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Saturday, August 15, 2020

Speaker was wrong to declare GBM’s seat vacant, High Court rules

Headlines Speaker was wrong to declare GBM's seat vacant, High Court rules

The Lusaka High Court has ruled that Speaker of the National Assembly Dr. Patrick Matibini was wrong to declare the Kasama Central seat vacant.

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.

Charles Kakoma

UPND Spokesperson


  1. The law giveth… On his next court visit will the law taketh away or will it be down to the interpretation of ‘going for the throat’… Zed is never short of drama. Tough day for the over reaching speaker.

    • Thats the quality of leaders you have Zambia. They are serious time wasters and grossly incompetent. Lets kick them out come August.

    • hahahahahahah! GBM! GBM! GBM! GBM!,,,i tell this man is ishimbi, RB and MMD tried and lost, Sata come in, tried and guess what lost too, the man is stil standing todate!!! now you need one thousand Lungus to defeat one GBM!… one lungu achepa sana

    • It’s a difference between two principles.

      We have said time after time – GBM’s heart is with PF. Why can’t he just leave PF like others.

      GBM has one foot in the grave. His heart has never been with UPND. He thought he was punishing Edgar Lungu by going into UPND. Unfortunately his thuggish conducts has now been exposed. And HH is picking up the trash.

      Again GBM has not added value to UPND. He is all Hot Air. A flavour of the day that evaporates. He has brought so much discomfort inside UPND, which includes insulting senior members such as Mutale Nalumango.

      There is nothing he can say on the campaign trial that can bring votes but insults and threats. He is currently enjoying the exchange of threats with JAREBOS in the Copperbelt. That’s the kind of stuff he likes…

    • This will backfire. GBM standing as VP for UPND asking people to vote for UPND while he is Kasama PF MP.

      Well the beneficiary is Lungu. This is where we say HH has no strategy. He was better off requesting GBM to let go of his PF Seat. Then focus on promoting UPND.

      This is circus…

    • Government will appeal to Supreme Court, by the time the case will be disposed off it will be election time.

    • Matbati if this is true should either leve or certainly the powers that be should suspend him.

      The ball is in your court Lungu.

      You do nothing- you lose another flock of sheep to disert you.

      WHat do you do now?

      We are waiting



    • Why has Lusakatimes chosen to tell us this ruling is from the high court when its actually from the supreme court? Are they also employed by the once respected Dr Patrick Matibini?

    • GBM will also win the “getting on his (Lungu’s) throat” figure of speech and the “suspected drilling” at his gymnasium. I dont need to be a lawyer to know this. Here is why:
      1. Getting on someone’s throat is a common phrase or figure of speech. No need explaining cause most of the guys here have already done that

      2. The suspected drilling wont hold water. GBM wasnt there when the police investigated the place. He can argue that the Police planted the tools/weapons. Secondly, the weapons were not found inside the Gym but in individual cars.

      A good lawyer can build the case perfectly.

    • At the time Matibini declared the Kasama seat vacant, the Zambian Watchdog commented to the effect that the Speaker was wrong! Government is divided into three (3) arms; Executive, Legislature and, Judiciary each with a distinct mandate for effective checks and balances! None is supposed to overstep its responsibilities thus if anything at all I give GBM’s action a plus for helping to highlight skewness of how certain offices under the three arms operate! After 50 years plus of being independent it seems we are also maturing in power of knowledge despite being slow and with the G12 certificate requirement in place for those seeking leadership roles Zambia will definitely move a level up! Pity that for too long we have been led by people presiding over highly qualified personnel than…

    • contd….. themselves! I therefore score GBM 1 and Matibini 0! Say what you like this is one Speaker of the House who will go down in the annals of Zambian parliamentary history as the most compromised/prejudiced in favor of PF!

    • Matibini has a PhD in what? It cannot be law because his approach is so emotional. He comes out as an unwashed and unapologetic PFoolish cadre.

    • This case was already presided over by the Supreme Court……closed case and just stop embarrassing yourself. This is done and dusted and Parliament will expire in the next One and half months.

