Speaker of the National Assembly has reserved ruling on the fate of PF Kasama Central Member of Parliament Geoffrey Bwalya Mwamba in parliament following his appointment as UPND Vice President.
The Speaker has also reserved ruling on a similar point of order regarding the status of UPND members of Parliament serving in the PF Government and have been campaigning for the ruling party during by-elections.
Home Affairs Minister Davies Mwila rose on a point of order seeking the Speaker’s ruling whether it was in order for Mr Mwamba to continue sitting in Parliament when he had resigned to join the UPND.
Mr Mwila said this is especially that the constitution states that if a member of parliament decides to join another political party he immediately loses the seat.
And UPND Monze Central MP Jack Mwiimbu rose on a counter point of order asking the Speaker whether it was in order for the UPND Members of Parliament serving in the PF Government to continue serving as UPND MPs when the previous Speaker of the National Assembly had ruled that any MP who crosses the floor loses his/her seat.
The Speaker has since reserved ruling on the two points of order.
Earlier in the day , Mr Mwamba said that he will not relinquish his Kasama Central parliamentary seat following his move to join the opposition UPND.
Mr. Mwamba told a media briefing in Lusaka this afternoon that for as long as opposition MPs working with the PF government do not quit their parliamentary seats, he will also not relinquish his position.
Mr. Mwamba, popularly known as GBM, said that there a number of UPND and MMD MPs who are currently working with the PF even campaigning for the ruling party and that he sees nothing wrong with him working with the UPND while still remaining a PF MP.
He has since assured Zambians that he will not cause any by-election by quitting as Kasama Central PF MP saying it is tax payers’ money that is wasted in by-election.
ECZ and the Speaker of National Assembly, this case is fait accompli. Start preparations for a bye-election now!
He has resigned from his sponsoring political party to join UPND and taken a political party based appointment in this crossed-over. Its as simple as ABCD.
There is no precedence or legal grounds in the Zambian electoral Act that protects legislatures that do a party-to-Party (P-2-P) cross-over of this kind from expulsion. You cannot be PF when you have dully accepted a political party appointment in UPND. Had he accepted a job in the UPND Government if ever and remain PF, precedence could have protected him.
Some basic education could be helpful for my brother GBM.
Fat Albert’s reasoning is laughable. The UPND members of parliament he is talking about only hold UPND memberships not both PF and UPND. If HH feels his MP’s are leaning with the ruling party, he needs to expel those members.
Fat Albert should resign and contest the seat and let’s see how popular he is.
GBM alefwaya ukulya kubili! Am not surprised at all. Just look at the mans girth!
GBM please, differentiate between accepting a GOVERNMENT POSITION (whose appointing authority is a REPUBLICAN PRESIDENT) to accepting a PARTY POSITION of a different political party.
Does this really need Constitutional lawyers to decipher? By virtue of accepting a position in UPND (and NOT government), GBM, your political allegiance has shifted, hence the automatic forfeiture of the benefits you accrue as MP on the PF ticket.
Constitutionally, Republican Presidents (NOT Party Presidents) are allowed to appoint ministers from MEMBERS OF PARLIAMENT to SERVE IN GOVERNMENT. It doesn’t say s/he can only appoint MPs from her/his own Party. And opposition MPs appointed by President Lungu have not accepted positions in PF, but GOVT!
UBUFONTINI ba GBM naba UPND wenu, yaba!
They campaigned for PF but remained UPND. How can that be? They disowned the party that put them in parliament and do not believe in its ideals any more. How were campaign messages like; ….vote for PF because this and that…..dont vote for UPND because….. You can not have your cake and eat it. Ever heard of the biblical saying, “You can not serve two masters, you will like one and despise the other”. That is biblical and our constitution proclaims Zambia as a Christian Nation. We have somewhere to start from.
Checkmate!
It is clear that an MP who resigns from his party loses a seat in parliament.
I’m wondering if the act to accept a UPND appointment amounts to RESIGNATION from PF in the legal sense.
Vincent Mwale (MMD) was appointed campaign manager for PF just like GBM as been appointed by UPND and he was not asked to vacate the seat.
This looks like a simple issue but it’s a big battle for legal brains. The court needs to rule whether accepting a position in a rival party amounts to resignation from the other party and if that be the case, then Vincent Mwale must step down as well.
