THE Supreme Court has allowed an interim injunction to stop the Patriotic Front (PF) from expelling its ‘rebel’ members of Parliament (MPs) until the determination of the main case.
The PF MPs and councillors who are attending the National Constitutional Conference (NCC) had appealed against the High Court’s dismissal of their application for an interim injunction to restrain the PF from expelling them.
Supreme Court Judge Dennis Chirwa sitting with Judges Sandson Silomba and Marvin Mwanamwambwa delivered the judgment in the absence of PF lawyers and officials yesterday.
Judge Chirwa said that when the matter came up in the High Court, the Attorney General joined the case as an intervener in national interest.
He said it was common knowledge that the PF initially did not want to be part of the NCC but after consultations it participated in passing the NCC Act although it later changed its mind and asked its members not to participate.
He said the party decided to expel its MPs who took the matter to the High Court and the Attorney General joined as an intervener.
He said the Supreme Court had considered the High Court’s judgment and submissions from both parties and felt that the matter went beyond what was before the court because the Attorney General brought out serious legal issues.
Mr Justice Chirwa said the court regretted talking about details of the main action but it had no alternative because the issue was on obedience of the law and that the involvement of the Attorney General took the case out of the ordinary consideration of an injunction.
The judge said that the NCC was a constitutional matter that was for Zambians who were living and those to be born.
“The Attorney General’s reasons to join the matter was very important and valid and it is his duty to ensure that laws are obeyed. In fact he should have taken up the matter,” he said.
He said the trial judge misdirected himself and glossed over the issue of public interest because the NCC Act spelt out the membership to the NCC and that all MPs were members of the conference.
He said the argument that it was not mandatory for MPs to be part of the NCC could not stand because MPs were clearly spelt out as members and were bound to obey the law.
He said it was a legal duty to obey the law and the appellants were identifiable as NCC members.
“We dismiss the argument that they have no mandatory duty to go to the NCC. In fact they participated in all the stages of coming up with the NCC,” he said.
He said the trial judge misdirected himself when he said that the consideration of public interest could not be considered at an interim injunction stage because that would mean continuation of breach of the law.
Mr Justice Chirwa said the trial judge misdirected himself when he said that the appellants and the Attorney General had failed to show irreparable injury that they would suffer.
Judge Chirwa said it was a question of obeying the law and there was neither the need to consider injury nor the need to consider balance of convenience when it came to obeying the law.
He said the nature of the case was that the learned trial judge should have allowed the interim injunction to remain until the main action was tried because it involved the obedience or non-obedience of the law.
“We therefore allow this appeal. The interim injunction stands until final determination of the main matter,” he said.
[Times of Zambia]
No bye elections for them,no bye elections for Shakas Kraal and Chibombamilimo either.Fair play
Mwalileka ukulwisha bu number one nomba ?
How did PF put this woman on their ticket in the first place. Those eyes look like she is on drugs. No wonder they are running this case like a drug dealer operation. I mean drag the cases through our slow courts and by the time the case is disposed off, NCC would have concluded and these crooks would have collected their full allowances and it will be 2011, full gratuity guaranteed. Total abuse of our justice system
I just want this case to be thrown out of court.We will waste lots of money on by-elections.Mr Sata lets just wait for 2011 2prove our point,forgive the Rebels
Nizee…………….. The problem here is that, this Guys are going to NCC under PF yet their behaviour is MMD. Even in Parliament and the last elections, they supported MMD. I would hope that they get expelled and stand on MMD ticket the party which they are representing both in paliament and outside
I dont have much to say , how can thye allow these pipo to do this?
This is confusing now
Why should they be expelled? PF was party to the drafting and passing of the NCC bill which required that all MPs be members of the NCC. But in their usual Kabova style, PF decided that its MPs would be exempt to the meaning of ‘all MPs’. Who can take PF seriously? Please……
PF and its Rebel MPs are a pain. The opposition surely can do more than this. There isn’t much time left until 2011. They are stealing their own time and our time too.
