The PF has asked the Lusaka high court to order for the expulsion of Mr Mwamba from parliament alleging that his decision to accept a position in the opposition UPND renders his
seat vacant.
The PF has since challenged Mr Mwamba‘s decision to continue holding a parliamentary seat under the PF when he has accepted the position of vice president for administration under the UPND.
PF Legal counsel Tutwa Ngulube has on behalf of the party asked the Lusaka High Court to grant the PF an injunction restraining Mr Mwamba from holding himself as a PF MP.
Mr Ngulube has submitted before Lusaka High Court judge Annie Sharpe Phiri that Mr Mwamba could not hold dual membership in two political parties.
He said the Zambian constitution has no provision for dual parliamentary membership as a person or MP can only belong to one political party at a time.
And reacting to the decision by Mr Mwamba to cling on to his position as PF Member of Parliament (MP) for Kasama Central following his announcement that he had accepted the position of vice president in the United Party for National Development (UPND), President Edgar Lungu said that the Speaker of the National Assembly Patrick Matibini would adjudicate over the matter following the point of order raised in Parliament on Wednesday on whether Mr Mwamba should continue with his role as PF MP for Kasama Central MP or not.
“But if you ask my opinion, the Constitution is very clear, when you cross the floor you are gone, even a lay man can decipher the words of the Constitution, he has lost it, either he remains PF or he goes to UPND, Kapita did not say I will remain a member of UPND and work with PF, either you have or you don’t,” he said.
[pullquote]“I hear he has been bragging about his money and his arrogance, he says he is arrogant like Mr Sata (the late President Sata) that is why the late was voted in power, I doubt it” President Lungu said[/pullquote]
The President said this at Kenneth Kaunda international Airport (KKIA) before departure for Uganda on a two day state visit.
He also clarified that as a head of State, the Constitution also allows him to appoint MPs from the opposition and other people to help him serve in Government.
The President added that Mr Mwamba was in fact not a member of the PF as he was expelled from the party, which he later contested in the courts of law.
“In the interest of democracy let him go in peace, we need a strong democracy, let him add value to UPND like the way Kapita (Richard Kapita, former UPND vice president) has added value to PF. I wish him the best I hope UPND gets stronger, because Zambia needs a strong opposition seriously.
“I hear he has been bragging about his money and his arrogance, he says he is arrogant like Mr Sata (the late President Sata) that is why the late was voted in power, I doubt it, I don’t think Zambians want rich people for leaders I am not rich, others were not rich, it’s a question of what you are made of and capable of delivering,” he said.
That there is no provision allowing is true, but the question remains, is there provision barring it?
Lungu is delivering nothing to Zambia and whatever he is doing, he is doing it for himself. He is the most selfish and shallow minded President Zambia has ever had.
Leave GBM alone.
He has followed his intuition and is serving his area very well. There is no need for bye election which are subtly being insinuated seeing we are almost 12 months away from presidential elections and you would think it would make sense to oust him then.
The money being wasted on all the impending court dates are all detriment to tax payers and Zambians.
By the way I am starting too dislike Lungu very quickly.
Thanks
BB2014
Double standards eeh?Siavonga,Solwezi and Chirundu MPS are active members of the PF!What has the Speaker done?NOTHING.Now that it affects his rubbish party,so he will act.When will this nonsense ever stop?
Primitive politics continues.
Politicking or is it power struggle to protect very lucrative government jobs.
After all government salaries for the apamamwamba are guaranteed by a continuous flow of tax payers’ money. So sad indeed. Even if productivity is almost negative as in the case of political and diplomatic jobs, salaries, allowances and a lot of fringe benefits continue to flow.
Hence people will do anything to keep these jobs or to try and wrestle jobs from those holding them.
Power struggle at the top while the ordinary voter suffocates and collapses under the dead weight of political opportunism. Meanwhile voter gullibility rules the day. What a journey!!!
Point of correction
GBM and kapita are two different people
Kapita is just an ordinary asshole and Gbm is an Mp.
Mps frm Upnd and Mmd we are talking about not this cheap thief of kapita na mashinsha pa matako
Aleshaday, please go back and read AGAIN what the Zambian constitution says on a member of parliament who joins another political party. I hope UpDn is not like UNZABECA were the president can nominate people from other schools to seat on the executive committee without being students studying Economics
If GBM was asked to serve in VP position and not be a member of the UPND, then he has not crossed over. Just like those UPND and MMD MPs who are even campaigning for PF, GBM is just serving in UPND and not a member yet. I wonder how they will prove his membership in the court of law if he still has his PF membership card!
What about opposition MPs in government? Haven’t they crossed the floor? Let the courts decide, consistently.
PF and Changwa are playing double standards. Why then has PF poached opposition MPs who are still on the opposition ticket? Let the courts throw out their application.
