by Mirriam Chabala on 19 Oct 2019by Julia Malunga on 18 Oct 2019by Natasha Sakala on 17 Oct 2019by Sipilisiwe Ncube on 17 Oct 2019
by Natasha Sakala on 17 Oct 2019by Natasha Sakala on 15 Oct 2019by Ulande Nkomesha on 15 Oct 2019by Ulande Nkomesha on 13 Oct 2019
by Zondiwe Mbewe on 17 Oct 2019by Zondiwe Mbewe on 16 Oct 2019by Zondiwe Mbewe on 16 Oct 2019by Zondiwe Mbewe on 16 Oct 2019
- Goal Diggers
by Abraham Kalito on 15 Oct 2019by Abraham Kalito on 15 Oct 2019by Abraham Kalito on 8 Oct 2019by Abraham Kalito on 7 Oct 2019
by Diggers Editor on 18 Oct 2019by Diggers Editor on 16 Oct 2019by Diggers Editor on 15 Oct 2019by Diggers Editor on 13 Oct 2019
- Guest Diggers
by Douty Chibamba on 19 Oct 2019by Felicity Kayumba Kalunga on 18 Oct 2019by Patricia Scotland, Commonwealth Secretary-General on 17 Oct 2019by Simon Manda, PhD on 16 Oct 2019
- Editor's Choice
by Diggers Correspondent on 24 May 2019by Diggers Reporter on 4 Mar 2019by Andyford Mayele Banda on 29 Jan 2019by Davies Mwila on 22 Jan 2019
by Felix Kashweka on 4 Oct 2019by Diggers Correspondent on 28 Sep 2019by Douty Chibamba on 25 Sep 2019by Ulande Nkomesha on 24 Sep 2019
High court reserves ruling on Speaker’s refusal to declare Kambwili’s seat vacantBy Zondiwe Mbewe on 20 Dec 2018
The Lusaka High Court has reserved ruling in the matter where PF Secretary General Davies Mwila has applied for judicial review over the refusal by the Speaker of the National Assembly Dr Patrick Matibini to declare Chishimba Kambwili’s Roan Constituency seat, vacant.
In this matter, Mwila had stated in an affidavit in support of application for leave to commence judicial review, that the decision by the Speaker to refuse to declare the Roan Constituency seat vacant, was illegal as it violated Article 72 of the Constitution.
He cited the Attorney General as the respondent, seeking the following reliefs: a declaration that there is no suit on the part of Kambwili for Roan Constituency pending before the High Court to challenge his expulsion; an order of certiorari, removing the decision of the Speaker to declare the Roan seat vacant; and costs.
The grounds on which Mwila is seeking the reliefs are that; the decision of the Speaker to refuse to declare the Roan seat vacant is illegal as it is in contravention of Article 27 of the Constitution and; that the decision of the Speaker to refuse to declare the seat vacant in order to give the Courts latitude to deal with the matters conclusively, is unreasonable and illegal as it amounts to use of discretion that the Speaker does not possess.
When the matter came up yesterday, High Court judge Mwila Kombe said she would deliver her ruling on a date to be advised to the parties.
Earlier during the hearing, the State asked the court to dismiss the application, saying the court had no jurisdiction to hear the Constitutional issues raised by Mwila.
In augmenting the State’s submission, Deputy Clerk of the National Assembly Cecilia Sikatele filed an affidavit in opposition to Mwila’s application.
“There is currently before the Court of Appeal by Hon. Chishimba Kambwili challenging the decision by Judge Maria Kawimbe dated October 25, 2018 pending hearing and subsequent determination,” stated Sikatele.
About Zondiwe Mbewe
Zondiwe has interest in writing political and current affairs on issues which affect every Zambians.
Email: zondiwe [at] diggers [dot] news
- Benny Zulu led us to the crime scene for reconstruction, Cop tells court - 17 Oct 2019
- Italian Hospital, Franciscan Missionary Sisters in land dispute - 16 Oct 2019
- Attempted murder-accused Kaoma UPND chair gets bail - 16 Oct 2019
- Suspected UPND youth applies for habeas corpus - 16 Oct 2019
- LAZ asks ConCourt to dismiss Tutwa’s application to set aside contempt case - 16 Oct 2019
- Police should not wear masks (2,710 views)
- Phiri explains heavy police presence in Lusaka's CBD (2,428 views)
- Benny Zulu led us to the crime scene for reconstruction, Cop tells court (1,723 view)
- Namugala curtails homosexuality debates (1,496 view)
- You're being dared, pull up your socks, Kampyongo tells law enforcement agencies (1,029 view)
- Load shedding: The underlying causes that we are overlooking
- Tough decisions will be made despite close 2021 polls – Lungu
- The Proposed 2019 Constitution Amendment Bill: A Threat to Zambia’s Democracy?
- Police should not wear masks
- SA’s renewed load shedding puts Zesco power import deal at risk – Eskom
Subscribe For News In Email
The News Diggers
Deputy News Editor
Plot No. Lus/9812/649-MC8
off Alex Chola Road
P.O. Box 32147
Telephone or WhatsApp:
diggers [at] diggers [dot] news
editor [at] diggers [dot] news
Send this to a friend