Constitutional Court judge Martin Musaluke has dismissed NDC leader Chishimba Kambwili’s application for a stay of execution of the decision by the Speaker of the National Assembly Dr Patrick Matibini to declare his Roan seat vacant.

Judge Musaluke dismissed the application for want of prosecution when neither Kambwili nor his lawyers showed up for hearing of the matter.

Recently, the Lusaka High Court dismissed Kambwili’s application for leave to commence judicial review against the decision of the Speaker of the National Assembly to declare his Roan parliamentary seat vacant, but he immediately filed another application in the Constitutional Court to stay the Speaker’s decision.

Kambwili cited the Attorney General as first respondent and the Electoral Commission of Zambia (ECZ) as second respondent.

The Court had set yesterday, March 19, as date of hearing Kambwili’s application for stay.

However, when the matter came up for hearing before Judge Musaluke, neither Kambwili nor his lawyers were present to argue their application.

Judge Musaluke stated that it appeared to him that Kambwili had abandoned his application even though his lawyers and himself had no courtesy to inform the Court about it.

He, therefore, dismissed the application for want of prosecution with costs to the respondents.

“This is the petitioners’ application for a stay of execution of the Speaker’s decision to declare his seat vacant. At this hearing, neither the petitioner nor his advocates are present to argue the application. It appears to me that the petitioner has abandoned his application for stay of execution even though his advocates and him have had no courtesy to inform the Court about it. The application is forthwith dismissed for want of prosecution with costs to the respondents,” stated Judge Musaluke.