Sunday, April 14, 2024

There is no Dual Membership in parliament as GBM’s case goes to supreme court

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GBM after the court session
GBM after the court session

LUSAKA High Court Judge Florence Lengalenga has stayed the execution of her judgment in which she declared that Geoffrey Bwalya Mwamba is still a Member of Parliament (MP) for Kasama Central.

This means that Mr Mwamba cannot attend National Assembly sessions until the determination of the State’s appeal to the Supreme Court.

Ms Justice Lengalenga said yesterday, when she granted an application for stay of execution by Solicitor General Abraham Mwansa, that Mr Mwamba’s presence in the National Assembly could be a serious predicament because he could not appear as a member of the PF and United Party for National Development (UPND) at the same time.

She agreed with Mr Mwansa’s submission that there would be a serious predicament if Mr Mwamba attended sessions of Parliament as there was no provision for dual membership in the Zambian Constitution.

“For the reasons advanced, I find the grounds or reasons satisfactory and compelling enough to merit the grant of the stay sought,” Ms Justice Lengalenga said.

Mr Mwansa has on behalf of the State appealed to the Supreme Court against Ms Justice Lengalenga’s judgment of March 23, 2016, which declared Mr Mwamba, commonly known as GBM, as an MP under the PF ticket and that the Speaker of the National Assembly acted in excess of his powers.

He in the meantime applied for the stay of execution of Ms Justice Lengalenga’s judgment pending the outcome of the Supreme Court judgment.

When the matter came up for ex parte hearing yesterday, Mr Mwansa told Ms Justice Lengalenga that there was need for a stay of execution because the issue of Mr Mwamba going back to the National Assembly would cause ambiguity since he could not attend as a member of the PF as well as UPND.

Mr Mwansa said the law did not allow dual membership of political parties for the member of the National Assembly.

32 COMMENTS

    • But why is the Solicitor general Abraham Mwansa involving himself in partisan politics? Shouldnt this case have been handled by the PF lawyer from the start?

  1. What of Siamuneke? Does it mean that the law only allows pf cadres to belong to more than one party? Eg Njeulu, Monde, shakafuswa.

    • Kopa or is it Kopo. Siamunene was not PF. He did not cross the floor. He was a upnd serving in the Zambian Government. The law allows the President to choose his cabinet from parliament despite the party he belongs too. I know to you upnd is government but sad to tell you that upnd is a party like PF and getting a position in another party is tantamount to crossing the floor. SIamunene worked for grz not PF. Wamvela KOPO

  2. GBM is still on PF ticket and at the same time supporting UPND. In any political party, there is the issue of holding different views on specific issues. There is no need to follow blindly. You discuss, negotiate and take your picks. It is going to serve as a rallying point. His resignation from PF needs to come from him. If PF takes more drastic disciplinary measures than UPND, then PF is more desperate than UPND.

    • kkkk ba Dr. Am sure its not Ph.D You can work at airtel, then start work at mtn claiming you did not resign from airtel so you should keep your job. Supporting is one thing but joining is another. He is upnd Veep not upnd sympathiser. That is why the stay of execution has been made because gbm going to parliament infringes on the constitution. Judge Lengalenga’s judgement is now under scrutiny by supreme court.

  3. GBM should resign from the PF. What game is he playing? Why is he clinging to that seat? its not like he needs the gratuity.

  4. This becomes interesting. Kaingu, Monde, Njeulu, Siamunene, etc have applied to be adopted on the PF ticket thus declaring their membership of the PF. Justice Florence Lengalenga is a clever woman. I think she’s stretching our laws a notch. Lawyers prove your colleague John Sangwa wrong & show us that, unlike MPs, you read. Let’s play.

    • When an MP resigns 90 days before parliament, it does not affect his tenure in the national assembly. That is why Sampa, mwaliteta, Siamunene, mukata, Shakafuswa, Scott, etc have done this now openly to join the parties of their choices. GBM moved way before and so issues of his gratuity and attendance come into question. So there is no stretching of the Law here that is why a stay has been granted.

    • @ peter, lets not lie to each other there are more than 90 days remaining before the election, at least by my count

  5. A smile on the face of GBM does not demean his bitterness for having been stripped off of the parliamentary seat. He is currently fishing in a dry pond.

  6. Zambian judicial system on trial again and flip-flop, admits other MPs can belong to opposition and work for PF government but not belong to PF and sympathise, support or even endorse opposition parties.
    Selective justice! Zambian judiciary system is guilty.

