UPND MP's seats unoccupied in Parliament this morning
File:UPND MP’s seats unoccupied in Parliament this morning

A Zambian Citizen of Mungule Village in Chibombo District has petitioned the Constitutional Court to declare and order vacant the parliamentary seats belonging to the 52 UPND Members of Parliament who shunned President Edgar Lungu’s State of the Nation Address.

Richard Mumba of Chifwakula Village, Kabangwe area in Chieftainess Mungule, in Chibombo district through his lawyer Rabson Malipenga wants the Constitutional Court to also declare and order that the 52 MPs are not eligible to recontest their seats once declared vacant.

In his petition papers filed today, Mr Mumba to determine whether or not by staying away without reasonable cause, the 52 MPs abrogated the Republican Constitution.

He also wants the court to determine whether or not the acts of omission by the 52 MPs of not attending is an illegality.

The petitioner also the court to declare or Order that the MPs are bound to attend the National Assembly when the President present and addresses the National Assembly.

In his grounds, he stated that the 52 MPs contravened the constitution by breaching the prescribed Code of Conduct and Ethics of the Office of Member of Parliament and contravened the constitution by breaching the Oath of Office.

Mr Mumba also contented that the 52 MPs contravened the Constitution by breaching the Oath of Allegiance to the President as Per Standing Order 8 (3) of 2016.

He stated that the 52 MPs breached the Constitution of Zambia by failing to preserve, protect and defend the Constitution of Zambia by failing to attend the National Assembly when President Edgar Lungu went to attend and address the National Assembly.

Mr Mumba also stated that the 52 MPs breached Standing Order 10 (5) of 2016 which mandatorily required them to stand in their places when the President entered and left the Chamber by not attending the National Assembly and breached the Parliamentary etiquette which required them to be present in the House a few minutes before the scheduled time of commencement of sitting as per clause 2 of Chapter 5 of the National Assembly Handbook, 2006.

He also submitted that the 52 MPs through their ChiefWip Garry Nkombo were quoted to have said that the said 52 Members of Parliament have the 11th Commandment that they will not be where President Edgar Lungu is until all court cases are concluded.

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78 COMMENTS

    • Are UPND MPs sure they will have a fair hearing with the discredited corrupt institution that panders to the dictates of a dictator?

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    • A few pieces of silver can go a long way in motivating individuals or groups to champion issues beyond their comprehension.

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    • I have always believed the UPND post reign of Kambela Mazoka is under siege of a clueless corteri. What is happening is abdication of constitutional responsibility on the part of these MPs. It’s sad that they don’t realize the fact that it amounts to misrepresentation of electorates who pay them those emoluments. Time to know where politics crosses service and the constitution.

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    • Idyots like @Senior Citizen can now mouth support for Mazoka when they never voted for him!

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    • When is foolishness hoing to end kanshi? Are we so cursed that we cannot have decency in our politics. What good will the petition do for the wider society? Please stop this nonsense.

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    • You know, HH and his MPs have a serious problem.

      HH and his MPs do not understand issues.

      Parliament is made of of the President and the National Assembly.
      The National Assembly is made up of elected and nominated members.

      Now, you cannot serve as MP minus recognising the President. Because which parliament are you a member of?

      The speakers is appointed and sworn in by the president, and as MP by taking an oath before the speaker and the parliament, you are acknowledging the authority of both the speaker and the president as appointing authority, and as a component of Parliament.

      Even lawyers for UPND have no understanding apart from presenting preliminaries, and failing on each of the same preliminaries. So even their advice is not worth any salt, not even fake salt.

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    • And when they boycotted the opening of parliament by the president they said they dont recognise him as president.

      But when parliament was opened they starting sitting and deliberating, showing they acknowledge that the parliament was opened, something that can only be done by the president.

      You seem, I give these MPs a benefit of doubt, that they do think before acting.

      You see, later they went and apologised for boycotting, meaning they understood they were wrong.

      Now by boycotting again implies they did not understand they were wrong, meaning they acted without thinking. This contradicts with my view of them, because I have always believed they are not robots.

      The UPND MPs seem to have resigned all manner of thinking to HH.

