constituteproject.org PDF generated: 26 Sep 2013, 21:48 PART 5 TENURE OF MEMBERS OF PARLIAMENT 128 Oath of Member of Parliament (1) Before a Member of Parliament takes his or her seat in Parliament, the Member must take the oath of a Member of Parliament in the form set out in the Third Schedule. (2) The oath referred to in subsection (1) must be taken before the Clerk of Parliament. 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; (ii) 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; Zimbabwe 2013 Page 54