The Lusaka High Court has refused to join movers of the impeachment motion, Gary Nkombo and Chishimba Kambwili, to a case in which some Lusaka residents commenced judicial review proceedings over Parliament’s decision to entertain the motion.
But Nkombo, who is UPND Whip, told News Diggers! in an interview that he and Kambwili would appeal against this decision.
In this matter, Robert Chabinga and Henry Mulenga, who are being represented by Hobday Kabwe and Company, Lewis Mosho of Lewis Nathan Advocates and Kanja Mpundu of Palan and George Advocates, have challenged the Speaker’s decision to entertain the impeachment motion in the Lusaka High Court, arguing that it is unreasonable, procedurally improper and illegal.
The applicants had further argued that the impeachment motion dealt with grounds, which were still determined in the courts of law and was, therefore, sub judice.
Movers of the motion; Nkombo and Kambwili, had asked to join the case on grounds that any decision, which would be arrived at, would affect them.
However, the applicants had asked the Lusaka High Court not to entertain the request for joinder filed by the movers of the motion, saying it was misplaced and did not demonstrate sufficient interest.
And delivering the ruling, Thursday, High Court Justice Annesie Banda-Bobo, refused to join the movers of the motion on grounds that they did not have sufficient interest to warrant them being joined.
Further, the Court said that by seeking impeachment on matters that were before the Constitutional Court, Nkombo and Kambwili were “forum shopping” hence they should not be joined to the judicial review.
But in an interview, Nkombo said they would pursue the matter until the court of final jurisdiction.
“We are studying the ruling and I can confirm to you that we have already moved from that point to the next stage. But the headline story is that, it’s not over until it’s over. The High Court is not the court of final jurisdiction. Let’s assume the High Court is right that the issue of the President (Edgar Lungu) not handing over power is the reason they would not want to join us. The question is, was that the only ground for impeachment? Why did the High Court forget to deal with the other issues? We feel that that there is an error and, therefore, we still have the window to go to the next Court of Appeal,” vowed Nkombo.
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