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    • Mumbi once said HH was being disingeneous. I think he should have just said HH, the UPND leadership as well as their layers and advisors are disingeneous.

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    • @1.1 IS IT UPND MPs WHO ARE SUPPOSED TO HAVE FARE HEARING OR THE PEOPLE WHO PUT THEM IN POWER? UPND MPs HAVE OFFENDED THE ELECTORATE. THEY ARE THE ONES TO WHOM A QUESTION OF FARE HEARING IS SUPPOSED TO BE DIRECTED TO. WHAT YOU HAVE SAID IS AN EXAMPLE OF, IF A MURDERER IS GOING TO BE GIVEN A FARE HEARING AND NOT THE RELATIVES OF THE MURDERED. UPND MPs ARE SERIOUS OFFENDERS WHO DO NOT DESERVE TO CONTINUE BEING IN PARLIAMENT. THEY ARE THIEVES (IN SHORT) WHO ARE GETTING PAID A LOT OF MONEY FOR NOTHING. SHORT OF BEING DESCIPLINED WILL SERVE NOTHING.

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    • Thats how a human being is because now Mazoka is dead they praise him when they could nt vote for him

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    • I would love to see how 52 by-elections will bankrupt this PF monster. Expect Zambia to be more broke than Brazil or Greece with PF Ministers writing letters on tissue papers. Moreover, the electorate will still vote for UPND candidates. The bottom line is that the country is split and polarised. PF will never win in those UPND constituencies, especially now that all the Eurobonds have been stolen and there’s no more largesse in the coffers to entice the weak.

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  1. Our useless MPs both PF and UPND are like bananas.They hang together, they’re crooked and they change colour.Thats the true State of the nation.

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  2. Well done Mr Mumba.

    It’s time that we ask the madness to stop.

    Constitutional Court must try to provide guidance on this matter. Nullify those seats. Declare and order that the 52 MPs are not eligible to recontest their seats once declared vacant.

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    • You will learn a lesson you never wanted to learn in the first place. Unintended consequences will haunt PF for years to come.

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  3. The constitution court is Lungu’s Kangaroo court. How will the judges manage to come up with a ruling if they failed to come up with a ruling as to why Lungu failed to step down when the UPND lodged in a petition as per the Zambian constitution? LETS SEE WHAT HAPPENS! FAKE JUDGES

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    • All of you UPND supporters have challenges with understanding even the simplest of things.

      Is that why you failed your petition and even all the your preliminaries.

      The issue of the incumbent president stepping down arises when the results being disputed come out of of 2nd round vote.

      Everything about you guys in UPND is understood or misunderstood in reverse.

      With your reasoning and/or the absence of it, the nation will not be shocked to hear that you now would like to be milking bulls also so that cows can concentrate on feeding their young ones.

      Anyone who wishes to follow or try to embark of tracing your reasoning is embarking on a futile project.

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  4. What a misuse of Concourt? Is this villager aware that Lungu breached the Constitution when he refused to handover power to the Speaker of Parliament while the Petition was being Heard?Is the villager aware Lungu broke the law when he was illegally sworn in by a Clerk of Court instead of the Chief Justice or his Deputy? Is the villager aware there is a legal procedure to expel MPs from Parliament? Just a waste of time. Even the compromised night Judges will not waste time on this frivolous and vexatious Petition.

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    • Just like HH OVAL HEAD is misusing the Concourt…so musiye nayeve aichite misuse…ni Concourt yanyoko?

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  5. This dragging thing should have started with ECZ if there is any reasonable belief that the 2016 elections results were some how rigged as we have heard that the 51+1% threshhold was not met.and some GN12 in Munali and Lusaka central could not add up and seats in these constuencies declared vacant in court.

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  6. Where was this man when Lungu breached the Constitution and refused to step down and let the Chief Justice preside over the country when the results were petitioned? Where was he?

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  7. This PF rubbish is just going too far. People, you are dealing with semi-literates here who are also devoid of any morals. When they show their ignorance they think they are shining. Time will prove them for what they are. Who doesn’t know that Lungu and PF broke the constitution several times. Walking out of paliament is a right when MPs are disastified and it occurs everywhere in the commonwealth. Now PF wants to make it a crime? It will not work.

