THE Lusaka High Court has ordered opposition United Party for National Development (UPND) not to expel Solwezi central Member of Parliament (MP) Dawson Kafwaya from the party.
Judge Annie Sitali restrained UPND secretary general Steven Katoka whether by himself or by his servants or agents or any of them or otherwise from expelling Mr Kafwaya from UPND and from interfering with the rights and privileges he is enjoying as member of UPND pending the determination of the matter.
Mr Kafwaya who is North Western province deputy minister has sought an injunction order to restrain his party from expelling him after he accepted a ministerial position from President Edgar Lungu.
Ms Justice Sitali said that an injunction is necessary to protect Mr Kafwaya from expulsion from his political party pending the determination of the matter.
She said disciplinary action had been taken against Mr Kafwaya by his party for accepting an appointment as provincial minister made by the republican president but given the lofty status the constitution holds in society, its provisions must be given due regard by all members of society including political parties.
Ms Justice Sitali said that the disciplinary action allegedly taken against a member of a political party for obeying any constitutional provision must be properly interrogated.
She however, said that the defence by Mr Kafwaya that he has a legal duty as a member of the national assembly to accept an appointment from the president is a matter not to be determined at this stage but during the main hearing.
Join PF!!! Kwasila
The issue the court will have to address is;-Can a politician serve two Masters and remain royal to both? Never; for either he will hate the one and love the other; or else he will hold to one, and despise the other (The principle in Mathew 6. 24) You can not serve PF and UPND at the same time. For instance, which party should he campaign for in the forthcoming bye elections in NW Province. If he campaigns for the party in government (PF) he will have to injure his party (UPND), if he campaigns for UPND he will be fired. There no coalition of parties here, he is in parliament because of UPND; that must be respected. The injunction is buying time. The Constitution of Zambia also declares Zambia as a christian nation; if that is to be true, then let principle laid out in Mathew 6 vs 24 be…
Kafwaya is a hypocrite who cannot support opposition party views; he is in parliament to earn a living and not to represent the poor people of Solwezi Central.The UPND should ensure that he is booted out of the party.
Kawafya is just a fortunate quack to be MP. He won because he stood on UPND ticket in Solwezi central. Anyway what do you expect from Ward Councillor material like him.
Why cling onto the party membership if UPND does not want you. It’s clear that you have opted to side with your paymaster Jamasoni Lungu and PF. Join them
And what will you say about that fat sack that has accepted to be VEEP in your lousy party? Swine!
He Is welcome to PF if he wants.
We in PF are more and ready to welcome him. Make the move but not now as your services are needed in the government. It would not be well if you joined PF now as what GBM did was unwise.Mr Minister sir…You are welcome to PF.
very soon even adulterous couples will refuse to be protected by the LAW not leave their spouses and will keep on “enjoying” their rights with someone out there. I wish the courts would also use logic to decide on some these cases. The guy is campaigning for the other team (in the Solwezi West Bye-Election) and you say he should still remain as a team member of Club Z and keep on kuichaila!!!!!!
meant will be be protected by the law and refuse to leave their spouses….
The guy is a leg down. Right now he is de campaigning the part he is clinging to. Courts help ‘Zambia in its democratization process. Kafwaya must just wait for ACC to bounce on him for corruption or theft by servant. ACC help ‘Zambia go rid it of corruption. . Kafwaya the crook must go.
THIS IS WHAT POVERTY CAN DO TO SOME OF THESE QUACKS/MORONS LIKE KAFWAYA.
Kafwaya has no morals not even bad ones.
So is this the man who organised the booing of HE in Solwezi? or he has no control of the province. HE, some of your enemies will eat and drink with you while in the dark they conive to embarrass you. WARNING!
There is nothing wrong for a member of one political party to serve as in minister in another political party, in this case under PF. What is troubling is when the said minister like Moonde, starts to campaign for the ruling and de-campaigning the sponsoring party. That is were all things go wrong.
Zambia is really in deep trouble!