The issue of appointing opposition MPs into ministerial positions is totally different and should not be drawn into this discussion.
@ Senior Citizen,
Can you please use your specs when reading. Where it says that he has resign from PF?
As usual, dementia again plays tricks with your dying brain cells.
How long is the list of mps who should not be serving as mps as a result of association with opposing political parties…So GBM and who???
No, this is the new normal. GBM is only serving a Veep for UPND but remains a PF MP. Just like the so many UPND MPs serving as front bench for PF.
I think we are mixing two sets of appointments. The Zambia Presidential appointment to serve in Government and not a political party is made from within MPs and not based on political affiliation. GBM has been given a party appointment by a party president. To me these are two different appointing authorities. Aligning with a political party is not the same as joining that political party. GBM has joined UPND and has been appointed as Vice President of a party. Opposition MPs are serving in the Governent and not in PF party. How can we fail to understand these things. None of the opposition MP has a PF party position. Let’s be objective rather than rhetoric all the time.
If we say the UPND MP’s are serving governement and not PF as a party but then who are they serving when they campaign for the ruling party? it means they have taken a side therefore have chosen the PF party.
Ba Trigo – Non of them has announced that they have crossed over to the other party. Ba Mwiimbu should have just kept quiet.
@Trigo: Please read the Constitution!
There is no constitutional basis for any political party to hound out a member (MPs included) for simply supporting or campaigning for a different party—but that’s NOT what GBM has done here—GBM has accepted a high profile position in UPND!
Masebo campaigned for UPND and it will be almost impossible for PF to LEGALLY run Masebo out of the Party on that basis. And PF knows this. That is why they have gone after her on different charges, INDISCIPLINE, in that she insulted the Party president during the campaigns.
Even UPND will lose the cases pending in court if they insist on expelling their MPs from the party on the basis that they accepted Ministerial positions in the PF govt—the CONSTITUTION is on the MPs’ side!
@ Miya
Agreed, let us forget rhetoric. But, can you also forget “partisanship” and instead concentrate your effort in understanding Constitutional provisions?
Can you answer simple question:
Does the CONVICTED CRIMINAL have right to be sitting MP?
Please, no “embroidery”. Just simple Yes or No.
Thank You.
I wish these guys would raise on a point of order as to why I am in the dark without malaiti since. Lunch time going to 2000h. Now they are busy talking about this one has crossed and that one has crossed. Atase.
Leave GBM alone
From True Pf bambuli imwe
Is jack still a lawyer or is now just a politician. Politics can indeed make people dull. UPND MPs are not holding positions in the PF but in the govt. Just like any other MP they are free to vote as they please. Just a few days ago all MPs including Jack voted with the PF to increase their Salaries. Did it mean the had all joined PF? stop wasting our time, just start preparing for another election mwahwa.
If the UPND MPs in executive have not crossed, why do they campaign for PF in bye-elections? I don’t like GBM, but he has a point here. He has not resigned from PF yet. He is only working with UPND.
FTJ, NOW YOU TALKING, LET THE GAMES BEGIN, IF CARD CARRYING UPND MEMBERS OF PARLIAMENT SERVING IN PF GOVERNMENT CAN OPENLY CAMPAIGN FOR PF,IS IT WRONG FOR A PF MEMBER OF PARLIAMENT TO CAMPAIGN FOR THE OPPOSITION, MR SPEAKER SIR THESE DESERVES YOUR SERIOUS RULING, FAILURE TO WHICH, YOU HAVE TO RESIGN, ASAP.
GBM has no point here and has lost it. There is no law banning a member of one party from campaigning for another party’s member. That is why people like Masebo, Mutati, Nalumanga, Munene and Monde are still in their parties. But buy accepting the position of Veep in UPND GBM has crossed the floor and a by-election looks inevitable unless one candidate goes through unopposed.
It is time us as Zambians stop voting for MPs that are not principled who can be moved from their party beliefs and visions (manifestos). These are the ones causing confusions in our country. We don’t need these leaders who are bent on money making and not development. GBM is merely trying to fix PF who are not looking at national interests first but personal gains. We are fed up with leaders who have no sight/vision. KKs, Mandelas the first politicians left their jobs, families and risked their lives for many of us but the current leaders are busy stealing what belongs to the poor. HH and GBM are not in politics to earn money but are busy spending for the future of this country. Even corruped leaders are being shielded and supported in this country shame!