  2. “She has also ordered the state to bear all the legal costs for the Kasama Central lawmaker.”
    Matibini is wasting tax-payers’ money. More money in Martha Mushipe’s pockets.

    • Matibini is chief PF cadre in a rob. A whole Doctor and fails to interpret the law. Is he a real doctor in Law? Where did he do his doctorate? Probably matero open

    • I have just been reading the same story on ZWD and some bloggers there claim that Matibini is a Zimbabwean. Is this true or not? I have my doubts though. Can a foreigner be a speaker of the zambian parliament?

  3. I have no words because GBM is and has been vice president of UPND since last year. Does this mean GBM endorsed HH before he became vice president of the party? Didn’t these events occur concurrently? How a judge can rule like that is beyond my comprehension. The clean up exercise is not only in politics, the bench needs a serious wash as well.

    • @ MyZambia

      Answer to your question is simple. Your “comprehension” its not based on the statutory provisions but on plain and open bias induced by party affiliation.

    • If GBM HAD not been expelled, he would not be VEEP for UPND. His expulsion led to his appointment. So the High Court is right. If GBM had been appointed VEEP in UPND and THEN expelled, it would be a different matter now.

    • No the clean up starts in Parliament……..Very sure now that Matibini is living on borrowed life as a speaker. You put Matibini as your speaker after 11th August at your own peril. Surely how can a member of Parliament……nominated for that matter refuse to withdraw a wrong state and tribal for that matter. Hon minister of finance said he was not ready to withdraw the statement because he felt he was right and the speaker must keep his withdrawal message to himself. Just imagine if it was Garry who had refused to apologize and withdraw a tribal statement!!!! No….no…..no….. Bo Matibini you are Partisan by brother.

  4. Am not a lawyer, but this judgement does not add up. These r decisions that make one wonder whether the Judge “eat”. Look, if GBM had cases pending regarding his PF membership, then HIS OWN ACTIONS of joining another party & being APPOINTED VICE-PRESIDENT makes those PENDING cases null & void. It means the man has moved on. So the SPEAKER was right in kicking his fat stomatch out. Please Govt APPEAL this wrong judgement.

    • What the ruling means is all legal proceedings about GBM’s PF membership were supposed to be addressed before you declare his seat vacant. The MP seat hinges on party membership, therefore before the court declared GBM duly expelled from PF, his seat in parliament stands. Had GBM not challenged his expulsion in courts, the Speaker’s ruling would have been right. The UPND members who were expelled from the party and never challenged the expulsion in courts still have their seats in parliament. This is why they say the Speaker is biased.

    • There are two key words that define this judgement, ‘join and support’. According to this judgment, GBM never resigned and joined UPND but supports the candidature of HH. It seems if you don’t resign but support the other candidate, you can’t lose your seat just like the UPND MPs supporting PF – Monde is a good example.

    • Exactly like being a minister from another Party( Siamunene and Monde)……..GBM said I shall support HH and start drilling cadres in my gym……Not joining UPND. Matibini’s days are numbered on one hand. Leader of the Legislator not Leader of the Judiciary……..Wrong chap this Matibini. Woo to you…. as your days are running out Bra.

  5. HH like of experience owez shows. This is a none starter judgement. If it holds it means MPs will now be elected on one party, and then while in parly, take up a position in another party. like now one MP will be SG in UPND and the take up VP in UNIP (at the same time) and still keep his seat. Wont happen. This is an UNCONSTITUTIONAL Judgement, celebrated by an UNDEMOCRATIC PARTY

    • good point. look at vincent mwale, michael kaingu, catherine numugala, kafwaya, monde, siamunene all have assumed positions oof campaign manager for PF. so what good for these should be good for GBM

    • Peter – All those do not hold positions in another Party. They are either in government or are just sympathizers. GBM is UPND VP but PF MP. Same difference??

    • @Wilz, this marks the end of PF. B the time the appeal case takes off, this parliament would have expired and GBM would have walked away with 70 more parliamentarians in addition to the existing ones. Forget it man, he has just been released on parliament to kill pf in the house. Game over before election day. Energy and momentum are with HH!

