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.