A member resigns by writing to the Speaker. The Speaker accepts the resignation only if satisfied it is voluntary and genuine. The rules describe two scenarios for Speaker to reach such satisfaction. Either, the member may hand over the resignation personally and confirm its voluntariness, or if a resignation is received through any other means, the Speaker may conduct an inquiry. The inquiry may be conducted personally, through the Assembly secretariat or any other agency. Once the Speaker is satisfied, the Secretary publishes the resignation in the Gazette and notifies the ECP to fill the vacancy.
Why it matters for the National Assembly proceedings?
The voluntariness requirement prevents coerced resignations and situations where a member is pressured into resigning from their elected seat. The Speaker’s duty to inquire serves as a buffer between political pressure and the formal act of resignation, which matters in a system where intimidation has historically influenced members’ decisions.
What is in it for citizens?
When you hear reports of a member ‘resigning their seat’, the legal reality is that the resignation has no effect until the Speaker is satisfied of its genuineness. If a member later claims their resignation was not voluntary, the Speaker’s inquiry – and the presence or absence of personal confirmation – is the critical evidentiary question.
Source: Rule 43, Rules of Procedure and Conduct of Business in the National Assembly, 2007
The proceedings of the National Assembly are governed by the Rules of Procedure and Conduct of Business in the National Assembly, 2007. The current rules were passed on 23 February 2007 and have since been amended 21 times, most recently on 22 October 2024.
This post is part of FAFEN’s series on parliamentary literacy. Read more of this series here.
