NDC leader Chishimba Kambwili has petitioned the Constitutional Court for a declaration that his Roan parliamentary seat did not fall vacant as ruled by the Speaker of the National Assembly Dr Patrick Matibini because the latter violated various provisions of the Constitution.
Kambwili who has cited the Attorney General as the respondent in this matter, is further seeking a declaration and order that the Speaker’s ruling is null and void.
Meanwhile, the Electoral Commission of Zambia has announced that the Bahati and Roan constituencies Parliamentary and Local-Government by-elections will be held on April 11, 2019.
Kambwili had told journalists immediately after his seat was declared vacant that he would not contest the decision but in a petition filed in the Constitutional Court, Wednesday, Kambwili explained that he was until February 27, this year, serving his third consecutive term as Roan PF member of parliament.
He added that on the said date, he was made aware of a ruling by the Speaker of the National Assembly, declaring his Roan seat vacant.
Kambwili stated that he came to learn that the reason for the said declaration of the seat as vacant, was on account of his alleged ‘floor crossing’ from being a member of PF to NDC.
“The petitioner equally came to learn through various but verified news reports that the Speaker was of the view that he was offering consultancy services to the said NDC,” read the petition.
“The petitioner is equally aware that even if he had joined the NDC at the material time, a fact denied, the Speaker of the National Assembly acted on provisions in any event that do not provide for alleged floor crossing as provided for by the law in the 2016 amendments of the Constitution of Zambia.”
Kambwili however, stated that he had to date not received any correspondence from the Speaker nor his subordinates in the usual manner of written communication whenever a need for communication had arisen.
He added that since learning of the ruling by the Speaker through various media platforms, he had equally learnt of the impending by-election in Roan Constituency.
Kambwili lamented that his rights as a duly elected member of parliament had been severely infringed on by the Speaker, adding that the said Speaker violated various provisions of the Constitution of Zambia.
He is now praying for a declaration and order that the Speakers ruling dated February 27, is null and void, as well as, a declaration that he did not cross the floor as ruled by the Speaker.
Kambwili further wants a declaration and order that his seat did not fall vacant as ruled by the Speaker, costs and any other remedies the court may deem fit.