  6. Matibini agwila pansi. Wa-vi-wina vi ma riff raffs. Matibini should resign as he is a PF cadre masquerading as a non-partician speaker. He should go. Time has come. I declare war on this useless man

  7. Viva GBM. Claim for salary back date from the month the salary stopped coming. Use the money to help the poor voters. GBM and his president are going into politics for service and not enriching themselves .These guys are stinking with riches. After 11 th AUG. They will put already rich Cabinet ministers so that they can reduce their salaries so as to increase the salaries of public service workers.Unlike what others are doing. Increasing the presidents’ salary when the man does not buy anything for himself. Tax payers do.

  8. @ Wilz
    It’s a straight forward ruling, I see nothing wrong. What happened was the Speaker “helped” the PF. The procedure is for the party, through its SG to write to the speaker that their MP is expelled. But PF didn’t write to the speaker but used a wrong method of informing the speaker through a point of order that was raised by an MP.
    Yes, there’s no denying the fact that GBM has crossed the floor, that’s a fact, but GBM has denied the claim, so it’s up to the court to interpret the law. Not all is lost, as things stand, the PF can still formally write to the speaker that it has expelled GBM. The speaker will then be obliged to act on the letter. Should the speaker decide to expel him finally (after following correct procedure), I am sure GBM will run to the court restraining…

    • …….restraining PF SG from expelling him. As the matter will be in court, GBM would still keep his seat until the matter is disposed of. But you know how these cases prolong, that’s how most rebel MPs have held on to their seat, e.g Siamunene, Moonde etc. I don’t blame the court over this ruling, I blame the PF for not following the correct procedure of informing the Speaker.

    • By the way, this case was not taken to court for judges to interpret whether GBM had crossed the floor or not. This case was about whether the Speaker followed the correct procedure to expel GBM.


  10. The UPND should not have issued that statement against Mr Speaker because the high Court Judge is not the final Judge. This ruling will be appealed and adjucated by a panel of Supreme Court Judges and it will be overturned I can assure you. UPND are myopic they do not analyse issues objectively…

    • Who is going to appeal? The Speaker? GBM sued the speaker and NOT the PF. The state has been ordered to foot all the legal bills. By the way, pursuing this matter further is an exercise in futility when you look at the months remaining between now and the dissolution date of Parliament.

    • @ The Chosen One who advised you that a person who is sued cannot appeal against a ruling of a High Court like in this case. Sometimes it is good to be sober and objectively analyse issues. The High Court in Zambia is not the final Judge but the Supreme Court…

    • @Zakeyo:
      You are so DULL – just like all other PF cadres! Try and open your eyes widely! That is why your PF party keeps on loosing cases in court. Don’t you know that this was a Supreme Court decision NOT High court as reported by the PF LT.
      The case is over, you can’t appeal anywhere – End of story. Viva GBM, Viva UPND! That’s how foo.lish you Lungu’s people are!

    • @Chilyata this case was in the High Court… The Judge ruled in the High Court and a statement above is from UPND confirming same .Wake up there no short cuts as Mr Guy Scott would put it…

    • What I am trying to imply is that this case has already cost the govt dearly. Govt has been ordered to pay the legal fees incurred by GBM and these are huge fees. Any Attorney general worth his salt, would not want to pursue this matter further knowing that judgment is likely to be passed after elections. This is a fair judgment, there’s no chance in hell that it can be reversed by the Supreme Court. This judgment was not about whether GBM had crossed the floor or not, it’s about Speakers decision to expel GBM from Parliament. You and me are on the same page that GBM has crossed the floor, even GBM deep down his heart knows that he crossed the floor, but the PF through it’s SG didn’t petition the speaker FORMALLY, but instead chose to raise a point of order. If PF had followed laid…

    • @The Chosen One – Smart people got your point clearly. And you are 100% correct. Others are using logic and emotions to argue straightforward ruling. GBM has won and the Speaker has disgraced himself. Period.

