Siamunene and RDA chairperson Simon Mukupa at a really Itezhi Itezhi
yesterday 14-02-2016. ROYD SIBAJENE/ZANIS
Making a ruling on a point of order raised by Choma Central Member of Parliament Cornelius Mweetwa who wanted to know whether Livestock Minister Greyford Monde was in order to be in the house when the Supreme Court had upheld his expulsion from the UPND, Dr. Matibini said Mr. Monde was rightfully in the house because the main issue relating to his expulsion is still pending trial before the High Court.
He explained that the matter Mr. Monde lost in the Supreme Court relates to an interlocutory appeal in which he sought a restrictive injunction against his expulsion from the UPND.
Dr. Matibini further explained that Mr. Monde appealed to the Supreme Court against the High Court ruling in which the lower court refused to grant him a restrictive injunction.
…there is a miss interpretation of law here….by the way….the executive formulate policies…parley formulate laws while courts interpret laws….High court declared Monde duly expelled…and supreme court up holds that decision…all of sudden Speaker is superior over supreme court…
Delaying tactics! The speaker wants this to be academic by ensuring Parliament is dissolved before Monde id kicked from Parliament. Monde stopped being UPND when he started campaigning against his party and was rewarded. The party he ditched accepted and formalised his leaving it. He took it to court because he knew his ministerial appointment could not hold with him out of parliament; and the court said he was duly expelled. The Speaker thinks otherwise. It would have been contempt of court by the Speaker to go against the High court ruling if it was not for his parliamentary immunity.
I am unapologetically in disagreement with the Hon. Speaker Matibini whose ruling on this matter is clearly misconceived. He has fallen into gross error and his ruling is destitute of any legal effect. The mere fact that Greyford Monde is contesting his expulsion from UPND in the High Court does not entitle him a place among our honourable members if, as would appear to be the case, there is no injunctive order restraining parley from expelling him from the house. The Supreme Court’s refusal to grant him a restrictive injunction simply means that Monde’s expulsion from the UPND stands. The Speaker, therefore, has no right sustain Monde’s stay in the house when the party on whose ticket he was so elected has expelled him. Matibini’s ruling is clearly born out of political…
Matibini’s ruling is clearly born out of political considerations and not the law. In the guise of delivering a ruling on the motion, Matibini is, to all intents and purposes, interpreting the law, which is not his function as a Speaker. Since he sits, not as a puisne judge but, as a presiding officer in parley, Matibini must be reminded that he has no right to deliver gratuitous High Court judgments in Parliament. He committed a similar transgression on the occasion when parley was considering the motion to remove former President Rupiah Banda’s immunity. He disobeyed a restraining order basing his disobedience on the tenuous argument that the judiciary cannot interfere in the internal proceedings of the house.
I hope everyone talking about monde negatively will maintain the same stance when the case of gbm reaches this stage.
Ok what is an interlocutory something something? You journalists should be explaining such things to your readers instead of just regurgitating legal jargon and passing it on to your readers. It’s one of the roles of Journalism. Fake journalists!
A preliminary hearing to clarify the matters to be heard in the final hearing.
THAT IS ZAMBIAN JOURNALISM FOR YOU. ANYWAY, FORGET ABOUT LT JOURNALISTS EXPLAINING THE TERMINOLOGY TO YOU. YOU ARE ASKING FOR TOO MUCH FROM THEM. THEY JUST COPY AND PASTE.
“…interlocutory appeal in which he sought a restrictive injunction against his expulsion from the UPND”
IN THIS CASE WHAT IT MEANS IS THAT Mr MONDE WAS APPEALING FOR THE COURT ORDER TO PREVENT UPND FROM EXPELLING HIM FROM THE PARTY BEFORE, MAYBE, THE HIGHER COURT DETERMINES THE CASE. Something like that.
IT’S A PITY THAT OUR JOURNALIST WHO ARE SUPPOSED TO INFORM THE PUBLIC DO NOT ACTUALLY INFORM BUT CONFUSE OR EVEN MISINFORM THE PUBLIC. EVEN HERE IN THE QUEEN’S LAND, WHENEVER THERE’S A TECHNICAL WORD OR JUST ANY WORD WHICH IS NOT OFTEN USED JOURNALISTS DEFINE IT FOR THE READERS. JOURNALISM IN ZAMBIA FINISHED WHEN THE GOODWIN BWALYA MWANGILWA OF THIS WORLD DIED. WHAT WE NOW HAVE IS JUST RUBBISH.
Peter and patriot abroad should be hired by LT. Journalism’s roles include educating the readers but I doubt Zambian journalists can educate anyone. They need education themselves
And what is a really Itezhi tezhi?
You’d think he’d be celebrating being chucked out of UND. you’re saved man!!
This what leaves a sour taste in my mouth when it comes to Zambian Politics ..another example is GBM!!
Comment: indeed the Sgeaker mislead the House and dents his image. I wish there was an independent body to appeal to in parley.
Comment:Closely examined and analysed the Speaker is right; the High Court passed that jugement which prompted Monde to seek injuction to Supreme Court because of this injunction the jugement can only be applied after the injunction has been concluded or disposed off. So now it’s the High Court to apply its decision by informing the Speaker accordingly.
Your recital of the facts is incorrect. Upon his expulsion from UPND, Monde approached the High Court seeking, among other remedies, an order of injunction. The High Court refused to grant him the latter remedy. Following that refusal, he preferred an appeal to the Supreme Court which was recently dismissed. In the result his dismissal by the UPND stands. Nothing can be clearer than that. Given the turn of events, Monde’s continued stay in parley is not supported by law but by political patronage.
Correct me if I’m wrong but wasn’t gbm in the same position when he was expelled from pf, the very same speaker ruled otherwise. Is he allowed to cherry pick when to apply the law?
I thought the court said he was already expelled so he can’t be given an injunction because he was already expelled. LT just be posting the whole judgement so we read for ourselves. Don’t trust the speaker or our so called journalists. Only trust myself. So please do us that favour.
Why is this clown called Monde even fighting his expulsion from UPND when he is a PF member? Look at the picture and you will see Monde’s clenched fist. Is that not the symbol of PF? As for the speaker, he is more of a PF cadre than a Speaker. It is at times like these that one misses Dr. Robinson Nabulyato (MHSRIP), the greatest speaker Zambia has ever seen. Not these spineless “speakers’ appointed after him.