“THE State appeal against the High Court judgment which allowed me to go back to Parliament as Patriotic Front Member of Parliament despite being opposition UPND vice president lacks merit and should not cause the overturning of the judgment in my favour,’’ Geoffrey Bwalya Mwamba has argued.
This is a matter in which the Kasama Member of Parliament has requested the Lusaka High Court to revoke the order to bar him from attending the National Assembly, insisting that he was still representing the PF and Kasama Central in Parliament.
This is according to an affidavit filed before High Court Justice Florence Lengalenga.
Mr Mwamba, who is popularly known as GBM, said the order obtained ex-parte to stop him from attending the session of Parliament before it was dissolved should be set aside to allow him be heard over the matter.
“That the first and 2nd respondents not being satisfied with the judgment of this honourable court filed into the Supreme Court registry on the 31st March, 2016, a notice of appeal and subsequently made an ex-parte application for stay of execution of judgment pending the determination of the appeal and on 1st April, 2016, this honourable court granted the ex-parte order for stay of execution of judgment.
“I have been advised by my advocates and verily believe that I can request from the honourable court for an inter-parte hearing for the stay of execution of the order. Further, I have been advised by my advocates that ex-parte order of stay dated 1st April 2016 can be set aside for the reason, amongst others, that the appeal has no merit or prospects of success,” he said.
Mr Mwamba explained that the ex-parte order for the stay of execution granted to the State did not contain the provisions for endorsement of an inter-parte hearing which was against the general practice regarding ex-parte applications and orders.
He charged that it was the duty of the party that obtained the order to include a date for proposed inter-parte hearings which entitled the other party to apply for an inter-parte hearing.
Mr Mwamba said even the grounds of appeal advanced for the stay did not present desirable or necessary reasons to deny him enjoyment of the judgment, citing insufficient grounds to warrant a stay of execution of judgment pending the Supreme Court appeal.
“That with respect to the above, I crave this honourable court to set a date for inter-parte to hear the appellant’s affidavit in opposition to the respondents’ affidavit in support of the ex-parte order granted in default of the general practice regarding ex-parte applications and ex-parte orders and I seek the indulgence of the court to set it aside and allow the hearing of the 1st and 2nd respondents’ application inter-parte,” he said.
Mr Mwamba sued Speaker of the National Assembly Patrick Matibini together with the Attorney General of Zambia and the Electoral Commission of Zambia (ECZ) over the declaration of his seat vacant after he evidently crossed the floor and accepted to be opposition UPND vice president for administration.
Justice Lengalenga in delivering her judgment overturned Dr Matibini’s decision to declare Kasama Central vacant, saying the Speaker acted in excess of his powers instead of letting the court decide.
The judgment also ruled that Mr Mwamba was to be paid all emoluments he could have missed during his absence from Parliament.
But Solicitor General Abram Mwansa filed an appeal against the judgment explaining that Mr Mwamba was a known defector from the ruling PF to the UPND where he also accepted the opposition’s deputy presidency.
Mr Mwamba has also filed in opposition an appeal that bars him from going to Parliament and enjoy the benefits of the National Assembly after the High Court judgment that ruled that he was still PF Kasama MP while he was opposition UPND party vice president.
Am still a player with Green Buffaloes but I will play for Warriors infact am a player for both teams….so my number 9 position should remain mine…am employed by Barclays and Stanchart as a clerk…I am still an employee of both…I should be allowed to draw allowances from both banks….
These are the people who want to be your leaders (Presidents) with such thinking. God help us!
CHIMBWI AFWILENTANGALALA. – GREEDINESS. DOUBLE TOBELA!
Political maneuvers are often different from incidences because of selfish interest by politicians. GBM has done exactly what others have done. People like Siamunene, shakafuswa and Monde are left to attend the National Assembly without raising eyebrows. This is why I normally question the kaponya mentality exhibited by PF. This illiterate kaponya governance is really disgusting
Come on pfool chaps it’s only 3 months remaining let’s have fun, muzafa na constipation, if siamunene, njeulu, monde are upnd but campaigning for pf, why should GBM’s case bother you so much, sit down relax, read a book and when your bowels finally relax, take a dump. Citation picked from my brother, DIVIDE AND RULE below! Nice one
Atase!
I am still married to Mutale though I am currently married to Moonga.
I have divorced my wife and married another woman but I will continue sleeping in my divorced wife’s bedroom
If HH was not afraid of being branded a “tribalist”, he would have rejected GBM’s membership of UPND while remaining a member of the PF.
HH knows GBM is not making sense.
KKIKIKIKI, GBM HH RUNNING MATE. FOOLISH HOW CAN YOU BE A MEMBER FOR BOTH PARTIES? AWE THIS COUNTRY IS SO UNFORTUNATE HAVING LEADERS LIKE THIS SURE WHERE ARE WE GOING. USELESS UPND.
