Friday, March 29, 2024

GBM accuses Speaker of inconsistency

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GBM flashing the PF symbol on arrival in Solwezi to drum up support for PF Parliamentary candite Newton Malwa on September 10,2014 -Picture by THOMNAS NSAMA
File:GBM flashing the PF symbol on arrival in Solwezi to drum up support for PF Parliamentary candite Newton Malwa on September 10,2014 -Picture by THOMNAS NSAMA

Former Kasama member of Parliament Godfrey Mwamba yesterday told the Lusaka High Court that the decision by the Speaker of the National Assembly to declare his seat vacant has glaring inconsistencies, is contradictory and absolutely unconstitutional.

In his submissions before High Court Judge Florence Lengalenga, Mr Mwamba said he was concerned with the irrational manner with which the Speaker went ahead and declared his seat vacant when the matter was pending before the courts of law.

Mr Mwamba, through his lawyer Ms Martha Mushipe said Dr Matibini acted in total disregard of the judicial proceedings before the courts, despite an earlier injunction not to allow the Patriotic Front to expel him from the party under which he became MP.

“The applicant is trying to show the court the glaring inconsistencies and contradictions made by the second respondant.
“The Speaker clearly and illegally exercised the interpretive functions and further exceeded his own power by exercising judicial functions.
“We therefore submit that the Speaker acted ultra vires on the constitution and further have highlighted cases and decisions and that he did not follow the procedure and as such his decision was procedurally wrong,” he said.

Mr Mwamba, referred to as GBM, said there was a degree of unfairness and discrimination in the manner in which the speaker usurped the powers of the Judiciary more so after his earlier decisions pertaining to two other members of the legislature.

He explained that such an illegal and excessive exercise of power undermined the independent functions of the courts of law and ultimately interfered with the constitutional function under Article 91 (1) of the constitution.

He said the Speaker acted discriminatory against him despite there being 11 other cases with similar backgrounds, but instead took a controversial stance by expelling him from the House.
Mr Mwamba, who is UPND vice president for administration said he was trying to show the court lacunas in the law affecting eleven other parliamentary seats affected by similar matters.
“I urge the court to take judicial review of the fact that 11 parliamentary seats have been affected by the lacunas in the law and serious constitutional issues arising therefrom,” he said.
The applicant filed accompanying affidavits to further claim for damages for loss of emoluments and privileges and costs as a result of the action taken by the Dr Matibini.

[Daily Nation]

8 COMMENTS

  1. Straddling both sides of the aisle is hard for anyone, never mind a man of your unique stature… Oh. I went too far, didn’t I? Withdrawn.

    (shamefully bowing my head)

    • Interesting submissions. Whichever way this case goes, there shall be casualties; but the precedence that will be set shall be most valuable for the future in the likely event that the proposed new constitution fails to see the light of day, which clearly would have removed such confusion.

  2. Mr Mwamba, said the Speaker acted in total disregard of the judicial proceedings which were already before the courts, an injunction NOT TO ALLOW the PF to expel him from the party UNDER W H I C H (party) HE BECAME MP!

    Did the PF expel him? NO, he expelled himself. So what is the issue here? Ba Mwamba naimwe?

  3. Gbm is popular and very rich according to his own rating……now y not face the battle on the ground…..wat is the fear…! I guess lubansenshi by-election results should tell gbm something…! Just watching

  4. Why waiting for the court when it is straight foward ,bamwamba you are no longer a pf mp for joining another party .be wise uncle bukuwe tebo.allow us to see your popuraryty that u claim.

  5. GBM naiwe ulimukulu, too clever I thought to lose so much money on legal fees for a hopeless case. Is it a case of more money than brains?
    Let me offer you some free legal advice and save you money. The case that was before the courts of law as the Speaker declared your seat vacant was an injunction not to be expelled from PF. By joining the UPND, you yourself nullified your own injunction and the Speaker’s decision is not in any way ultra vires, the two cases are totally mutually exclusive, if you are able to understand that term seeing that you have difficulties understanding a simple matter like this.
    As for the MPs that have accepted ministerial appointments, they have not stated that they have resigned from UPND, also the constitution allows them to be appointed ministers. In your…

  6. GBM has just come to terms that he blundered to join the tr1bal party. Have you ever seen any comment in his favour from the kachemas? Ukutula bola panshi ba Mwamba, there is no way bakalamba that those people will accept you. Even their seniors, I don’t want to mention them here, they are just laughing at you and making you less kabondo!
    Already some more UPND MPs are about to defect to PF because they don’t trust a Bemba in their midst!

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