Procedure where a member vacates seat due to resignation or crossing the floor

(1) Where a person resigns from being a member of a political party under the circumstances referred to in section 59(2)(e) of this Constitution, that person shall, within seven days of so resigning, inform the leader in the House of Representatives of the political party as a candidate of which that person was elected, and the leader of the political party shall so notify the Speaker in writing of such resignation. (2) Where a person crosses the floor under the circumstances referred to in section 59(2)(e), the leader in the House of Representatives of the political party as a candidate of which that person was elected shall, within seven days of such crossing of the floor, so notify the Speaker in writing of such member having crossed the floor. (3) Upon receipt of the written notice referred to in subsection (1) or (2), of this section the Speaker shall, if satisfied that the circumstances referred to in section 59(2)(e) exist, make a declaration at the next sitting of the House of Representatives next after receiving the notice that the member has ceased to be a member of the House of Representatives by reason of resignation or crossing the floor, as the case may be. (4) Where the person subject to disqualification under section 59(2)(e) is the Speaker, the leader of the political party in the House of Representatives as a candidate of which the Speaker was elected as a member of the House shall, when acting in accordance with subsection (1) or (2) of this section , notify a person elected by the House in that behalf, and such person may make a declaration in accordance with subsection (3) of this section that the Speaker has ceased to be a member 75 of the House of Representatives by reason of resignation or crossing the floor, as the case may be. (5) Where a declaration has been made under subsection (3) of this section that a person has ceased to be a member of the House of Representatives by reason of resignation or crossing the floor, that person, (a) may, within twenty-one days of the making of the declaration, appeal against the declaration to the Supreme Court, whose decision on the matter shall be final; (b) shall cease to perform his functions as a member of the House but, subject to subsection (6) of this section, shall not vacate his seat until after the determination to his or her appeal by the Supreme Court. (6) If, on the determination of any appeal made under subsection (5)(a), the Supreme Court determines that the person resigned from the political party or crossed the floor, as the case may be, or if the period for entering an appeal under subsection (5)(a) of this section expires before the person enters an appeal, he shall forthwith vacate his seat. (7) Section 59(2)(e) and this Constitution shall apply to all members of the House of Representatives who were such members on or after the 23rd day of February, 2001.