by Natasha Sakala on 19 Sep 2019by Natasha Sakala on 19 Sep 2019by Mirriam Chabala on 19 Sep 2019by Mirriam Chabala on 19 Sep 2019
by Sipilisiwe Ncube on 19 Sep 2019by Julia Malunga on 17 Sep 2019by Stuart Lisulo on 17 Sep 2019by Sipilisiwe Ncube on 15 Sep 2019
by Zondiwe Mbewe on 19 Sep 2019by Zondiwe Mbewe on 19 Sep 2019by Zondiwe Mbewe on 18 Sep 2019by Zondiwe Mbewe on 18 Sep 2019
- Goal Diggers
by Mazuba Muleya on 18 Sep 2019by Abraham Kalito on 17 Sep 2019by Abraham Kalito on 13 Sep 2019by Abraham Kalito on 13 Sep 2019
by Diggers Editor on 19 Sep 2019by Diggers Editor on 18 Sep 2019by Diggers Editor on 17 Sep 2019by Diggers Editor on 16 Sep 2019
- Guest Diggers
by Simon Manda, PhD on 16 Sep 2019by Simon Manda, PhD on 7 Sep 2019by pilAto/ Fumba Chama on 7 Sep 2019by Chisoni Mumba, PhD on 17 Aug 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 Diggers Correspondent on 11 Aug 2019by Mukosha Funga on 27 Jul 2019by Mukosha Funga on 21 Jul 2019by Web Master on 27 Jun 2019
You’ll create constitutional crisis if you rule Matibini out of order on Roan seat, Mwansa tells ConCourtBy Zondiwe Mbewe on 21 Aug 2019
Solicitor General Abraham Mwansa has urged the Constitutional Court to dismiss, with costs, the matter in which former Roan PF member of parliament Chishimba Kambwili is challenging Speaker of the National Assembly Dr Patrick Matibini’s decision to declare his seat vacant for alleged floor crossing.
Mwansa has observed that in an event that the court declares the Speaker’s decision illegal, it will entail that Kambwili will remain Roan member of parliament.
He argued that since the newly elected lawmaker Joseph Chishala had already been sworn into office, that would create a Constitutional crisis.
And Mwansa has also argued that Kambwili’s petition is an academic exercise which takes away the precious time of the court to attend to other matters.
Meanwhile, Kambwili’s lawyer Christopher Mundia has urged the court to grant his client the reliefs he’s 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.
However, the court misjoined ECZ from the petition after Kambwili, through his lawyer Jaqueline Lungu, told the Court that he wished to remove it from the matter as it acted within its powers when it called for by-elections to elect a new Roan member of parliament, and was not a necessary party to the proceedings considering the reliefs he was seeking.
When the matter came up for hearing before Constitutional Court judges Hildah Chibomba, Annie Sitali, Mungeni Mulenga, Palan Mulonda and Martin Musaluke, Tuesday, Mundia argued that in declaring that Kambwili crossed the floor, Dr Matibini placed reliance on the case of the Attorney General, MMD Vs Akashambatwa Lewanika and others, which floor crossing referred in the case was pronounced 22 years ago before the provisions of the new Article 72, where floor crossing is not provided for.
“The Speaker of the National Assembly admits that there is a lacuna in so far as the provisions of article 72 of the Constitution where a member of parliament belonging to a political party joins another political party. In declaring that the petitioner crossed the floor, the Speaker placed reliance on the case of the Attorney General, MMD Vs Akashambatwa Mbikusita Lewanika and others 1993 to 1994 ZRA 164. We submit that that particular precedence in so far as floor crossing, has been superseded by the provisions of article 72 and the said envisaged floor crossing does not exist anymore,” he said.
“I further submit that the literal interpretation of article 72 demonstrates that the floor crossing in which the Speaker pronounced himself on, is not provided for in article 72 which article is not illustrative but conclusive. The floor crossing in the Akashambatwa case was pronounced upon 22 years before the provisions of the new article 72 took effect in February 2016.”
Mundia argued that Dr Matibini’s declaration was made in the manner which discriminate other provisions of the law, as such it was his prayer that the relief sought by his client, Kambwili, should be granted.
In response, the Solicitor General urged the court to dismiss the petition with costs, saying Dr Matibini properly exercised his jurisdiction when he declared Kambwili’s Roan seat vacant.
“A motion was raised on the floor of the House and the Speaker was Constitutionally mandated to make a decision on the motion, which decision essentially was a declaration of the Roan seat vacant. We submit that the Speaker properly exercised his jurisdiction,” Mwansa said.
He said he had gone through Article 72 and did not see anywhere where duo membership for a member of parliament was permitted.
Mwansa urged the court to interpret that when a member of the National Assembly elected on a particular political party elects to join another party, they should seize to be members of National Assembly.
“It is our submission that the case of the Attorney General, MMD Vs Akashambatwa Lewanika and others which we have cited in our submissions and also cited by the petitioner is still good law,” he said.
Mwansa further submitted that in an event that the court declared the Speaker’s decision illegal, it would entail that Kambwili would remain Roan member of parliament, together with the newly elected lawmaker, Joseph Chishala, thereby creating an absurdity and a Constitutional crisis.
Mundia, however, argued that Mwansa’s submissions urging the court to dismiss the petition were contradictory on the basis that the same Mwansa was asking the court to pronounce itself on important Constitution issues in the petition which had never been decided before by the Zambian courts.
The court reserved judgment in the matter, to a date to be announced.
About Zondiwe Mbewe
Zondiwe has interest in writing political and current affairs on issues which affect every Zambians.
Email: zondiwe [at] diggers [dot] news
- Tutwa reports Sangwa to LAZ for “professional misconduct” - 19 Sep 2019
- ConCourt sets Sept 27 for ruling on preliminary issues in LAZ Bill 10 case - 19 Sep 2019
- 120 people sue UPPZ leader for fraud over land - 18 Sep 2019
- Miles asks court to reduce child maintenance fee to K1,500 - 18 Sep 2019
- Attempts are being made to curtail my liberty to challenge my dismissal – Mutembo - 18 Sep 2019
- Sit down Mr Findlay (4,194 views)
- Attempts are being made to curtail my liberty to challenge my dismissal - Mutembo (2,867 views)
- IG Kanganja promotes Siame (2,770 views)
- Zesco tariffs to go up by 75%, we also need to revise fuel prices - Minister (2,675 views)
- Zambeef driver commits suicide (1,863 view)
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