What “poaching” are you talking about? What is wrong with some of you UPND sycophants? Even simple logic has eluded you, the same way elections have!
By appointing opposition members of parliament to ministerial positions does NOT in any way mean that those opposition MPs working for PF as a party. NO, NO, NO!
How many times can people explain this simple fact to you losers before you get it?????
@Yambayamba: as your name suggests, there’s no stability in your reasoning and thinking. Who are those opposition MPs in the PF govt working for when they attend PF Caucuses at State House and vote with PF in Parliament? Don’t lie through your teeth the way Lungu guys does through his buck teeth.
Iwe chi @Buck Teeth Lungu, when did GOVT become a political party for you to say something this shallow and “stupiti”? GOVT is you and I, wechinangwa iwe! All MPs and the entire PF cabinet are simply employees of OURS. So when you say “PF govt”, in your empty head this means YOU, chi @Buck Teeth Lungu, are excused?
Look, whether you decide to be an ACTIVE and CONCERNED citizen, you are still part and parcel of GOVT—that’s why you VOTE! Now I understand why the opposition is all confused in Zambia. You all think you can only “govern” when you win the Presidency—GET EDUCATED YOU BOZO!
By the way, answer this simple question for me: HOW MANY BRANCHES OF GOVT DO WE HAVE? If you didn’t miss your civics classes, your answer should include the LEGISLATURE—MPs, stup!dy!
@ Yambayamba
Firstly, if you refer to other bloggers as “UPND sycophants”, go and suck your corrupt mongoloids idols “third middle” leg.
Secondly, it is true that any opposition MP can be part of GRZ, but, openly campaigning for PF whilst MP for opposition party it is blunt breach of the Constitutional provisos relating to appointment to serve in GRZ.
And before you start usual tirade about “UPND cadres” and filthy language, remember passage in the Holy Scripture: “Eye for………”
Therefore, please keep your tong behind your teeth, or you may found your teeth behind your tong.
Thank you.
Iwe Yambayamab, is campaigning for PF the same as working in Govt? Vincent Mwale was campaign Manager for PF in Eastern Province. Think twice before you support these f.oolish, s.elfish and useless leaders.
Government and party positions are two different things.even a non partisan can save in the government.get wise .Edger have never given any party position to the oposition member of parliament.
Iwe @Aleshaday, if you don’t like the description of you and your ilk, then stop being SYCOPOHANTIC in your attitudes towards UPND. Simple as that!
sycophant:
False idol (HH) worshiper, money grubbing (HH), ass kissing (UPND cadres), dirt bags (Aleshaday) who think they’re better than other people when they’re actually the scum of the earth.
NOW, THAT CAPTURES PERFECTLY WHOYOU ARE AS UPND TROLL THESE BLOGS. IF YOU DON’T LIKE BEING TOLD EXACTLY HOW YOU BEHAVE, THEN IT AIN’T MY PROBLEM. I REALY DON’T GIVE A SH!!!T!
Below are some synonyms you may prefer. Take your pick!
–brown noser
— suck up
–@ss-kisser
–toady
–groupie
— bootlicker
–eunuch
–fan
–flatterer
–yes-man
–loser
–sheep
Stay safe and try NOT to bend out of shape when you are told the…
I always thought Yambayamba was an adult and mature, but seeing his language, it might boy in an adults body. All these insults for what, simply because other people have different views from yours. I thought you people living in the diaspora would view democracy in a different way than those at home. Why not just express you views in a mature way than the language you are using.
@ 2.7 Yambayamba
Thanks about advice. Did you swallow? Nice?
…law is an a*s*s…..this guy GBM has not tendered resignation from PF in writing…those UPND appointments are all verbal which the courts will render as a hearsay…they will ask the PF complainant to show proof that GBM is UPND V/president…which they wont…GBM will tell the court that the appointment, if there is any..is effective the day the current parley shall be dissolved..its all in public domain that GBM is UPND sympathiser and has aligned himself with UPND….GBMs interest here is tax payers money which he and many Zambians consider as a wastage if we had to hold a by-election few months before general elections when you can avoid it….we have no choice with natural causes such as death….so many vultures waiting to pocket something from the by election..
…PF are already a majority in parley…what significance shall the kasama seat have even if PF won or lost the seat now….the only significance shall be taxpayers money flashed down the sewer drain….
…I don’t understand the logic and the reasoning behind those UPND MPs appointed in the govt publicly sharing the same platform with PF during any by-election denouncing UPND and its candidate in favour of PF and its candidate…what is the logical conclusion….despite not having any position in PF as a party… the logical conclusion is that he/she has shifted camp….but in law circles that’s just a hearsay…same with other MPs from other parties supporting rival parties…its just confusion everywhere…..it sacks eeish
He has misconducted himself so it is up to the sponsoring party to make a decision. Case of Harry Mwaanga Nkumbula/Simon Mwansa Kapwepwe vs. Unip. The court ruled in favour of Unip citing that Unip as a party was a club with its own rules to govern and guide membership. It added that membership was not automatic. We as outsiders of PF should just watch. It is not our business.