I thot GBM was EXPELLED from PF, so what is he still doing in Parley?
Both GBM and Masebo shld long have been out of parley. Kanshi what expulsions do u do in Zed? Kick this full out of Parley, now
Wen sam1 s 2 much bragging that s educated this s what happens HH s a fool Wu doesn’t kno between a republican president and opposition party president does opposition party president hv immunity the asa s no that shows au HH and GBM ar dull
This is an interesting one. Personally I’d like to see a situation where political parties don’t hold their MPs hostage.
An MP’s allegiance should be to his constituents first. But all our current MPs would rather parrot a party position even when it hurts their electorates. That’s not being principled.
After all our political parties don’t even have ideologies. They are more a reflection of their all too powerful leaders’ thinking.
Anzathu kumawa say “chiwamila galu kuluma mbuzi”????
That logic does not apply. A government appointment is different from a party appointment. You can not bear executive office in a party to which you do not belong. So, to be UPND vice president implies being a member of UPND, whereas being in the government is a totally different matter. The two are not comparable in the least. Whether a ciizen is allowed to belong to two parties at the same time is a different issue yet to be seen, or on which we can be enlightened by our legal experts, and whether a party has the right to reject a member who actively belongs to another party, I know the emotional sentiments, but I do not know the legal implications.
@Monkey. A government appointment does not entail campaigning for a political party, vuvuzeling and converting members from “your party”.
That is a PARTY FUNCTIONALITY (PF). Pan intended.
Please help me understand my dear bloggers this quotation below!
‘Constitution states that if a member of parliament decides to join another political party he immediately loses the seat…’
My understanding is that since GBM has officially relinquished his PF membership, the above quote then applies to him in this case. Those UPND parliamentarians currently working with the ruling party have not ditched their party but only working with the government ” to better their constituencies…”
So is the above clause from our constitution applicable in both cases??
Thanks!!
Mr. Soko,
GBM has NOT relinquished his PF membership. Furthermore, PF attempt to kick him out of PF are in the Courts of Law which have granted to GBM “stay of execution”.
Think what will happen if Speaker pass ruling which interfere with judicial process? After all, the job of Parliament is to “legislate” and Judiciary is there to “interpret” the Laws.
GBM has lost it & he knows it. He can not win back the Kasama Central seat, he knows it too
Hold your fire UPND for thou know not what thou are doing, and may embarrass yourselves in the end. This is a no-brainer really! If you look at the constitution of UPND (and any other political party in Zambia) you will learn that it says that the Vice President of the party shall be appointed (or elected) from among the Bona fide members of the party. So GBM actually brings baggage to UPND rather than adding value! I will avail this advice to the Speaker tomorrow morning at 09:00 hours so that the matter is settled before further damage is made to UPND and HH.
What beats me is that UPND members and its paid bloggers don’t see and protest this affront on their party constitution, what more if they got into power? Awe kwena HH naikata panshi pali ili ilyashi mwe!
For the speaker to reserve ruling he knows this is not straight forward matter.
Firstly the constitution allows the president to choose from among MPs in parliament regardless of political party to serve as ministers in Government(mark that word) and not to serve in PF activities.
Example,H.E Lungu appointed Vincent Mwale (MMD) to serve as minister to do govt job but H.E Lungu went ahead and apoint Mwale to serve as campaign manager for PF in Malambo by election.That is not a govt duty but PF duty…This therefore means that Mwale has moved his aligience from the part which sponsored him MMD.
Same applies with UPNP MPs serving in Govt as ministers (nothing wrong) but now campaign for PF dispissing the party that sponsored them (everthing wrong),Cant you say these MPs have crossed…
Is the legal arm of the ZAMBIAN government still relevant? Is the Executive still essential or it has riveted to RB and son’s play ground. What makes the legislative arm of government necessary? What I am saying is that ZAMBIA is a failed state until or unless it can be saved by some patriotic ZAMBIANS who are still alive.
If then GBM is now a Bona fide member of UPND, then he cannot retain his seat as MP. On the other hand the UPND MPs serving in government have remained UPND MPs because they have not joined PF at all!