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  8. A DROWNING MAN WILL EVEN GRASP AT A STRAW TO SAVE HIS LIFE. HOW MUCH WAS THIS MAN PAID. WHAT IS HAPPENING IN PARLIAMENT WITH THE UPND MP S CAN BE STOPPED IF ONLY THE PETITION IS HEARD. IF PF ARE SO SURE THEY WON THE ELECTIONS. WHY SO MUCH DISRUPTION AND ADJPURNMENTS. WE THE PEOPLE WANT TO KNOW ALL THAT TRANSPIRED DURING VOTING TOO MANY UNANSWERED QUESTIONS.

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  9. This villager is out of his mind. What Locus Standi does the villager think he has? Whats there to stop another villager Petitioning the expulsion of the 89 PF MPs who were singing disparagingly about the UPND MPs? Where will this nonsense stop? Whats so special about this villager? So 13m Zambians can sue these MPs? Concourt is now a Court held in contempt.I hope Concourt has a criteria for these Petitions otherwise every Jim and Jack can just Petition for no apparent reason.

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  10. What a shame & wasting court’s time. Doesn’t this moron together with his disgraced lawyer know that there is a law that governs the conduct of MPs. I thought the lame duck speaker made a ruling when the empty tins where trying to outdo themselves in raising so called points of orders. What a circus! Check around the world how MPs, senators etc behave when dissatisfied. They would either walk out of the chambers or even fight & whatever they do there will be determined by the laws that governs their respective august houses. Don’t you people remember “Beautiful” Mumbi Phiri boxing with Eliza Chitika within Parliament. What happened? The answer is in the question. Let’s not waste time on trivialities as a country when Zambia is reeking with poverty, squarlor etc. Haven’t you noticed…

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  11. These upnd blind followers(mps) will cry badly soon!!its them on the losing side.believe you me,this Mr Mumba is being led by experienced PF lawyers to fix those dull upnd mps who are hh’s slaves!!their behaviour in parliament will cost them dearly.already Jack Mwiimbu (a lawyer) has excused himself that he had a funeral in monze,hence missing last friday.upnd’s SG also stated that the upnd letter which is circulating online where hh ordered his bantustan mps to miss parliament last friday is fake.upnd’s SG-Mr Katuka knows the implications of orders from hh to his mps,hence rejecting a letter which he in fact wrote.but its too late.those upnd mps will dance to their tune soon and hh wont help then in anyway!!

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  12. Idle minds. That’s always the case. Two parties that don’t bring value to the Zambian people are PF and UPND. This bunch of time wasters is choking the country. Believe me, we are NOT headed anywhere with PF and UPND. # Bring back the whites to rule us

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  13. Good afternoon morning and evening to all Zambians around the world. I would like to confirm that we are relieved that we have not lost any lives from our upnd team in London following the terrorist attacks in Westminster today. We are also glad that no Zambian lives have been lost. It is sad that the pf government in conjunction with their cadre high commission in London have not issued a statement as we have many Zambian economic refugees in UK who have been forced there due to pf failures. Rip to the four that have lost their lives. Meanwhile here the pf government are taking democracy for granted and stealing elections while our friends are been attacked for their democratic principles. Pf are terrorists

    Nez
    Chief strategist of the upnd

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    • Your strategy is to e pend whatever time you have on preliminaries, fail on all the preliminaries, and expire the petition.

      Then get shocked that you have not been heard. What!!!! Heard without talking?

      Where are our rights?
      You are asking me, ask yourself why you decided to nyunya yourself.

      I think the guy who produced the cartoon comedy called ‘Tom and Jerry’ new that one day there would be a party called UPND led by a person called HH, who would behave exactly the role of Tom – set a trap and fall prey yourself, set a trick and be tricked yourself.