This is State sponsored bribery, supported by a Judiciary that sanctions such corruption!
Does Lungu think he can pay the Opposition to keep quiet? Are his failures so bad he has to resort to this?
Useless President. Useless PF.
He wants to eat,typical of zambian politics.Am least surprised
Zambia is so polarized on petty party lines it is not even funny anymore. What we need more than anything else is the de-politicizing of GOVERNMENT functions, then this phenomenon of service over politics will be clearer. As it stands we are behaving like feuding successors fighting for the absolute crown. Stop it now.
KAFWAYA YOU DON’T THINK. POVERTY. HOW DO YOU GO TO SAME BED WITH LOOTERS? EXPEL HIM.
Hon. Kafwaya is serving the best interest of the people by working with the PF Government. Going by the sentiments put here by the UPND brain washed chaps by HH, you can clearly see that these guys are so petty and jealousy of anyone who demonstrates his actions to serve the people.
You have had MPs in your UPND constituencies, what meaningful development have the same people you cheated to vote for you received? All the development we are seeing is by PF Government without segregation and the so called UPND MPs are just womanizing and drinking beer.
So let the honorable MPs serving as Government servants continue with their work. UPND is full of bitterness, pettiness, jealous, cynicism and hatred. All these traits are that of their devil leader the Satanist, the Mason called HH…
I read the above contributions with sadness and disappointed, there is no sin committed to accept a government appointment. Hon Kafwaya is serving the Zambian government as to the constitution. The President can use his powers to appoint any Member of Parliament for cabinet portfolio. Please take time to read our constitution, as Hon Kafwaya is not a member of PF as a political party.
Can you quote Article of the Constitution which mandate any MP (either from Party in Government or Party in Opposition) to accept Ministerial position?
Tray to read what is written and not what is in your mind.
Let him draw his salary for the last 12 or so months…he is gone and he knows it.
CHIWAMINA GALU KULUMA MBUZI
The Lusaka High court is setting a very bad precedence which is extremely bad for the growth of democracy. It seems the ruling party is more favored than the opposition and this makes wonders whose interest this ruling serves better. UNPD has made it clear it does not want its members to serve in govt, so EL is doing so to cause confusion in the opposition political party. Therefore, the courts must be above board to restrain the president from destabilizing the opposition. But the problem is of course the constitution, which allows the president to appoint them. However, we need proper and acceptable morals to run the affairs of the country. It is not that the president ran out of MPs to appoint or should believe that the PF MPs are so low grade that the president has to fetch from the…
@ The Observer
You say “UNPD has made it clear it does not want its members to serve in govt” then why are you barking everyday if at all your aim is not serve in government? Listen Government is nothing but the people you so desperately plead with to give you a vote.
Abraham Lincoln once said, Government of the people, by the people and for the people. You chaps in UPND like talking too much when in fact you so damn dull like you ka leader and his two vices, shame!
Iwe do not be dull, you must know what is being discussed here, do I need to explain everything in detail? UPND is a political party aspiring to form govt not sponsoring their MPs to serve in PF led govt. For your own information, I do not belong to any political party, I’m just an interested follower of the happenings at home.
I read the above contributions with sadness and disappointed, there is no sin committed to accept a government appointment. Hon Kafwaya is serving the Zambian government as to the constitution. The President can use his powers to appoint any Member of Parliament for cabinet portfolio. Please take time to read our constitution, as Hon Kafwaya is not a member of PF as a political party
Nostradamus is it really you writing this? waiting for Ndobo to disagree with you.
