In a critique of proposed amendments to the electoral laws, National Council MP and Independent Candidate Paulus Mbangu has raised significant constitutional concerns that could affect civil servants across the country.
The Electoral Amendment Bill seeks to broaden the eligibility criteria for the National Assembly elections by allowing remunerated members of the public service, as well as members of the National Council, regional councils, and local authorities, to be nominated as candidates for the National Assembly.
It also seeks to allow public servants who are 55 years of age or older by the election result announcement date to resign or retire to become members of Parliament.
Mbangu is, however, concerned about the clause in the bill that mandates the automatic resignation of remunerated civil servants immediately upon their election as members of the National Assembly.
He says that this could potentially leave elected officials without an income to support their households or pay bills.
"If Lukaezi is a director in any ministry, what this act is saying is that at the time when the result will be announced, Lukaezi will automatically be deemed to resign from public service. This means Lukaezi automatically that moment will become unemployed. The parliamentary list is not automatic; even after the announcement, the party might decide to withdraw the member. When you look at the Constitution, Schedule 4 of our Constitution says, subject to the requirement pertaining to the disqualification of the member of the National Assembly, a political party that qualifies for a seat in terms of paragraphs 2 and 3 shall be free to choose to its discretion which person to nominate as a member of the National Assembly to fill the said seat."