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  14. IT WAS A GOOD START UP FOR THE STATE OF NATION ADDRESS BY THE PRESIDENT EDGAR C LUNGU THAT UPND WILL FIND THEMSELVES TO PARTICIPATE IN PARLIAMENT HENCE FORTH THEY FELT TO ULTILISE THE OPPORTUNITY TO DABATE NATIONAL AND INTERNATIONAL NATIONAL ISSUES AFFECTING

    THE SONA BY PRESIDENT LUNGU WAS THE FIRST IN THE HISTORY AND THE PRESIDENT HAS SENT A GOOD START BY GIVING OUT THE MORALITY AND ETHICAL SITUATION IN THE COUNTRY

    WE KNOW THAT IN HIS SECOND ADDRESS HE WILL ADRESS THE STATE OF THE NATION WITH REGARDS TO:

    1.HOMELAND SECURITY
    2.ECONOMY AND TREASURY
    3.FOREIGN RELATIONS AND ZAMBIAS ENGAGEMENT
    4.LABOUR AND COMMERCE
    5.GENDA AND SPORT AND YOUTH
    6.HEALTH…

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  15. AND WELLNESS
    7.STATE OF INFRUSTRUCTURE AND GOVERNMENT PROJECTS
    8.MINING AND ENERGY
    9 AGRICULTURAL AND FOOD SECURITY
    10.DEFENCE AND DEFENCE SERVICES
    11.PRESIDENT WELLNESS AND STATEHOUSE
    12.WATER RSOURCES AND ENGS VISA CLIMATE CHANGE

    THE NEXT SONA SHOULD BE A MUST ATTEND FOR UPND AS IT WILL BETTER PACKAGED AND A COMPREHENSIVE STATE OF THE NATION WELL DONE ABANE AMOS CHANDA ON NATIONAL AND INSTERNATIONAL HAPPENS WELL INFORMED I FOLLOW AND I HAVE SEEN YOU ARE SHARP KEEP IT UP

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  16. THE RELEVANCE OF UPND DEPENDS ON THE ATTENDANCE TAKE FOREINSTANCE IF PF MEMBERS WALKOUT OF PARLIAMENT TOMORROW HOW AQKWARD WILL UPND FOR UPND

    IT WAS IN THE RELEVANCE OF UPND TO ATTEND AND LISTERN TO PRESIDENT LUNGU

    THANKS CHANDA EVERLY HONE THANKS

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  17. UPND has finally fallen into the PF trap. They cant escape. Thats why like some blogger has already said, sharp MPs like Mwimbu have excused themselves. Even UPND SG has refuted the very letter he wrote. problem with the latter is that he and HH already said it in clear that they didnt recognize ECL. So that tied with the ‘fake letter’ will see these MPs lose seats.MIND YOU, there will be no recontetsing seats ka ! So HH has finnaly driven his flock of cows over the waterfalls. Have you heard GBM or Nevers comment on this ? They know ati bola yapena !!!! This kama villager from Chibombo will finish them, wait and see

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    • Oh yes HH said it including his MPs that they dont recognise Lungu so what has Lungu done? nothing why in fear that issues will be raised if taken to court. Thats where Lungu will fear to touch UPND because his win was illegal.

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  18. These UPND guys are really laughable, the way they miss points. I do not know how to describe them. Always going to a wrong direction and crucifying themselves. kikikikikikikikikikikikikikikikikikikikiki!!!!!!!!

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  19. Hold on, change is coming.

    This POLITICAL FLATULENCE (PF) we currently have in this country will soon go back to the hole it came from, just hold on.

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  20. This villager is useless, ***** don’t you know that there is no courts in Zambia? I can’t not say ukukulilila Ku Mushi kubi sana awe iwe niwe fye we cipuba sana pafibuba fyonse. Bushe muno mu Zambia mwaliba ama court? All courts are on President’s hands and controlled by PF thugs. Where on earth ungasanga baleimba ulwimbo nga mashilu my Parliament na Speaker emwali? Tala twala bakabolala Ba PF ukutampila pabakalamba babo elyo ni bamayo Ba Nkandu Luo Ba Margret..