  11. How come most of the lame men are able to understand and interpret this issue better than the so called Dr? Could it be that he said his reasoning and common sense for a few kwacha’s? This man has been a disappointment.

  12. Great judgement. I wonder how that small boy conman Kelvin Mutale Sampa who has been camping in Kasama every now and then with the hope of the seat being declared vacant so that he can hoodwink the people of Kasama to vote for him,is feeling now. Mwaiche Sampa wachepa sana, abena GBM ni shimbi!!

  13. Ignorant UPND cadres read and listen, is that so difficult? Your Charles Kakoma is misleading you because like you he is too lazy to read or understand who is who in the judiciary.
    This matter was ruled upon by a judge of the High Court of Zambia. Judge Florence Lengalenga is NOT a Supreme Court judge, she is a High court judge, therefore her ruling can and will be challenged in the Supreme Court. Also note that the Speaker can be represented by the Attorney General, that is why the Judge ruled costs against the State. Look here UPND, you must first polish up your knowledge of the law before you let HH aspire for president. Just thought that I should offer you academically bankrupt UPND cadres some free education….part of my volunteer work.

    • My dear wise head, by the time this case goes to the Supreme Court, GBM will have won another term in Kasama Centra as MP on UPND ticket. So it is an academic exercise in futility for GRZ to take it up to the Supreme, that is what is being argued here.

    • This is about the speaker bra…..Partisan or not Partisan. When you are a speaker you are the Leader of the Legislator and not Judiciary or Executive wing of government. Matibini must not resign because he needs to receive his gratuity just like GBM will receive. The life for the current Parliament is about to finish or is it expire………Let as close Parliament in harmony Bo Matibini.

  14. I don’t see anything exciting about GBM being a PF member of parliament, But as usual, UPND cadres are celebrating instead of getting worried. Where does GBM want to be? In PF or UPND. Anyway, he knows that now he can’t stand for any parliamentary sit because of G12 certificate issue otherwise he was going to confuse many in UPND. I even wonder how he managed to be appointed as VP for administration in UPND overnight. This is corruption at its highest level while serious and dedicated UPND members are just languishing un noticed.

    • @ Senior Citizen: The judgement was based on whether Dr Matibini followed the right procedure when he declared the Kasama seat vacant. The case had nothing to do with GBM’s party membership.
      Talking of GBM being given VP position in UPND at the expense of dedicated UPND members, what about PF giving Hon. Dora Siliya a Ministerial Position at the expense of dedicated long serving PF members? In Politics, its all about popularity and influence that you bring to the party not how long you have served.

  15. Anyway he will stay there for a few weeks. After all he doesn’t qualify to stand but will be a mare cadre.

  16. People, this ruling is from the High Court…so the State has recourse to appeal against such so its to early to celebrate for GBM…The drama continues.

  17. Miscarriage of justice. because even as a layman knows that if you crossover that is. Geoffrey Bukala Bwambwa crossed over and was appointed VP in UPND but he wins and you call this justice m******mwe

  18. UPND cadres don’t celebrate yet I can see this judgement being reversed in the Supreme court. The constitution clearly states that if an MP crosses the floor he/she looses the seat and does not say only the courts can interprate that. The judge erred by stating that only the courts “can interprate” a law in the constitution! The law is very clear(Your cross the foor, you loose your seat). FLAWED JUDGEMENT, some of these judges, thats why Musa mwenye was complaining

  19. One cannot have dual membership in politics. You simply cannot be UPND and PF at the same time. This judgement is based on technicality because another case on which the latter is hinged on is still in court. Otherwise when this case is over, all shall know what next.

  20. No Flawed Judgement here. Hr.Siyamunene and Monde are still hold UPND seats and yet there seats are Not declared vacant.This one TEST Example.

  21. This is total nonsense.
    How can GBM be a PF member of Parliament and yet be a VP of the regionalist Upnd. Whoever the judge is he or she lacks basic logic.
    LAZ should comment on this absurdity. Meanwhile PF should EXPEL the BEHEMOTH GBM.

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