Chimbwi afwile intangalalo
Both HH and GBM have decomposed brains.
HE IS TRICKING AND DECEIVING THE INEXPERIENCED UNDER 5. YOU CANT BE BOTH RULING AND OPPOSING. IT IS TIME FOR CHANGE IN UPND PRESIDENCY.
He won’t be eligible for any political
Position in this coming election until all his court cases are desposed which very unlikely
In the end he will just a political dump-site
Cader
GBM hammer them where it hurts most. I can see them crying foul on this fora.
The GBM decision to join UPND has really damaged PF, and to make the matter worse Sampa is also gone. Us in the rainbow are just spectators. Our time will come. This time seems to favour UPND.
PF campaign strategy – Version 3:
A. Obtusification: Lying that Lungu is not to blame for all economic ills, shortages because its Global . Yet Lungu gets plenty in pocket and body gets bigger!
B. Falsification / Smear / Hate campaign: Accuse HH of satanism, mason, privatisation
C. Tribalism and racial discrimination: Hate for tribes that challenge Muchinga-Bemba misrule and vowing apartheid style that…umu tonga teti ateke, etc.
D. Violence through Police and PF militias. UPND supporters daily beaten / stripped for wearing party regalia BUT PF daily campaigning with Lungu branded campaign vehicles everywhere.
E. Enhanced corruption of population through economic blackmail.
F. Heroism. Using KK and Sata legacy to woo Muchinga/Eastern votes using tribal incitement.
Come on pfool chaps it’s only 3 months remaining let’s have fun, muzafa na constipation, if siamunene, njeulu, monde are upnd but campaigning for pf, why should GBM’s case bother you so much, sit down relax, read a book and when your bowels finally relax, take a dump.
HH open your eyes. The guy is not ready for you.
wait a minute ,did n’t you say politics is abt numbers? so regardless of the quality it doesn’t matter,,,,tiye nayo
You can’t have reasonable discussion with PF cadres. How come PF govt has had opposition ministers in the govt? Look at the down where your use-less MP represents. Where is the infrastructure development? Where have the billions of dollars gone?
m.youtube.com/watch?v=hboL8FVP_hI
Such an *****.
BOWMAN Lsambo and many more are MMD members trying or applying to stand on PF ticket. Have the seats been nullified in advance as there is no dual party memmbership?
I eat chicken and egss, while others eat chickens only and not egss. Zambian politics
GBM is right what he is avoiding is unneccessary by-election. Time is up for by-elections.
He is PF as MP and full membership of UPND. The High Court knows what they were doing.
Let’s think Zambians. PF likes by elections, UPND means serious business, if UPND were useless who doens’t care about people they would have fired Syamunene and Kafwaya so that by elections can go ahead. Even if PF pushes this matter to court it is not neccessary,parliament will be dissolved 1st week of next month May 2016.
You pipo ar jus too dull, the president has got powers to appoint any member of parliament into govt even if he or she is in opposition party.
If I campaign for another parts other than mine.it means that I’ve technically crossed. The case of Vincent Mwale being appointed as a campaign manager in one of the by elections.
This is not different from the case of Gbm.
It’s different you Bahati Constituency, you can’t eat with both hands bane. GBM is not decided so HH should be very careful. Why is he clinging to the party that he has said has lost direction? Let him sober up and face the reality please.
Lets do what we want others to do us
There is a difference between serving in Govt as an opposition member of parliament and accepting a post in a party which did not sponsor you for an election.
The high Court reversed the decision of the Speaker of the National Assembly to nullify the seat because he acted ultra vires. The three arms of govt are parliament, executive and Judiciary. The Speaker who belongs to parliament overstepped his limits and entered into the bedroom of the judiciary and that is the reason why his decision was reversed.
That does not however mean GBM should belong to two different political parties at the same time for the simple reason that each political party is independent from the rest with its own set of rules.
GBM is holding on to PF because deep down his heart he knows that his chances…
GBM has done exactly what others have done. People like Siamunene, shakafuswa and Monde are left to attend the National Assembly without raising eyebrows.says some one: which position other than Government positions do the mentioned hold in PF? Mwamba can not be compared to these serving in GRZ.GRZ is not a Party the Party is PF.
its really a pit to see how people praise the name ruling party, MMD stayed long but didn’t mess up like your so called ruling party, its hard to call them leaders because they don’t suit, but to those parading and throwing comments on GBM, am sure you feeling the impact of these big men leaving your so called “PF” or maybe we call them “PAST FAILURES” that’s better, you can say you don’t care about the defecting, but your friends are feeling it, that is why they are jumping up and down to rig, otherwise, clean game they know they are gone.