LUSAKA High Court judge Florence Lengalenga has granted leave for judicial review of the decision by the Speaker of the National Assembly Patrick Matibini to declare the Kasama Central seat held by Geoffrey Mwamba vacant.

According to an application for leave , Mr Mwamba’s lawyers, Mushipe and Associates, argue that the ruling of the speaker would exercise judicial functions by interpreting article 71 2 C in total disregard of the provision of 72 1 A and the cases that are still actively before the High Court.

On July 28, 2015, Speaker of the National Assembly Patrick Matibini declared the Kasama Central seat vacant on account that Mr Mwamba had accepted the position of United Party for National Development vice-president for administration while being a member of the Patriotic Front.

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22 COMMENTS

  1. What an abuse of judicial processes, you mean it is in doubt that GBM lost his seat when he was appointed UPND Veep? First of all, what does the UPND constitution say? You have to be a member of UPND in order to be appointed to any office. This brings out several points:
    1. GBM joined UPND as a full member consciously and willingly
    2. He is therefore no longer a member of PF
    3. If he is not a UPND member then UPND has to answer to its members about breaching their constitution. For the wider Zambian population this raises serious questions about how whether UPND will respect the national constitution if they came to power
    4. For GBM, if he is not a member of UPND then he is not truly and constitutionally a Vice President of UPND. He can be kicked out any time because he is not one of…

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    • @ Terrible on GBM, you are spot on. Sometimes i wonder if at all we have qualified lawyers in Zambia who can compete favourably on the international market.This also reminds me of Mr Kabimba who is allegedly to have lost all the cases he represented the PF then. Therefore, Ms Martha Mushipe the lawyer will prove nothing here apart from chewing GBM legal fees as this is just an academic exercise and a waste of courts time. UPND and HH will never be taken seriously on this one and they have lost this matter already as they have breached their own party constitution and now they want to bring their confusion of emotional analysis to the Zambian republican constitution,however, that won’t work.

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  2. Fear of losing the Kasama central seat ? indeed because it will spell doom for UPND who thought the man will get them the whole of Northern province.They are fully aware of the embarrassment they could suffer if elections went ahead.Kasama is home for PF just like Monze is home for UPND.

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  3. Who said the law is an ass ?
    I’m afraid it’s applicable to some people as well.
    How can you be VP of Upnd if you are no longer a member of PF.
    If you are no longer a member of PF and are in Upnd you have therefore crossed the floor and are no longer an MP.
    QED. .
    ,,,,

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    • I meant how can you be a Upnd VP UNLESS you are no longer a PF member
      Politicians do confuse us indeef

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    • I think you guys are misleading yourselves. Is what you are insinuating in black and white or not. Its not about UPND. Its PF to fire GBM and report the case to Parliament. You are all engrossed about UPND. Follow procedure, then you will get the desired results.

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  4. Fellow Zambians let us open our minds and wake up. We have UPND and MMD MPs serving in the current PF Government. I believe these MPs are members of the parties they belong to with beliefs of Manifestos and principles and people who are opposed and different to these principles and are said to be opposition parties or individuals who can never work with ideals they do not believe in and as such can never be trusted. What is at play on GBM is actually a very trying moment for our politicians who are there to serve their pockets. GBM is not scared of anyone except he wants fairness displayed in our judicial system which is so partisan to the ruling government and unfair in its legal rulings. We us voters are given a good chance to assess good and moral leaders not job seekers. We need the…

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    • The constitution allows the president to appoint any Zambia to serve in government regardless of the political affiliation.
      Those working in government still belong to their parties, they don’t have to cross over.
      As for GBM he has crossed over the parties.
      U really need to get back to civics a little bit.

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    • The argument that the president can appoint ministers from among members of parliament is not vein seen in the light that it held plausible under the one party participatory democracy of the UNIP era a clause which should have been declared redundant at the onset of multi party politics. It’s unfathomable that a president can be allowed to cross party lines when MP’s are sponsored by an individual party. It can’t work in the Zambian setting lets not cheat ourselves! GBM is raising folly of upholding certain legislation that are not practical. This particular clause of the president appointing opposition politicians to cabinet should be struck off as each political party is built on specific policies.

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    • Correction: “is not vein seen”…….read……”is not being seen in the original light”

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  5. Gm you open your mind. Those upnd and mmd mps are not working for pf but the government of zambia. They are saving in the ministries and pf as a part doesn’t have any ministry.

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  6. Wea is gbm popularity….? Y going to court wen he claims he is popular….! Just go back to pf and swallow your pride….!

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    • @Henry Munene:
      Out of ignorance, I know IDI.OTS like you dont like following procedures and laws!!
      GBM is proving a point of law here – obviously you dont have even what is called common sense!! Matibini is just a speaker not emperwered to take judicial decisions which is a preserve of courts and the Speaker abused his position in taking that decision!
      That ugly Ar.se of the speaker broke the constitution so he needs to be kicked out and let the courts decide Mwamba’s case in court NOT in Parliament.

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  7. Good Move. Wachita bwino.

    These guys just want elections instead of working. Look at the dollar, FRA, power crises, etc they are quite but busy clamouring for by elections. Let the Judiciary take their time. This speaker was just too big headed.

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  8. Comment:i wonder wat kind of fools we hav in da high court.nchito’s tribunal z on hold even wen da constitution z clear.the late tetamashimba’s seat waz declared vacant wen he accepted a position upnd.bunch of corrupt judges.

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  9. PROCEDURE, PROCEDURE, I am not a lawyer but I hate to see our laws adamantly butchered by the powers that may be. If a case is in court I hear there’s something they call “contempt of court” when and where is this applicable? How’s work I’d have loved the court to make a ruling. Does it mean now that the first case has been overtaken by events? Is there such a thing? Oh how foolish am I that I should forget that this is Zed where a candidate can be elected by acclamation.

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  10. As usual, great comments out of contest.
    Firstly, the issue of rights or wrongs of GBM membership or PF or UPND is NOT an issue in front of the Court and as such does not need to be interpreted by the Court.
    Secondly, the issue in this particular JR in which Court has been asked to rule is whether Speaker has reached his decision (declaring seat vacant) by following statutory provisions.
    Let us remember, before making “partisan comments, that is the “Job” of the Judiciary to interpret the Law and National Assembly/Parliament to “make laws”. The separation of “powers” between two “arms” of the Government appears that has been infringed By Hon. Speaker and this particular Judicial Review will decide if Hon. Speaker has acted within our without statutory powers in taking this…

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  11. Fat Albert is in trouble. He knows he cannot win the Kasama Central Seat. He is between a rock and a hard place. If he chickens out and allows some one else to contest, he will be seen to be a coward and of no value to the UPND. If he contests and loses he will bring down the UPND even in its traditional strongholds. The man has already annoyed the Northern and Luapula Province tribes of the Bisa, Lala, UShi, Ngumbo, Chishinga, Lunda and many more by calling them insignificant small Tribes. How will this man campaign for UPND in these areas? The only solution is to hide in some Court Processes and delay the Election as much as possible. To be on the safe side i urge the PF to obtain an injuction restraining the man from masquerading as a PF member and using any PF structures in Kasama…

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