High Court Judge Florence Lengalenga has also ruled that Kasama Central Member of Parliament Geoffrey Bwalya Mwamba should be given all his emoluments from the time his seat was declared vacant by the Speaker.
Judge Lengalenga says the Speaker crossed his jurisdiction by declaring the Kasama Central seat vacant.
She has also ordered the state to bear all the legal costs for the Kasama Central lawmaker.
This is in a case in which Mr. Mwamba challenged Dr Matibini’s decision to declare his seat vacant.
In his application, Mr. Mwamba said he already had a pending matter in the courts of law regarding his membership in the Patriotic Front.
He said Dr Matibini’s decision to declare his seat vacant should have come after the outcome of this petition.
Mr. Mwamba contended that Dr Matibini should have properly ruled over the issue of whether his Parliamentary seat was to become vacant after the determination by the Court over his membership.
Mr. Mwamba’s seat was declared vacant on July 28 2015 by Dr Matibini following his decision to join the UPND and his subsequent appointment as vice-president for administration.
And UPND has released the following Statement
High Court Ruling Confirms Speaker Matibini’s Bias
When Hon. Jack Mwiimbu raised a point of order over the bias of the Speaker in the National Assembly a few weeks back, the Speaker responded “Posterity will judge me”. It now looks like we do not have to wait for posterity, the Supreme Court has done just that for us in the case where Geoffrey Bwalya Mwamba (GBM) sought judicial review concerning his expulsion from Parliament.
In July last year when GBM was appointed Vice President for the UPND, the Speaker expelled GBM from Parliament through a point of order on the pretext that he had crossed the floor. What we do not understand is why the Speaker went above the law that regulates the expulsion of Members of Parliament from the National Assembly. There were two cases at the time in which the head of the LEGISLATURE decided to act as judge and legislator, the other involved Hon. Patrick Mucheleka who the Speaker claimed was an innocent by stander in that situation.
Well the birds have come home to roost via a court ruling that is setting the record straight, that an endorsement of another Presidential candidate is not a basis for expelling a sitting Member of Parliament. GBM did not state that he had left PF to join UPND, but rather that he was endorsing HH of the UPND. When Hon. Mwiimbu made that point of order the Speaker denied his assertion, but this court ruling has exonerated Hon. Mwiimbu.
We have observed on several occasions how Speaker Matibini has applied the law and parliamentary procedures selectively to the advantage of the PF. This rests this matter of his perceived bias, which has included UPND MPs wearing PF regalia yet remaining in Parliament even when the party has written to him to expel them. Still posterity has now arrived early for Matibini.