Yambayamba…
Please try to use good language. It is definitely people like you that can spark physical fights. Your language is highly provocative to those who support HH and UPND. You can still make a point without calling people names and insulting them. In any case, we have more opposition political parties and opposition leaders. Of late Ms Edith Nawakwi has been speaking against PF but you only single out HH. Surely, that is not being fair. And while we all accept that PF and President Lungu are in power, we also know that one day they will leave those positions to others just as UNIP and MMD did.
Scrutinizerer, I take it you are not a lawyer. But I am very sure even you, bwana have heard about the so called verbal agreements. Even then for GBM to stand as an MP he needed a certificate from the PF, indicating that GBM was a member of the PF and that the PF had endorsed GBM to stand as an MP on the PF ticket.
@mwine muzi…
…exactly what point are you trying to drive at….I don’t get your argument clearly…..vis a vis wat I have posted…clarify please…u don’t need to be a lawyer to understand some of these things….
Yambayamba,
You are wasting your time. These UPND guys just can’t get it. Only yesterday, I was trying to explain this same simple fact to some of them at some social event and I ended up as a victim of serious verbal abuse. And these are the guys who claim to be the most educated political party!!!!
You were argued down because UPND supporters are civilized and educated. If you were UPND and arguing with PF kaponyas, you would have been machetes or even shot. Ask your colleague Tribal Chama who knows how these things work!
…and then how do you explain the fact that Hon Mwale MMD minister of sport was campaign manager for PF in Petauke by-election??
What social event was it where you found a group of UPND supporters to whom you were lecturing your words of ‘wisdom’? You remind me of another blogger who claimed he was on a flight from Cape Town to Washington DC and he too claimed he lectured to UPND suppoters on the plane. Laughable stuff!
@Jack Ndoyi: Now tell me what position is “campaign manager” in the PF Constitution? You guys should STOP grabbing at straws, the desperation is simply too plain for all to see!
The law is clear on this one you can’t save two masters,it seems GBM is lost he doesn’t no what he want.
Think again, in truly democratic society, any Mp should have only one master, his constituents and NOT his party leader
And I thought a PICTURE is worth a THOUSAND words!!! Isn’t GBM and his new boss, HH, on camera announcing the fact that GBM is now UPND V/President for fyakuti, fyakuti? So why bother with letters whose authorship and authenticity can easily be disputed when you can introduce something even better as evidence in court—JUST ROLL THE TAPE and there, you have it—INDISPUTABLE IVIDENCE!
KK Airport Cabinet,
Quoting you “Why then has PF poached opposition MPs who are still on the opposition ticket?”…. One cardinal answer to your question as quoted is …”The Constitution allows the head of State to appoint MPs from the opposition and other people to help him serve in Government.” Therefore only the seating Republican President is allowed to appoint MPs from the opposition and other people according to the republican Constitution…and not the other way.
However, you are free to spend money to argue it out in the courts of law, so that if needed, a clause could be allotted in the new Constitution. (My opinion statement)
May this case be dragged through the court system until 2016 general election are with us. PFools deserve their bad karma to bounce back on them.
Guys, i am tired of living in Zambia. This is a great country. But there is too much politics at the expense of development. Ruling party is not serious at all,country suffering but bloated cabinet for example, opposition is extremely fragmented for a country with such a small population. Extremely fragmented opposition – UPND,MMD,FDD,Rainbow,Dan Pule ministries,Sondashi Formula etc, just too many for what Guys. Then you loose elections and quickly say PF has rigged
mark Zulu you are free to leave the country any time you feel like. I take it you already have a passport.
viva GBM and UPND.The Pf is trying by all means to bring war between the bembas and the tongas creating an impression that bembas and tongas can never work together.This is a very wrong impression ,we as tongas will work with the bembas cause we are all suffering.Viva Tongas and bembas working relationship.
I think Lungu is either playing plain stupidity or he is truly a lunatic. What GBM has done is actually more more logical because he can still go to parliament and vote with the PF. However, with the MPs PF is appointing to cabinet from the opposition, the doctrine of collective government responsibility bars them from voting against the government! Imagine Kaingu or Lubinda voting against a government motion in parliament, that will be the day they kiss bye bye to their portfolios! So, aChagwa Jamesoni, mwa lakwa nditu.
