Mr Nkombo, the UPND chief whip has since asked the Constitutional Court to dismiss a petition where a Kabangwe resident is seeking the declaration of their seats vacant and let the National Assembly handle the issue.
He said on behalf of his fellow MPs that Richard Mumba, could not ask the court to declare their seats vacant for breaching the oath by not attending Parliament because it’s a preserve of the National Assembly to deal with the matter.
Mr Mumba of Chief Chifwakula’s Village in Chibombo wants the court to determine whether or not the 52 by staying away from the National Assembly on March 17,2017 without reasonable cause, When President Edgar Lungu was scheduled to attend and address the house abrogated the constitution.
Mr Mumba wants the court to also declare that the 52 MPs are not eligible to re-contest their seats, once they are declared vacant.
He wants a declaration that MPs are bound by the Constitution to attend the National Assembly and be addressed by the President Mr Lungu whenever he attends and addresses the National Assembly.
But in their affidavit in support of their defence, the 52 MPs have argued that throughout their stay in Parliament, they have at all material times performed their duties in accordance with the will of the electorate and in accordance with the duty imposed on them by the Constitution.
Mr Nkombo further argued that, if anything, Mr Mumba did not have the Locus Standi to move the motion in court, as such his application should be dismissed.
“That even assuming that the petition was properly before this court, there remains no basis for the granting of the reliefs sought as the actions of the respondents were well within their constitutional rights and did not amount to the violation of any constitutional obligations on their part,” Mr Nkombo said.
Mr Nkombo said that the petition should be dismissed because Mr Mumba had not disclosed any alleged violations of the Constitution by the MPs.
He contended that under the laws and standing orders that govern the conduct of parliamentary business and of parliamentary processes in general, the National Assembly is capable of regulating its own affairs as required under the Constitution.
Mr Nkombo stated that it was for this reason that following the event of March 17, 2017, several points of orders were raised on the floor of the house.
He said the points of order were to be dwelt with by the National Assembly in accordance with established processes and procedure of the house.
Mr Nkombo said that the 52 MPs were written to by the clerk of the National Assembly setting in motion the established processes and procedures of the house aimed at regulating the conduct of the business of the house .
He said that the matters that Mr Mumba sought to be determined by the court stood to be determined by the National Assembly in its decision on the points of order.
Mr Nkombo said that the action comprised in the petition is, in effect, seeking to usurp the functions of the speaker of the National Assembly and should be dismissed.
Yes they have aright to walk out and the villagers whom PF used should be told so and slapped with a fee for wasting court time
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A Ugandan National writes;
Dear Zambians, greetings;
His names are Col Dr Kiiza Besigye. He is the Main Oposition leader in Uganda. He has Contested 4 times against Uganda’s Dictator Yoweri Museveni. Out of 4 times he was denied presidency 3 times through open Election Malpractices. He has been arrested more than 300 times with out reason. He has been going to courts every month for the last 10 years for no CASE.
HE IS A TRUE PATRIOT HE HAS NEVER GIVEN UP.
DICTATORSHIP IS REAL NEVER GIVE UP ON YOUR COUNTRY, EDGAR LUNGU WILL SOON FALL LIKE OTHER DICTATORS IN THE WORLD. CONTINUE PRAYING FOR HH.
By Mustapha Nyan Jammeh
KAPMPALA – UGANDA
Why do upnd supporters behave like day old chicks? Is there any dictatorship in Zambia? My word, are these people living in Zambia?
Dear Misinformed Ugandan,
Unlike in Uganda, Zambia has a fully functional multi party democracy and we have been going for elections every five years since 1991 (that is for the past 26 years). We have been choosing who leads us and have confidence in our ever improving electoral system that has switched from incumbent to opposition twice. Unlike your country which has been ruled by one person for over 30 years, we have had 5 presidents in 26 years. In 2026 the current president will not be eligible to stand as his tenure expires; hence we shall choose another leader of our liking. hh started contesting elections in 2006 and we have REJECTED HIM, not by rigging, through the ballot five times!! In 2006 he was third, 2008 third, 2011 third and only became second after his current cadre…
…nevers mumba destroyed the second largest opposition MMD. There is no chance of dictatorship existing in Zambia as we have a functional and independent electoral system that doesn’t exist in Uganda; We have further given ourselves a new constitution which consolidates the function of the judiciary and further limits the powers of the executive. You see us Zambians in 1991 outrightly rejected dictatorship and that problem is a dead issue as our democracy continues to grow. Unlike you Ugandans who have failed to reject Museveni and tolerate him, we Zambians have a record of rejecting undemocratic tendencies as we also did with Chiluba’s third term bid. We Zambians know that hh is not the only opposition Zambia will ever have as great people like Mazoka, Sata have set examples of…
…opposition and many great sons of Zambia are there to take these great leaders’ mantle. So rather than support lawbreakers who want to undermine our freedoms, you ought to be ashamed of yourselves for accepting to be ruled by a dictator all those years while you sit and let it happen and place your faith in a single opposition person as if no one else in Uganda can lead the opposition!!
panyo
Richard mumba a pf sponsored cockroach who had no understanding of his his own countries constitution which has clearly stated freedom of movement belief and speech. Please let him cite the law which says walking out of an illegal president’s address is illegal to warrant seat been made vacant. Silly ape
Richard mumba a pf sponsored rat who has no understanding of his his own countries constitution which has clearly stated freedom of movement belief and speech. Please let him cite the law which says walking out of an illegal president’s address is illegal to warrant seat been made vacant. Silly ape
Chipenzi at it again!
