employee of a statutory body, a

government-controlled entity, a provincial or metropolitan council or a local authority

on the date he or she was declared as a Member of Parliament, and he or she fails to

relinquish that office, membership or employment within thirty days after that date;

          (i) if the Member is convicted⎯

          (i) in Zimbabwe of an offence of which breach of trust, dishonesty or physical

violence is an essential element; or

          (ii) outside Zimbabwe of conduct which, if committed in Zimbabwe, would be an

offence of which breach of trust, dishonesty or physical violence is an essential

element;

and sentenced to imprisonment for six months or more without the option of a fine or

without the option of any other non-custodial punishment, unless on appeal the

Member’s conviction is set aside or the sentence of imprisonment is reduced to less

than six months or a punishment other than imprisonment is substituted;

    (j) if the Member has been declared insolvent under a law in force in Zimbabwe and has

not been rehabilitated or discharged, or if the Member has made an assignment under

such a law with his or her creditors which has not been rescinded or set aside;

    (k) if the Member has ceased to belong to the political party of which he or she was a

member when elected to Parliament and the political party concerned, by written

notice to the Speaker or the President of the Senate, as the case may be, has declared

that the Member has ceased to belong to it;

    (l) if the Member, not having been a member of a political party when he or she was

elected to Parliament, becomes a member of a political party;

    (m) if the Member is certified to be mentally disordered or intellectually handicapped

under any law in force in Zimbabwe; or

    (n) if the Member has been convicted of an offence under the Electoral Law and has been

declared by the High Court to be disqualified for registration as a voter or from voting

at any election.

(2) A Member referred to in subsection (1)          (i) who has noted an appeal against his or her conviction may continue, until the final determination of the appeal, to exercise his or her functions as a Member and to receive remuneration as a Member, unless a court has ordered that he or she should be detained in prison pending the outcome of the appeal.

(3) A Member of Parliament who becomes a chairperson of a provincial council vacates the seat which he or she held before assuming office as chairperson.

PART 6

LEGISLATIVE AND OTHER P OWERS