When there is confusion in the PF camp, it is RB and friends who laugh last. Sata stay focused please.
The drama continues, this will go on until 2011.
HELLO #5(singerton),The NCC members ought to act in a non-partisan manner.The problem with PF is they always want politics at play even when its serious national business.
I Hope this goes for Chibombamilimo and Shakafunsua as well, Zambia does not belong to MMD alone. hence we are all equal.
LT could you please tell me why YOU put my comments on modertion? Yesterday i condemned corruption,you puyme on moderation.Am I to suppose that you condone corruption? I remain waiting hearing from you LT.
This issue of expelling MPs and triggering costly bye elections should come to an end. In the new constitution they are debating now, crossing the floor should not be allowed to be a bye election trigger, we cannot afford these costly constitutional provisions.
Nice data, but what should happen to the High Court Judge who failed to pass ruling in a better manner?
Haha ha hhhaaaaa!
here comes ‘too hot to handle again’ she is always a Bummer!
Congratulations to all the so called rebel Mps, you are not rebels after all. you did what you thought is best for the nation
BRAVO!
Nkole Wa fimo fimo! I hope you have seen my call- out on the Mulongoti poster story. I await to hear from you.
What ever…
I have learn’t one thing in the few years that i have lived on earth
Staying away from a problem is never a solution, boycotting reduces you
TAKE A LEAF FROM UNIP IN O6
Ba Moze Mudala wanga muli bwa? nikudala!
Does nt she look HOT?Bamayo aba kanshi epo baba, what is she thinking about ,she is HOT
Sharp Shooter, am ok my brother. Just that this blogger who calls himself Nkole Wama fimo fimo has really upset me. I will not rest until he apologises.
Forget about this bootleggers 2011 will sort them out. Let us go ahead and prepare for the next elections. Let us forgive this rebels to save on time and money.
Too bad Mumbi resigned from PF i hope a replacement will be found to continue with the circus at the courts.
#4. Papa J. Like uncle like niece, hence the proof. Number 8 Triple Shu, Tell them, Teeell Them.
Zambia is not yet ready for Democracy. We should just go back to one party state. I can’t see any opposition political party in Zambia apart from PF which is slowing going into extinction. Can someone tell me the whereabouts of Nevers Mumba, Sakwiba Sikota, Edith Nawakwi and Tilyenij “TJ” Kaunda. Are these guys opposition leaders or they are now MMD?
Ba Moze forgive the brother.
Nervas Mumba is now Zambia`s aambassador to Canada. He is a shameless job seaker though there is nothing wrong with being a job seaker.
Lt, any better picture of ba Faustina Sinyangwe? iiyi yachita over mwe or is the the best that she really is? Monga choyofyelako bana.
ChaloChesu, The attack was unwarranted mudala, from nowhere sure! No, he has to apologise. Ine ndamupela umuchinshi, so why should he behave in that manner? Forgive? Teti!
ChaloChesu , I am even scared to look at the same picture,the woman looks like Chinyau
Iwe LT, Change that photo please. Monga badya vo baba!! Shes even depressing me more. Nayenda. Good day all!
Good day fellow bloggers,gone for classes and saty blessed.Ba moze,please forgive Nkole Wa Mpembwa.Sipazayamba kuwama pa blog mukayamba kunkhala na ma foul mood mudala.
Sharp Shooter, dont worry i have spoken to BaMoze, he is going for lunch.
You cant even tell whether she is a crack addict,or an alcoholic,those lips gat a story to tell,Or may be she got bitten by a tsetse fly??????
Just checked in to say hello to my LT family. So far no serious news worth commenting so I’m gone. Be good and enjoy your day everyone. Hasta Lavista.
These rebel mps just make me sick. We dont want them why ukukakatila so? You dont follow party rules,you go.
LT bushe hasta lavista ninsele? Why holding my comment for moderation? Nalaye cipyu.