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  21. THE PROBLEM OF UPND IS THAT THEY BELIEVE IN THEIR GOD HH. THEY WORSHIP HIM, THEY FEAR HIM, THEY CANNOT CHALLENGE HIM, THEY HOLD COMMITTEE MEETINGS IN HIS HOUSE, HIS WIFE SERVES THEM DRINKS, THEY SIT ON HIS SEATS, AND HH FUNDS THE PARTY. SO THEY ARE STUCK WITH HH. THEY CANNOT TELL HIM ANYTHING.
    HE IS THE ONE WHO HAS MISLED THEM TO THIS DOOMED END. THEY SET UP A TRAP AND HAVE FALLEN INTO IT FINALLY. I DONT THINK THEY WILL LOSE THEIR SEATS, BUT THEY NEED TO LEARN SOME LESSONS. YOU CAN STILL ATTEND PARLIAMENT BUT STILL NOT AGREE WITH ECL. MPS ARE THE ONLY VOICE THAT THE ORDINARY PEOPLE HAVE TO SPEAK FOR THEM IN THAT AUGUST HOUSE. THE VOICE OF THE VOTER CAN ONLY BE HEARD IN PARLIAMENT IF THE MP IS PRESENT TO DEFEND HIS PEOPLE, PRESENT THEIR CAUSE AND ASK FOR THEIR SHARE OF THE CAKE. BUT THE…

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    • Your God Lungu was given songs of praise in parliament something that has never happened in the history of Zambia but only this time. Lungu is cannot be feared because to fear someone there must be respect. For someone who doesnt respect the law and himself cant be feared though being a lawyer on mouth.

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  22. You know, HH and his MPs have a serious problem.

    HH and his MPs do not understand issues.

    Parliament is made of of the President and the National Assembly.
    The National Assembly is made up of elected and nominated members.

    Now, you cannot serve as MP minus recognising the President. Because which parliament are you a member of?

    The speakers is appointed and sworn in by the president, and as MP by taking an oath before the speaker and the parliament, you are acknowledging the authority of both the speaker and the president as appointing authority, and as a component of Parliament.

    Even lawyers for UPND have no understanding apart from presenting preliminaries, and failing on each of the same preliminaries. So even their advice is not worth any salt, not even fake salt.

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  23. Mumbi once said HH was being disingeneous. I think he should have just said HH, the UPND leadership as well as their layers and advisors are disingeneous.

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  24. These UPND chaps wants to divide the country, watch out! In case these MP are dropped, the next thing upnd will do is protest that they have been denied representation in parliament when on the contrary they asked for it. Such acts have potential to cause political, social and ethnic conflicts in the nation.

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  25. Lets see it’s almost a week since that walk out, what are these POLITICAL FARTS complaining about when lungu said it himself that he was not bother over the walk out by UPND MPs.

    Today Wednesday, POLITICAL FARTS are still raise point of orders over the same.

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  26. A Mukwabo from a village in Keembe area will also drag the PF MPs to Concourt for singing deregotory songs in Parliament. This is actually illegal whereas it is the Rights of MPs to walk out or boycott Parliament. We see this happening in South Africa and the rest of the World and Malema is still an MP in the South African Parliament. So why should boycotting a Parliamentary be a Crime in Zambia alone? Boycotting an injustice is a Fundamental and Universal Human Right so the UPND MPs did not break any Law.If Parliament has a Rule or Code which criminalises boycotts then that Rule or Code is unconstitutional and should be struck down.

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  27. we came togather as Zambia from NER AND NWR by crookedness and we will part company very soon into two states namely NWR and NER

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  28. Its lungu who is sponsoring this mwebantu. He’s so hurt by UPND’s refusal to recognize him. Utubantu tumbi!

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  29. This is a gutless venture into unprecedented bowels of vexatious st.upid.idy. It’s hired guns like Rabson Malipenga that must be purged from the bar for such extreme and laughable abuse of legal processes. It’s shocking to see the levels of pettiness Lungu can sink to and what a shame a vile clueless lumpen like that can be president of any nation on earth!

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  30. Maybe before crying out for respect, Lungu should ask why Bembas day “ubumfumu buchindika umwine”. You do not shamelessly rigg polls, master:bate and ejaculate on the constitutional court leaving it with diseased cum on its face and demand respect from Zambians!

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  31. There we go again like kindergarten kids wasting resources on unproductive ventures. Obviously this villager cannot afford the lawyers on this case. We tax payers are footing the bill again but honestly I don’t like my tax money being misused like this. What do I benefit out of all this?