Kafwaya has a shadow constituency now. It is just a matter of time he will be FORMER. When was being sworn in Lungu said ” I will protect you” So the real Judgement is with the people of Solwezi Central not the Court. We are waiting for Parley to be dissolved next year. My good advise to Kafwaya is that let him use properly the allowances is drawing from PF led govt. Time for reckoning is coming. Let him learn from Taima. He would have told him a good story. Thinking is a skill
UPND are not that dumb to expel one for merely accepting a ministerial position. What is on ground is that UPND SG raised concerns over Kafwaya’s conduct. He has been campaigning for PF in the Solwezi West by-elections. He has also been mobilising PF grassroot support. Kafwaya has also stopped making contributions to the Party which all elected MPs do and I’m sure his contribution is going to his adopted party, PF. Kafwaya was served with a letter to show cause why he should not be expelled from the Party but he instead rushed to court. UPND doesn’t want to expel Kafwaya because he accepted an appointment, NO. They want to expel him because he has been destabilising UPND structures in his constituency. You can work in govt as a Minister from opposition and still be loyal to your party…
Well said the Chosen One…now go tell that to these dullards yapping on this site! Hope they pick some sense!
The courts must challenge the constitutionality of a president appointing ministers from the opposition. This practice is being abused by an incumbent president to destabilise and weaken the opposition. It must stop in the interest of fostering a thriving democracy. How can an MP serve in a government he is opposed to? How can he be effective in articulating the sponsoring party’s manifesto and at the same time appease the appointing authority? As one blogger has pointed out, one cannot serve two masters at the same time. When a president appoints an MP from the opposition, a conflict of interest arises and in my view such MP should be deemed to have crossed the floor. This will help to the curb the politics of poverty currently rampant in this a poor nation!
The boy Kafwaya is only 30yrs old ,he was so luck to have won solwezi central at that tender age.He had a bright future in UPND just for love of quick money he has messed himself. He future in politics is gone. He should have behaved like Cornelius Mweetwa who is steady next year he will be a fulltime cabinet minister for 5yrs to come. Lack of wisdom makes someone perish.
Nonsense! Kafwaya made a well calculated move as Deputy Minister, Our HH has never saved in government not even as a Councilor. Mweetwa the well known womanizer cannot be equated to kafwaya he wil grow old as an MP for Choma central and forget about him becoming a Cabinet minister!
I thought wisdom comes with age, but unfortunatley for Sido Mark, it’s the opposite. Everyday that passess you get very dull! You have never made sense apart from venting your anger on LT.
Kafwaya thinks with the stomach not with the brains. The boy will be finished like Tissue paper come 2016. PUFU are already gone. Let him resign , Why hold on to UPND when you are PF kaili?
The entire NWP is ripe for UPND. Let election be called today we will see who will sweat.
Kafwaya has a guilty conscious and will never set foot in the upnd camp. He is busy planning and campagning against his own party and the court sees this as normal..yaba!
This is a typical case of the president having limitless powers. This poor judge was appointed by the president and therefore cannot make a decision that will make the appointing authority unhappy! In the new constitution it should be enshrined that sensitive positions such as judges must not be appointed by the president (politicians) but by independent committees. The judge knew what she was supposed to do but she is a coward who can’t bite the finger that feeds her!
You are very dull Kaputo Davies, this has nothing to do with the appointing authority! Blame it on your constitution iwe.
I believe that true politicians serve both the party’s interests as well as those of the nation. Not all people who go to polling stations belong to any party, but they do so because they are citizens of the DEMOCRATIC Zambia. Which means some vote for a party, if they belong to one, while some for the good of their country.
I believe that any politician who swears to serve the party regardless of its moral standing at the cost of the national interest, is a mean and selfish politician. And the mistake Zambians can do is to entrust such a person with power. A true politician must therefore, place the interest of the country first. I hope that is what Kafwaya is doing. You cannot be tossed around like a kid by a party that never voted for you and ignore the electorates. (Just hope he…
You think this idi0t can reason like you are thinking! To him, he thinks he is very lucky to have been given that ministerial job and it is time to eat in a big way! No morals!
These UPeNd vuvuzelas, you never cease to amaze. Calling for his expulsion thus creating a bye election and in the same breath cry loudest that monies are being wasted on the very bye elections. Ahh guys you are dullards.
Kafwaya is the biggest loser here because in a few months he is no more as UPND will not adopt him. So let him enjoy for a few months before he cries.