No you UpDn psychopath, WE do not want the great bag of maize(yes that is the name you UpDn zeolots gave gbm) in our part. WE WANT HIM OUT LIKE YESTERDAY
The High court should play a fair game on this matter. PF started this trend themselves by using oppostion MPs in their party activities, we have been seing MPs like Siamunene, Moonde, Njeulu, Kafwaya, Mwale, kaingu and many more others dishing out PF Chitenges openly. Is campaining for PF in by_ elections and dishing out PF Chitenges a Government work ? PF should stop baby craying on something they started themselves. Ala Chiwamile Galu kuluma Mbuzi not Mbuzi kuluma Galu . We understand the pain that PF is feeling but they have to be realistic.
Levy did the same to Mr Sata and same high court accepted an injunction not to expel the rebel MPs who actually completed their term relying on that unfair injunction.
The Constitution is very clear. Mr GBM is gone and cruising towards extinction . Dinosaurs always become extinct through natural Selection. Just as the UPND is desperately trying to cling to dear life when the writing is very clear on the wall – Archives and extinction, so will this big Mass of Political joke be no more in a few weeks.
This big mass of puffed up ego in alliance with another puffed up ego who think riches are what it takes to enter Plot one are surely cruising to Archives and extinction , no matter what last kicks they put up . Come 2016 it will be Curtains.
Please discuss issues, not individuals. Note that a simple argument consists of an issue, a conclusion, and reason(s). Reasons must support someone’s conclusion for an argument to be worthy. Insults and name calling are not parts of an argument.
He has misconducted himself so it is up to the sponsoring party to make a decision. Case of Harry Mwaanga Nkumbula/Simon Mwansa Kapwepwe vs. Unip. The court ruled in favour of Unip citing that Unip as a party was a club with its own rules to govern and guide membership. It added that membership was not automatic. We as outsiders of PF should just watch. It is not our business. Our comments will not influence matters. By the way why are Upnd bloggers insisting that GBM remain PF?
I’m no member of any party…I don’t think UPND members are insisting GBM to remain PF…They all know GBM is UPND sympathiser…. all what sensible bloggers are against is anything which will bring about a by-election period….
..@kakhs..
…a by election cost us about K6.2m(K6.2 billion old currency)…have you been to UTH of late…visit female surgical ward and see if you will still have this stance of… ‘..I don’t care attitude..’..we have less than ten moths to general elections…wr we can avoid by election lets do so with passion….please i’m on my knees
@11.1 Scrutinizerer. I personally suggested to the Constitution Review Committee that if an MP crosses over to another party the runner up should automatically become the area MP and I was jeered. Unfortunately my dear Democracy is not cheap. That is why KK did not support this type of democracy
@kahks…
…I’m glad we are somehow on da same page….bro…that was a brilliant suggestion if it can only apply or exclusive to MPs…resigning and crossing over…
…not to cover natural causes like deaths or insanity…bcos I don’t trust politicians…. can do anything just to get the seat…can even kill the incumbent….or bewitch the incumbent to go mad if there is such a thing……or set him up for a crime..(….like set him up with an underage girl..)…for him to get locked up….
Why are you talking about ancient cases when in a recent case the court ruled against the UPND where their MPs are openly working with PF but the court denied them the right to expel them. Our country will never develop with this kind of cadre mentality. if something is wrong its wrong don’t hide behind powers of the president or loop holes in our constitution. That’s why the same characters don’t want a new constitution so they can take advantage of the flaws in the current one.
@14.4 ?Scrutinizerer: Ha ha ! I am thinking GBM has been bewitched. He has been changing postions like a yo-yo and ranting like a man in a night mare
The caliber of people we have in this country awe its embarrassing!!! someone is doing the same thing but takes his friend to court. Have these people been to school? The UPND went to court that the MPs serving with PF are no longer their members because they are working with PF without the party’s agreement the court threw out the request so how can the same court say its wrong in this case?
You assumptions would make MPs think twice before indulging in anything.
Hahahaha. ba edger na balungusha zooooona zoooooona.zambia ilebwe lela mwa kaunda muku tantamina ubunga na sarad mulefusha tissue mule cefya ifyakulya
PF is entangled info their own Web. Let’s wait and see how they will come out of it. It was nice and funny using the MPs from the opposition now it’s their time to dance. Its called Check mate. Your move please.
More popcorn!!!!!!
What does Guy Scott say to all this?
@14.5?Mwe bantu : I am not a lawyer but those conversant with law will remind you that old case are referred to very regularly to current issues. Unless you have never been in court you will not agree with me.
Ba UNPD u can twist things o u want. u can connect unconnected issues. but GBM chapwa. he will be kicked out of parliament now. And we will c if he will win it back next year.
PF Legal fimofimo why cant you do the same to Siamunene and Monde. Those two are even attending cabinet meetings and you don’t see anything wrong with that. Now that UPND has done what you have been doing to them, it has become criminal.
And who says polygamy is bad polical polygamy can be good at times and we can save money unlike