Gamariel Mbonimana, who stepped down from his seat in Parliament after his drunk driving record became public, will not be replaced. According to Article 9 of the Organic Law determining the functioning of the Chamber of Deputies of September 8, 2018 a Deputy who ceases to hold office – on grounds including resignation and expulsion from the legislature – is replaced in accordance with the provisions of the Organic Law relating to elections. However, Mbonimana will not be replaced as the remaining period provided by the law does not allow replacement of a lawmaker whose mandate is to end in a period less than one year. Speaking to The New Times, Théogène Munyangeyo, the First Vice President of PL said that the MP will not be replaced because only less than 10 months are remaining before the five-year mandate of current Parliament comes to an end – while the law provides that a replacement is possible when the remaining term of office exceeds one year. Mbonimana entered parliament on the Liberal Party (PL) ticket. The fourth Parliament was sworn into office on September 19, 2018, and runs through 2023 – with its dissolution due early August next year. Replacing an MP The Organic Law governing elections, enacted on July 29, 2019, provided in it Article 94 that in the event a Deputy leaves his or her office, the vacated seat devolves upon the person that was next on the list from which he or she was elected, which person serves the remaining term of office, if it exceeds one year. However, where there is a reason justifying non-compliance with these provisions, the concerned political organisation or coalition of political organisations informs the Commission within five days. Where, for any reason, a Deputy elected under the list of a political organisation or from a coalition of political organisations is no longer exercising his or her duties as a Deputy, the Speaker of the Chamber of Deputies informs the Commission within 10 days for announcement of the names of a Deputy who should replace his or her. The Commission must announce to Rwandans the full names of the substitute Deputy within seven days from the date when the Speaker of the Chamber of Deputies informed it. On Monday morning, Mbonimana confirmed to The New Times that he submitted his resignation to the Speaker of Chamber of Deputies' office on Monday, November 14. On the same day, Parliament announced that the Speaker received a letter of his resignation from his position as a Member of Parliament, and declared that he is no longer its member. In his letter, Mbonimana cited personal reasons for his resignation. However, his stepping down followed President Paul Kagame’s concerns over a lawmaker whose name constantly appeared in police reports for drunk driving and was always let off because he enjoys immunity as a Member of Parliament. Speaking during a gala dinner organised by Unity Club, on Saturday, November 12, Kagame said that a person who has immunity shouldn’t misuse it to endanger his life and the lives of others, referring to the dangers posed by drunk driving which the MP was caught committing by Police, for some six times. It has been confirmed by Police that the MP in question is Mbonimana. “When you have lost the values of a leader, it is good [to resign],” Munyangeyo said as he commented on Mbonimana’s resignation. “Drinking to the point of becoming unconscious as the report suggests, is not appropriate for a human,” he said.
