Minister of Finance Hon. Felix Mutati and Minister of Commerce, Trade and Industry Hon. Margaret Mwanakatwe discuss work on the Chingola-Solwezi road with First Quantum Minerals director of operations Matt Pascal.
Minister of Finance Hon. Felix Mutati and Minister of Commerce, Trade and Industry Hon. Margaret Mwanakatwe discuss work on the Chingola-Solwezi road with First Quantum Minerals director of operations Matt Pascal.
MARGARET Mwanakatwe can still remain in office and hold her ministerial position as well as Lusaka Central parliamentarian for the purposes of continuing to represent her Constituency while her appeal to grant her stay of execution is being determined in the Constitutional Court, Senior Lusaka Lawyer Hobday Kabwe has said.

Mr Kabwe of Hobday Kabwe Legal Practitioners said Ms Mwanakatwe was by law allowed to be in office and represent her Constituency because the people could not be deprived of representation in Parliament at the hands of the petitions.

“You cannot deprive the people of Lusaka Central the right to representation in Parliament when the seat has been nullified,” Mr Kabwe has said.

He said the danger is that if the issue of the parliamentary seat remained unresolved that would result in the people not being represented and there vote would not yield any effective results.

Mr Kabwe further said that the issue over the stay of execution of Judgment which was still being argued should not affect her Constituency and her continued stay in office not until the matter was determined by the court.

Mr Kabwe was responding to Green Party president Peter Sinkamba who questioned Ms Mwanakatwe’s continued stay in office as well as being the Lusaka Central Parliamentarian when her seat was nullified by High Court Judge Mwinde Siavwapa.

Mr Sinkamba stated that as Green Party his understanding was that Lusaka Central Constituency parliamentary seat was vacant following the nullification of the election by Judge Mwiinde Siavwapa.

He further stated that his understanding was that the refusal by Judge Siavwapa to grant Ms Mwanakatwe a stay meant the High Court Judge’s decision to nullify the seat was in force, and therefore, Ms Mwanakatwe was not a Member of Parliament.

Article 116 of the Constitution of Zambia provides that only an MP must serve as a minister.

Meanwhile, Ms Mwanakatwe’s lawyer Kelvin Fube Bwalya said Mr Sinkamba was being naive and he was giving an uninformed opinion.

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22 COMMENTS

  1. Hello Zambians. You great people I ask you to vote NEZ as best Blogger. The nominations are opened. Please exercise your right to vote by voting me the most honest man here as blogger of the year. I trust you will make one right decision this year. You already made an error by voting in PF, so please undo your wrong by voting NEZ and nominating me as best blogger. I thank you in advance…. aluta… mwanakatwe is crooked

    NEZ
    Chief Strategist of the UPND
    Incoming blogger of the year

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    • Honestly, what a mockery of judiciary.

      How do you get suspended and still occupy office?

      Ludicrous

      Thanks

      Bb2014

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    • lawyers of the stomach!! opening your mouth for the sake of saying “something” in support of your handlers. No wonder whatever Kabwe said is not supported by quotes from the constitution!

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    • What a batch of cruuked idi00ts pf are, bending the rules to favour their stomachs. PF makes me vomit….everything about them stinks like shiiiiiit!!

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    • This Kabwe boy is a joker, is he a Judge? If so which Court? Is there any court in Zambia called Hobday Court?

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  2. Remain MP under which statute imwe ba lawyer.You have not quoted any law to support your argument iwe ka Hobday Kabwe.Cheap lawyer .

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    • The way legal/constitutional matters are handled in Zambia is a sick joke! Here is a lawyer who thinks at this age Zambians are dullards when it comes to interpreting situations!

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  3. Kabwe does not sound legally and constitutional correct. Is a judge or a Constitutional lawyer to make such a Ruling? The refusal of stay of Execution should mean that Ms Mwanakatwe should not remain in her post as Minister until Concourt makes a Ruling on the Refusal of Stay of Execution Appeal. This is another instance of lawlessness by PF Ministers. Kabwe’s interpretation of this electoral law is very suspect and should be tested in Concourt. Once an MP is disqualified he cannot continue to serve as a Minister becoz she is no longer an MP. Period.

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  4. So Mufumbwe constituency people were not deprived of representation when their MP was serving a jail sentence of fraud? In PF government all things are possible including ignoring the constitution provisions. Hope Lungu will not be made life president, all things are possible with PF.

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  5. Mwanakatwe is no longer MP. She’s a racist violent cadre. Her seat was nullified. She should stop going to parliament and office pretending to be minister shame thief like her boss chagwa who stole from a widow and our votes.

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  6. Mwanakatwe is no longer MP. She’s a racist violent cadre. Her seat was nullified. She should stop going to parliament and office pretending to be minister shame thief like her boss chagwa who stole from a widow and our votes.

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  7. LAZ has already given guidance on this issue. It is disheartening that discredited and unqualified lawyers like Hobday Kabwe who are supposedly also members of LAZ can go against its guidance!! Is Kabwe NOT bringing LAZ into disrepute? In Zambia, even mongrels like Kabwe can issue misguided legal opinions and get away with it!!

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  8. Speaking nonsense. She is not the representative so by being in office she is depriving the constituents of their genuine representative. Some lawyers!

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  9. What amazes me here is that most people’s comments make sense but does anyone from our government read this? Because if they were….a lot of good things will have taken place already in Zambia to help improve the economy. But unfortunately this forum does not help at all. I find it rather ridiculous that we can let this ECL get away with it. He is a scam bag

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  10. No single article from the constitution used to arrive at the judgement. The judge based his judgement on his opinion. If that is the case all the constituents where election were nullified respective parliamentarians should continue serving because people cannot be kept without representation in parliament until byelection is held. I stand to be corrected does the honourable judge mean only lusaka province deserves representation while other constituencies should wait? Poor and fake judgement indeed without legal backing.

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  11. As long as Edgar Lungu remains President in this country, no law shall be followed and the constitution of this country will remain a fallacy. All these i.d.i.o.t.s are following what the useless president did in the last elections and they know and are fully convinced that Edgar Lungu will support the move. That’ s why I am of the view that this country should just be divided and that those who want to rule themselves like imbeciles, id.iots should do so. The country is collapsing, whatever is happening at the moment is a pointer to the total destruction of this former golden country. You go to Chililabombwe, Kasumbalesa and Ndola’ s Sakania Borders and physically see the uncontrollable degree of smuggling which is fully supported by Edgar Lungu and his same monkey ministers. It’ s…

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  12. We need to correct the wrongs as PF. Mwanakatwe should not be invited to stand on the PF ticket. She has brought the organization in disrepute. Good riddance . After all, this notorious women has yet to pay back the loan she took from Citizen empowerment. Am sorry to say that Margaret has no integrity to represent the people of Lusaka . We deserve better. Hobday can take her to his village and make their Headman or Chief Priestess.

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  13. Which constitution is being used by this Hobday Kabwe to arrive to that comment. I guess it’s now a lawless country ,whoever dreams of yapping just does that without thinking of da end result.E.g. ECL in S A said no need to put up hydrostations in zed,but import from da neighbour, surely is that future planning or thinking of the present?let these people be serious.

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  14. Mwanakatwe is committing another illegality of being in office illegally and earning a salary illegally and Zambians will take her to the concourt again and she will be made to pay back the salary she is earning as an illegal minister.

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