Bembas love chaos. That’s what this Mumba is about. No sense, no reasoning capacity. Just talking nonsense. Although I would love to see the impact of 53 by-elections on the broke ass PF govt. They may resort to begging for toilet tissue for State House from donors.
Let the constitution court and the high court finish determining election petitions.
Which Court is this? Is there no way to screen such cases b4 the Registrar of the Court accepts them for Trial? This case is frivolous and a waste of the Court’s time and financial resources. Does it mean anybody can just Petition the banning of MPs from Parliament? MPs are elected to Parliament and there must be a procedure for removing them. Why should a PF Cadre have the Mandate to get these 52 MPs ejected from Parliament? Under the Bill of Rights these MPs have got Rights to boycott a Parliamentary Session,to speak, to go to church,school etc of their choice. It is their Constitutional Right to protest an injustice. Period.
But these upnd ba.stardz promised NOT to walk out again when they were cautioned for the first walkout. Where they lying on oath
But these upnd ba.stardz promised NOT to walk out again when they were cautioned for the first walkout. Where they lying on oath
KEITH MUKATA IS ENJOYING BY DEFILING UPND directive as a stand alone soldier for CHILANGA, EVEN THOUGH HE SHOT AN OLD MAN AGED 63 ,PF shall protect him cos. we need that Chilanga seat
You Pathetic Fascists, the death of an innocent man means nothing to you and is a source of jokes? What a disgraceful party.
The Chief Justice is reported to have said that Zambia is in a mess and heightened political Tension becoz of the three misguided muskateer Judges at Concourt who mishandled the Presidential Petition. This Court needs to be reconstituted and made accountable to the Chief Justice. Instead of hearing the Petition Concourt erroneously and illegally dismissed the Petition when they have no legal mandate to do so. This Bungling PF-MMD Court could mishandle this case and eject all the 52 UPND MPs from Parliament and cause another political crisis in Zambia. This is part of Lungu strategy to eliminate opposition in Parliament and pave way for his One Man Party Dictatorship Project. This case should not be taken lightly becoz we are dealing with an Angry Dictator who arrests opponents for…
…hee haww, hee, haww…who brought donkeys here again???…
dogs like hh shod be hugd
Zambian Citizen. You are truly Zambian and an intelligent Zambian. I like the way you have outlined it.
Ba NEZ or what ever you call your self. We do not need quote a Constitution to tell you that the behavior of your few MPa in parliament was uncalled for!
Imagine you are staying at a house and you differ with your wife, and your are so broke, then your wife buys food for the house and you refuse to eat that food when ever your wife is in the house, immediately she leaves you ask for the same food!!! How foolish of you baba, it is the same food baba nothing has changed iwee kwindi……for as long as she is around you rfuse to eat it and immediately she leaves you ask for the same food…….shame on you!!!!
Zambian citizen is exercising his right as a PF cadre as NEZ as UPND cadre… Do not worship your leaders….. Zambian citizen calls other people created in the image of GOD as donkeys… Who is he before GOD? Typical of man full of hate.
anyone who truly worship JEHOVAH can never insult others for LUNGU or HH. Never….
Mustapha, nakushangaa bwana ndugu , sijui kama ni elemu ndogo au ni asila isio kua na mpaka. Sis hatujakuambia kwamba apa kuna dictator mtawala, kama uko kuna mmoja usijumlishe kwamba wako nchi zote , laasha ! Raisi wetu kasha kubalika nchi nzima isipo kua kwa mpenzani mmoja. Na unajua kotokubali ndomana ya upenzani. Jipiganie vitako uko kwenu nasi tuta jijali kwetu. Kwa heri
Missing Parliament is endorsement of dictatorship because bad laws may be passed in your absence. Yes it’s your right but also your responsibility to protect your electorate and the Republican constitution. Staying out is betrayal of the highest order.
There is no passing of law when the “suspect illegitmate president” is in the house. The fact of the matter is Lungu cannot and will not manage to force people to acknowledge him as the true winner of the 2016 elections. It will not other than through an impartial judgement.
@true Zambian keep on dreaming and living in utopia.
Mr Mumba did not have the Locus Standi to move the motion in court
@Allepo let the court decide on that.
Let the Dreamers continue Dreaming in 2006 he came out 3 , in 2008 he came out 3, in 2011 he came out 3, only in 2015 and 2016 this tells me that the head is not upright we need to change the Head why am I saying so because MPs are winning when the MPs are winning it means there is possibility to a party to be in government, I remembered in 2001 Mazoka came out 2 meaning the Head was okay only time did not favour on Him there things that one can false to have them and there things that we not false, not all of us will be presidents not all of us will be Ministers, MPs,Directors,Managers,and not all of us will be Gardeners or maids in the Bible it’s written NOT all of you to be come Teachers, pastors, prophets
Ugandans selling 2nd hand motor spares and tyres have forgotten why they are here. Another was busy campaigning for Jereman among farmers using Dynalab. If he goes far we will smoke him out
Well done Kabangwe resident . Please Courts, nullify these peoples seats. They don’t serve their constituents but their master HH. It’s because of that they walk out not because their constituents have requested they do that. It is not because of conditions in their constituents areas they do this.
Yes, it is in their constitutional rights also to FORFEIT their pay! Jokers!