But most UPND members are not happy about this situation of getting
For the speaker to reserve ruling he knows this is not straight forward matter.
Firstly the constitution allows the president to choose from among MPs in parliament regardless of political party to serve as ministers in Government(mark that word) and not to serve in PF activities.
Example,H.E Lungu appointed Vincent Mwale (MMD) to serve as minister to do govt job but H.E Lungu went ahead and apoint Mwale to serve as campaign manager for PF in Malambo by election.That is not a govt duty but PF duty…This therefore means that Mwale has moved his aligience from the part which sponsored him MMD.
Same applies with UPNP MPs serving in Govt as ministers (nothing wrong) but now campaign for PF dispissing the party that sponsored them (everthing wrong),Cant you say these MPs have crossed…
Our politics are maturing. Very soon all the illiterate MPS will be phased out naturally, either by their own lack of understanding or by the constitution. Wait and see. The case of GBM is that you cannot impose yourself on the party. The party must accept you. I am afraid if they (PF) don’t accept him then fresh elections or the so called bye- elections are a must to have a new Kasama MP. Kwasila. There is no way you can claim to be holding on to a party that you are disparaging like the way GBM is doing.
and you are ignoring the MPs who have been imposing themselves on UPND for years now and serve in PF?
GBM Kuyabebele.
The saying goes, ‘what’s good for the goose is good for the gander’. Who is fooling who?
Our constitution allows the republican president to appoint anyone to any position in government. Don’t mix this with party positions. As for campaigning for the ruling party , it is up to the sponsoring party to discipline the erring MP. As for GBM it is straight forward he should make a firm decision on what he wants to be. By the way GBM has been drafted into UpDn so that he can assist with finances as HH is fed up using his cash sponsoring the party.
@ Ndaje Kahks
As usual shooting from the hip?
In your “learned” (sic) opinion, can Hon. Speaker interfere in the matters which are in the Courts of Law?
If you manage to answer that question correctly (which you cannot), you will reach conclusion that your knowledge is rater limited.
@ Terrible on GBM
There is freedom of chosing leaders in all political parties. Remember our beloved republican President Edgar Chagwa Lungu was in the UPND at one time and even lost a parliamentary election to Jeffery Samukonga of the MMD in Chawama. He decided to cross to PF together with Lubinda who was also in UPND and now he is PF president and well received.
This will continue until we have clearly defined laws made by men and women who can think properly.
Imwe ba Chumbu Munshololwa, Opposition MP’s are serving GRZ positions and not PF positions. So there is a difference here . GBM is serving a position in UPND meaning he has automatically crossed floors hence the reason to declare Kasama central vacant.
Are you saying that Opposition MP serving in GRZ and campaigning actively for PF as campaign managers are still serving in GRZ or in PF?
Can you clarify please?
Well Art 71(c) is indeed CLEAR in law – GBM as MP must vacate his seat and a by-election follows within 90 days. UPND as a party have WON a NEW member…but the acts of the UPND deputy ministers campaigning for PF are disciplinary matters within the UPND fulustop! IT HAS NOTHING TO DO WITH THE HOUSE RULES on Parliament Hill. This storm-in-a-tea Cup will pass but the big Picture is clear – wanna kick-out incompetent, thieving pfools then garner as much support as is adequate for a landslide, that is how MMD kicked-out KK’s Unip. BTW which constituency did Matibini initially represent before the members elected him Speaker? Just asking b’cos the whole house could be a farce..
Lets see, if PF expelled GBM and he continued attending parliament, then he was a de facto Independent…now he has joined a NEW Party again Art71 says nada: by-election must follow; now this is the king-pin!
when we say new constitution People think ist just about exaggerated personalised presidential powers but it goes farther than that. HERE Parliament as the highest coust per se must lead. WHY MUST AN INDEPENDENT MP vacate his seat if he joins a Party? Are co-opted Ministers not subject to parliamentary rules? The law allows them governmental functions but NO extra-Party functions should they mistakenly think they are at liberty to please the prezi and campaign for his/her Party. The end game? Parliament can’t judge itself through the Speaker and HE MUST REFER THIS TO THE HIGH…
Please tray to quote as it is written:
Art. 71(2) A member of the National Assembly shall vacate his seat in the Assembly-
(c) in a case of elected member, if he becomes a member of a political party other than the party of which he was an authorized candidate………….
