Former Roan PF member of parliament Chishimba Kambwili has told the Constitutional Court that he wishes to remove the Electoral Commission of Zambia (ECZ) from the matter in which he is challenging Speaker of the National Assembly Dr Patrick Matibini’s decision to declare his seat vacant.
Kambwili says ECZ acted within its powers when it called for by-elections to elect a new Roan member of parliament, adding that the Commission is not a necessary party to the proceedings considering the reliefs he is seeking.
In this matter, Kambwili who is also NDC leader, petitioned the Constitutional Court for a declaration and order that his seat did not fall vacant as ruled by the Speaker of the National Assembly and that he did not cross the floor as ruled, among other reliefs.
He sued the Attorney General and ECZ as first and second respondents respectively.
But in an affidavit in support of summons for an order for misjoinder of party from the proceedings filed on July 16, Kambwili, through his lawyer Jaqueline Lungu, stated that because his interest against ECZ was to stop it from proceeding with the election of a new member of parliament, the same had been overtaken by events.
He added that ECZ performed its functions in accordance to the provisions of the law and as a result of the Speakers declaration.
“The Electoral Commission of Zambia acting within its powers scheduled April 11, 2019 to elect a new member of parliament for Roan Constituency. ECZ did as a result of the Speakers declaration, perform its functions as established by the applicable law and in consideration to the reliefs sought by the petitioner herein, it is not a necessary party to the proceedings,” read the affidavit.
Kambwili further stated that the misjoinder of ECZ from the proceedings would not prejudice the State or defeat the matter in any way.
He added that it was a fit and proper case to order the removal of ECZ as the second respondent.
In April this year, National Democratic Congress (NDC) won its first parliamentary seat in Roan Constituency.
NDC’s Joseph Chishala polled 8,665 beating his closest rival Joel Chibuye of the Patriotic Front who polled 5,533 votes.