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  32. Let us see how this partisan concourt will handle this issue as it is the same court that ruled that PF MPs who were misled by their president that they could continue as ministers even after parliament dissolved, ordered them to pay back all the salaries they continued drawing illegally. I have not heard of any single minister pay back what belongs to the people of Zambia and where was this Mumba from Mungule? When does illegality become illegal, is it when it is the opposition who have done it?

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  33. I think Lungu and his useless top PF cadres are behind this stup1t villager and lawyer’s move. The courts have not finalised the petition and so UPND have no obligation to recognise Lungu. this is what happens when you have a president being advised by thugs

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  34. Now UPNDonkeys are feeling the pitch. What is wrong with the villager taking your useless MPs to court who wants to be paid for doing nothing, thieves? Why don’t you want anyone to go to court unless if it was your demi god HH who has been in and out of courts? Mr. Speaker Sir send them on unpaid leave for one year and impound their vehicles also if at all they got them on loans. These maggots should be taught a lesson never to eat our tax payer’s money while staying away from duty.

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  35. Of all the academic and professional programs i know of existing. Law is the only useless of them all. Law does not make any sense at all. Unlike lawyers, you can not find engineers, accountants, medical doctors and others arguing over a straight forward matter

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  36. At one point I only thought that our country had gone to the dogs, but now I think it is the combination of the two, the dogs like this Richard Mumba of Chifwakula Village, Kabangwe area in Chieftainess Mungule, in Chibombo district have also come to the country. Which Con court can effectively explain the abrogation of the Constitution when there are no competent Judges and when all the three arms of Government are infiltrated by illegalities and incompetence? Just admit that we are a failed state. Period.

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  37. Moyo Ba Linda Kasonde, kanshi mulikwii?? Please guide the nation on this one. What is LAZ Position? WoooooWooooo!!!!

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  38. It is very sad how our systems are so weak that intelligent young men in the name of UPND (MPs) are completely helpless and can move like headless chickens in their own country. It is as if these guys have no senses of their own! I personally know some of these chaps (UPND- MPs) they are very intelligent and genuinine citizens, but am disappointed to see how their thinking has fallen so low just by following this man whose job and life lies only in plot one. His cows do not count, his shares in various companies do not count, even the cash earned from the sale of mines does not count. WHAT WILL COUNT????.

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  39. My opinion is that the action by UPND is not a legal matter it is a moral one. They have a right to protest in any non-violent form including boycotting parliament. They may have breached parliamentary procedure and etiquet but that is not illegal.

    Having defended their rights, now i can make a moral judgement and say, UPND MPs need to GROW UP. Protest only make sense when you are guaranteed of a result that you want. At the moment, UPND have made their point clear but their desired result is not only unconstitutional it is actually inhuman. EL won the election and has been sworn in – UPND MPs have recognized him by swearing allegency to him. Swallow the humble pie and move on.

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  40. Let not people condemn UPND including the so called senior citizen Mumba,talk rubbish unless declaring MPs is backed by the clauses contained in the constitution.Ukubwatabwatfye it will not help even the speaker takwete amaka to discipline them in any way.He failed to exhibit the powers during petition when Lungu was supposed to step down elyo kabili ba Minister impupu tababwesha indalama they used to draw and campaign for Edgar Lungu and his iron old lady.

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  41. Well done Mr Mumba.These useless mps should be expelled from parliament and fresh elections conducted .

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  42. ba chibwe @33 chipuba sana, who told you Zambia is a South African colony that we should do things like them? if RSA law allows the walkouts its because theirs laws allow and that’s fine, here in Zambia its not allowed finish. in RSA voters don’t vote for a president for example, they vote for a party and they also not vote for MPs so don’t talk things you don’t understand please, uli CHIPUBA SANA

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  43. Imwe ba UP and Down, mwanya ndeisa…. If you don’t understand anything about democracy, go back mukuchema amafi…

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  44. The constitution is the supreme law and supersedes any parliamentary standing orders or rules. The right to protest and boycott are guaranteed for every citizen even more so for MPs inside parliament have more priviledges and immunities.

    Do you believe a villager can take such extreme measures and hire lawyers? He is just being used by PF MPs who are too afraid to come into the open. We have been here before with Emmanuel Chilekwa.

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