(c)
(d)
(e)
(f)
is absent from the National Assembly for (twenty-one) consecutive sitting days
of any session without the leave of the Speaker;
resigns their seat by written notice to the Speaker;
being a member elected in terms of paragraph (b) of subsection (1) of section 65,
ceases to belong to the political party on whose ticket he or she became a
Member of Parliament;
is recalled in accordance with section 67.
(3)
For the avoidance of doubt, a Member of the National Assembly elected in terms of
paragraph (a) of subsection (1) of section 65 does not cease to be a Member solely by
reason of the fact that he or she is no longer a member of the political party to which he
or she belonged at the time of election.
(4)
Any vacancies in the National Assembly must be filled within sixty days of the date
when the seats fell vacant, provided that vacancies arising from members elected in terms
of paragraph (b) of subsection (1) of section 65 must be filled by persons from the same
political relevant parties, from which the persons previously holding the seats belonged.
62.
Right to recall Members of National Assembly
(1)
The electorate of any constituency has the right to recall the Member elected in terms of
section 60 (1) (a) before the expiry of the term of the National Assembly.
(2)
A Member of the National Assembly may be recalled from office on any of the following
grounds(a)
physical or mental incapacity; or
(b)
misconduct or misbehavior; or
(c)
incompetence or persistent deserting of the electorate.
(3)
The recall of a Member must be initiated by a petition in writing signed by at least 60%
of the persons who cast their votes in the election of the Member in question, and must be
delivered to the Independent Electoral Commission.
(4)
On receipt of the petition, the Independent Electoral Commission must conduct an
enquiry and if satisfied with the genuiness of the petition, must declare the seat vacant
and conduct new elections.
63.
Speaker and Deputy Speaker
(1)
There must be a Speaker and a Deputy Speaker of the National Assembly who will be
elected by the National Assembly at its first sitting after the election or whenever a
vacancy for one of these posts has arisen.
(2)
The Chief Justice or a judge designated by the Chief Justice for that purpose, must
preside over the election of a Speaker and Deputy Speaker.
(3)
A person is qualified for election as Speaker if he or she is a Member of the National
Assembly or is qualified to be elected a Member of the National Assembly.
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