Therefore, until GBM leaves PF for another party, he is MP.
Has GBM left PF?
In so far you are assuming that because he has become VP for administrative affairs of another party, he has “de facto” and “de jure” joined another party?
No, you are wrong in your interpretation. Until PROVEN otherwise in the Court of Law, he is still PF member.
@19.1Aleshaday_ Read my comment again. No where have I said the Hon Speaker must order an election. I have put it to GBM himself to step down. Unless you are telling us that one cannot withdraw a case from court? Please don’t just see my name and conclude that everything I say is pro PF. This is a straight forward case: GBM has resigned from PF but says he will remain MP on PF ticket. Logic is defied here.
“…This is a straight forward case: GBM has resigned from PF but says he will remain MP on PF ticket. Logic is defied here…”
WHEN DID GBM RESIGN FROM PF???????
Use brain instead of feet when you read article.
GBM HAS NOT RESIGN and that is the FACT, no logic but nevertheless FACT.
As to the logic, are you saying that logic cannot be based on facts?
If that is your interpretation, I pity you!!!
I am sure you have again missed the point. 1) No have I used degrading words against you but you have chosen to do so. Simple adage says you can’t eat your cake and have it. I have not said GBM has no choice.
*********
@22.2 Aleshaday: Point taken, but my learned colleague 2 things:
1. is an expelled paying-member a member? PF articles
2. has an MP crossed-the-floor by changing his Party Affiliation here? yebo.
I rest my case! Matibini must go by the House Rules as in Art71(c), the co-opted deputy Ministers MUST resign their govt posts( UPND articles ) and the whole kettle of fish should land at the High Court for guidance and judgement…constitutional law in the real world, not just on paper 🙂
@23.1 Aleshaday
Mr. Mwamba told a media briefing in Lusaka this afternoon that for as long as opposition MPs working with the PF government do not quit their parliamentary seats, he will also not relinquish his position. ONLY IN ZAMBIA CAN SUCH A REASON BE USED TO JUSTFY ANYTHING. JUDGE FOR YOURSELF.
GBM HAS FOUND OUT THAT PF IS A TRIBAL AND DOES NOT WANT TO CLING TO IT. I ASURE ALL ZAMBIANS THAT MOST PEOPLE WHO CLAIM BEMBAS BUT ARE TRIBAL, THEY ARE EITHER, TUBULU LIKE CHAMA, OR ANY OTHER TRIBAL BUT NOT TRUE AND PURE BEMBAS. THEY CANT SPEAK THEIR LANGUAGE BECAUSE THEY CAME FROM SOMEWHERE AND FOUND CHITIMUKULU ALREADY ON THE THRONE AND MADE THEM TO BE TAUGHT GOOD BEMBA WHICH THEY HAVE NOW DISMANTLED INTO…, READ IMILUMBE MUNSHIMI, IMILIMO YA BABEMBA. WE ALL FIND THERE IS TRUE RESPECT OF HUMANITY.
ZAMBEZI TOO, YOU WILL DISCOVER THAT THOSE WHO ARE TRIBAL ARE NOT PURE LUNDAS OR PURE LUVALES. THEY ARE A MIXED TRIBES BORN OUT OF INTERMARRIAGES. THERE IS NO FIGHT IN ZAMBEZI BUT EMPTY VESSELS MAKE THAT NOISE.
http://www.lusakatimes.com/2015/03/05/gbm-expelled-pf/
pass the pop-corn !
Lungu has it correct, the PF is the sitting government and can appoint anyone to do a job for Government and the people of Zambia. What GBM has tried to do is exploit the the notion that PF has appointed others from other party lines. The appointments are civil service appointments not party positions. I am surprised that the learned HH could not see that. Lungu is right and people of Zambia should not be coerced into thinking UPND has a valid point. They don’t. HH and his team have scored an own goal! Lungu push ahead and sort this bizarre issue out. GBM think logically, and ask yourself how you can be a VP for an opposition and expect to remain an MP for the ruling party. It doesnt work! give me a ring and I can may give you some ideas.