  7. ..how can a judge be in agreement with the complainant…??..that’s being prejudice since that case is now before supreme court…the fact that an appeal has been granted is enough reason for stay of execution…GBM was voted on PF ticket and not on UPND so he cannot not be referred to as UPND Kasama central MP..for now he is PF Kasama MP period…being a member of UPND and PF at the same time is just another case in isolation to this MP case… if supreme court decide in agreement with the complainant then the reasoning should apply to all those MPs with one leg in one party and the other in another

    • ..of which im sure only about 65 MPs will be left in the house up to closure or dissolution of Parley…

  8. working for the government of the day does not mean supporting the ruling party. But I believe being adopted by a party is tantamount to crossing the floor although applying for adoption does not equal crossing the floor but merely an indication that you want to cross the floor, Even HH is he was principled he can support the good things that his counterpart in the ruling party is doing but that does not mean he has crossed the floor.

    • …let us not bury our heads in sand and pretend that the MPs who belong to opposition parties and appointed ministers have their allegiance to their party…far from it…the other day Siamunene was at PF rally with ECL raising PF symbol and urging residents to vote for PF…the same serious predicament GBM can present in Parley is the same predicament Siamunene, Nonde, Scott… Masebo..Jonas, Mukata and his 11 colleagues so many to mention…shal present

  9. Vice president of biggest opposition and mp of the ruling party; doesn’t make sense but shows pipo are politics for business, selfishness and power. what the hell in going on in zambia? How come the courts are failing the case?

  10. GBM is UPND vice president
    A normal judge would not have entertained this case, but in Zambia anything can happen

    Hw can one be a Vice president of UPND and still call himself a PF MP?

    How common is common sense?

  11. The difference between GBM and Siamunene is that the constitution allows the Republican President to appoint ministers from amongst MPs, All MPs. The same constitution bars members of Parliament from crossing the floor

    Siamunene is a Minister but UPND Mp. GBM is an ordinary Mp who has resigned from The PF to join UPND ( crossing the floor) To prove that he is 120% UPND he has accepted the position of deputy to HH. What more proof do you want?

    Check the courts for corruption

  12. Yes Simunene is working for GRZ and the can appoint anyone from the house but he is compaigning for PF, is that not dual membership.

  13. This is a serious misunderstanding of the separation of powers by laywer lengalenga. She failed to rule because she doesnt understand matters of parley. The Executive where ECL is the king is a separate organ from the Juditiary where judge mambilima is queen which separate from the Parley where Matbini is king. There you are, the 3 organs of the Zambian government. Judge Lengalenga errored and Matibini was right. I would therefore like to urge ECL, Lengalenga and Matibini not to overstep.

  14. Our local judges rarely make sense!!I REALLY DONT KNOW WHICH LAW THESE LAWYERS LEARN AT THEIR SCHOOL!!a week ago,this same judge said that Dr Matibini was wrong by declaring Kasama Central seat vacant then now she says GBM cannot belong to both PF and UPND and continue being MP-shocking!!EVEN A GRADE 5 PUPIL CAN EASILY GIVE A PROPER JUDGEMENT ON THIS ISSUE BECAUSE GBM HAS OPENLY JOINED UPND AND HE CANNOT CLAIM TO BE PF!!GBM IS ALWAYS WITH HH IN UPND KIT!!DO THESE JUDGES LIVE IN ZAMBIA OR ABROAD?they just tarnish the image of their profession as most of their judgements do not make sense at all!!GBM IS UPND AND THIS CASE MUST BE CLOSED-PERIOD!!THIS F00L CALLED GBM ALSO MUST BE PROUD TO BELONG TO A TONGA PARTY UPND RATHER THAN DOING DOUBLE DEALINGS!!

  15. “Mr Mwansa said the law did not allow dual membership of political parties for the member of the National Assembly.”
    SO, THE JUDGE OR JUSTICE WHATEVER SHE’S CALLED HAD NO KNOWLEDGE THAT THERE’S NO DUAL NATIONAL ASSEMBLY MEMBERSHIP AND SHE WAS IN THE DARK UNTIL INFORMED? I THOUGHT THAT WAS A NO-BRAINIER. IS IT NOT JUST CIVICS YAKU SECONDARY SCHOOL?

  16. UPND in their myopic behavior even issued a statement thru’ their spokesperson Mr Kakoma and UPND cadre Mr Mcdonald Chipenzi masquerading as an Election Expert by accusing Mr Speaker, Dr Patrick Matibini who apparently is also a High court Judge and more knowledgeable on parliamentary etiquette of being biased and favouring the PF…I advised them that the high court Judge was not a final adjudicator and that the matter would be appealed to the Supreme Court therefore, it was premature to issue an attack on Mr Speaker…

  17. GBM IS LIKELY TO LOSE THIS CASE…….HE WAS TOO FAST.I WONDER WHY HE IS STILL CLINGING TO PF WHEN HE CROSSED THE FLOOR AND A UPND VEEP……HE IS WASTING PEOPLES TIME.

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