WHAT SATA DOES SOMETIMES EVEN COMFUSES THE MOST LEARNED.KANSHI UYU MUDALA ABA SHANI IMWEE!
Pipo, biting the hand that feeds you is no good. These chaps (“rebel” MPs) why should they insist on remaining in the party whose stand on certain issues they can’t agree with? Too bad “tuma” legal implication is on their side. If their cheekiness is anything to go by why can’t they resign and face the PF either as independents or on tickets of parties whose principles they agree with. In this case we could see who is who. Not like rightly put by #37 Chewe the same ati: ukukakatila. Even in domestic differences there are limiting lines drawn and if one goes beyond them it results in divorce. What kind?
Mmm but pali nrc. Iyi ni cover the top hammer the base. Ba moze 4get abt nkole fimofimo. Nkole u beta mature as well y grow in reverse?
PF with their problems! awe mwandi!
LT this woman’s face is full of treacherous pixels. Her personal ego seems insurmountable. I can’t help but let this story pass.
Baby c howzit! Drop it like its hot. Hey am out of employment am feeling it. 2day is my 2nd day
Baby c howzit! Drop it like its hot.
Inokai basa mwatalika kunonga naa kusanka ibapati. Akaka, atubelesye imabbala aayaka munzi ikutaamba kutondezya ikutalilemeka a-Internet.
#46 Nkeche! Howzit! Out of employment? what happened?
Nkeche….its too hot to handle! lol
Baby C,you are a wonderfull baby loving you always!
Hi Chewe, the virgin! upwanya liti?
Judge is an MMD stooge. What do you expect in a primtive society
This woman nausiates me.Whats wrong with our courts?
This is healthy for democracy and rule of law.PF must internalize democracy, devolve powers to the party structure and starting acting institutionally instead of this kreptocracy but a confused self centered man man.Let this drag on with internal bleeding and higher legal fees until 2011.Keep them going to courts and in tabloid front pages away from grassroot political structures.MMD must continue reigning until some of us are ready to enter public life.Letting our country slide in the hands of tribal biggots and unstable opportunists would be too costly to reverse.
I agree with #54. PF is too preoccupied with sacrosanct adoration for one and only Sata who is now finished and WILL NEVER RULE ZAMBIA. There is no democracy in PF and that is why whoever does not agree with Sata is dubbed rebel. Wake Up PF cadres, we are in a democracy. As for DEJA #52, you are the chaps reversing this country to the stone age, to you the judge is biased when he gives full effect of the law against your expectations, but a lower judge who makes a decision acceptable to you is not an mmd stooge. My dear, Zambians are not illiterate and will you stop insulting our intelligence. Go mental re-orientation and stop that nonsense of insulting our learned judges!
Right now they may feel like hero’s but whatthey dont foresee is after 2011 because PF will not adopt them as there Mp’s in those area they stood. PF will ask other people who are ready to follow the rule of the party. Life is about rules even in every institution one is obliged to follow certain thing. “If you want to live in water dont quarell with the crocodiles” At the same time one has to stand there to represent what his people have asked him and to speak his mind.If PF wins 2011 where will the rebel MP’s go they might be cadres in MMD. I see them to lack vision. They will remember this. This be saying we made a wrong decision. there were other way to still come up with a new…
PF will not win….They are Poor Finishers.Their tribal aproach will not take them anywhere.USA voted for a black person after your of discrimination for the black minority. PF’s Bemba party will never rule this country
I had gravitated away because there was a blogger who kept pursuing me on my falg. Apparently with LT if you live in Zambia, your flag shows the exact province you are blogging from. So, this guy has been blogging from my same flag always threatening me. But now, I really want to meet the guy and sort out issues. I want him / her to send a blog after me and I want to find out whether he/she is a real Zambian because now that Dora is gone, and Teta has been inidcted by the courts of law to award K 10m to settle legal fees to PF man Mumbi over Teta’s illegal postponements of Mayoral and Chairpersons elections, I want to see which Zambian can still paparaza me, even on LT. LT follow this blog.