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Thursday, August 13, 2020

Court rules that UPND MPs remain suspended; Lubinda decides to postpone some bills presentation

Headlines Court rules that UPND MPs remain suspended; Lubinda decides to postpone some...


THE High Court has dismissed an application by some United Party for National Development (UPND) members of Parliament to apply for leave to apply for judicial review of the decision of the Speaker of the National Assembly, Patrick Matibini, to suspend them for 30 days without salaries and allowances.

The 48 UPND MPs were seeking an order of the court quashing Dr Matibini’s decision for procedural impropriety, unreasonableness and irrationality.

High Court judge Petronella Ngulube said in her ruling delivered in Lusaka yesterday that there was no case fit for further investigation.

Ms Justice Ngulube dismissed all the grounds stemming from illegality, procedural impropriety, unreasonableness and irrationality.

“I wish to state that I am not satisfied that the applicants have any arguable case fit for further investigation. I am not persuaded to exercise my discretion in favour of the applicants,” she said.

She noted that she had perused the correspondence between the UPND MPs and Dr Matibini and found that there was no issue for further investigation.

On the issue concerning unreasonableness by Dr Matibini to cut their pay for the duration of the suspension, Ms Justice Ngulube noted that a decision is only irrational if it is outrageous.

Ms Justice Ngulube said from the documents that were before her court, she did not find any arguable case fit for further investigation.

On June 13, 2017, Dr Matibini suspended the MPs for 30 days for boycotting President Lungu’s address to Parliament.

“The President is the head of State and Government, and you took oaths of allegiance. By so doing, you are expected to be respectful to him and always be mindful that this is a House of honour, decorum and dignity,” Dr Matibini said.

He challenged the UPND MPs to resign on moral grounds if they are not ready to acknowledge that Zambia already has a duly elected President.

Given Lubinda Minister of Justice Chats with President Edgar Lungu
Given Lubinda Minister of Justice

Meanwhile, Minister of Justice Given Lubinda says Government has deferred introduction of certain legislation which border on the constitution to another sitting to enable the 48 suspended United Party for National Development (UPND) members of Parliament participate.

“We were to bring a number of legislation to Parliament but because of the suspended members, these will be presented in the next sitting,” he said.

He said Government has a lot of legislation that it intends to present to Parliament but that he cannot do so in the absence of the suspended members.

Mr Lubinda said the Penal Code is one of the legislation that requires all members to look at so that death penalty can be explained.

“The Constitution has the death penalty so we cannot attend to the Penal Code without altering the Constitution,” he said.

He said there are provisions in the Penal Code that also appear in the Constitution, and that they cannot be amended without amending the provisions in the Constitution.

Mr Lubinda also told Parliament that President Lungu has no intentions of committing anyone or signing death penalty despite it being in the Constitution.

He said no Zambian who is on death sentence have been executed since 1999.

And Mr Lubinda said Government will not compromise the Zambia Institute of Advanced Legal Education (ZIALE) standards as it comes up with a new campus.

Mr Lubinda said extensive work is being done at ZIALE to improve the passing rate.


    • Someone from the top hierarchy of the rulers acknowledged that Zambian Laws don’t impose recognition of the President. Parliament, which oversees that there are adequate laws to cover citizen conduct is punishing those who took advantage of the gap. Interesting!

    • For me my only issue is if we are in a democracy why are the opposition denied freedom of assembly by the government through the Police. Before and after elections the opposition have never been allowed to assemble no matter how many times they have followed the right procedure in terms of intent to peacefully assemble. That’s the only question I have as a non partisan citizen of Zambia

    • @ yvette your concern is genuine however it’s not what you think. The reason they’ve been denied is the motive behind those assemblies. Why should they be allowed if the leaders are only going to tell to go nd destroy property. All denials are bordered on security and freedom of the ordinary citizens. Yes everyone has freedom of assembly just like others have freedom to live in peace. You can have your freedom of assembly but that should not disturb my peace. Those meetings were aimed at disturbing peace that’s why they denied them that assembly. Peace is paramount.

    • We are in a reign of a dictatorship we are not surprised with happenings. Everything bad or good has supporters.

    • The Political Sycophant you should support something which endows good for the country and not Armageddon and tribalism.

  1. The MPS should cease being ones.

    Like their president they are a menace

    The law should get tougher because without UPND the country would be as safe as Scotland.

    This Mps were wrongly advised.

    I have a PhD


    • @Mushota, When will you turn from your hateful and evil ways? The moment you will do that it will help with your spiritual growth! Google Victor Zammit to receive some help!

    • @K Bwalya you are so right. She should actually subscribe to the Friday After Life Report and read it to appreciate that we all have an obligation to change from lives full of hate to lives driven by love for one another!

    • Mushota we do have a democracy in Zambia and for your imformation those MP s were elected by the people; you have a phd in backwards it seems a real dunderhead and as hateful as a louse.

  2. Indeed myopic members of parliament. Its very unfortunate for a country to have such MPs. Bushe kuba brain washed. What has the fake prayers and conference by mpundu yielded. God only answers people with right frame of minds. ECL will be vindicated one day. ecl and the national prayers yield results that are even enjoyed by useless upndonkeys.

    • @Mpedula Kayula,
      Sir if you were to check the National Assembly website you will notice that the current Members of Parliament are as follows:
      PF = 89
      Opposition = 63
      Independent = 14
      If you were to pass any Constitutional bill the PF would require two thirds of all Members of Parliament (158) which is 104. The PF do not have 104 members even if they persuaded the 14 independents and that is not likely. This is the reason they have to defer the debate on Constitutional Bills although I hope they are doing this out of decency. The measure Matibini took to suspend 48 Members is unprecedented. He probably went this far to justify his position as Speaker to PF because he was recommended to Sata by Fred Meembe.

  3. So parliament on other hand is forces not to deliberate on certain bills because of the suspended law makers,,,,,,,, Zambia…….

    • It doesn’t mean that parliament is incapacitated to debate without the mps from southern province. Parliament at the moment has enough numbers to debate and pass any bill but they just want representations from all members. Meanwhile the judge has challenged them to resign if they still insist that they don’t recognise the head of state. Yes there’s no law that compels one to recognise the president just like there is no law which forces you to mount a campaign that you don’t recognise the president. Law has to balance and this is what judges look at.

    • This is the point that UPND have missing from day one! PF have enough numbers in parliament to make changes to the constitution legally even if no UPND MP ever attends parliament, which brings into question the tired old story of the ‘stolen election’. Surely, if HH had won the presidency he would have more MPs in parliament especially from the most populous areas such as Lsk and the CB.

  4. @1.1 bawesu, Zambia has a constitution alright and Shoprite has rules of conduct for its workers. If you dont eork for Dhoprite those rules do not apply to you. Same with Parliament, the MPs swear allegiance and you don’t, so the Speaker cannot suspend from yourjob as a toilet cleaner at Pick n Pay. But there is a provision for employees to be suspended without pay in all companies and institutions in Zambia, Parliament included.
    I am amused at the shallow thinking that underfive expects you to adopt once you join the UPNDonkeys party, but I am not at all surprised since that is what we expect of donkeys.
    The Judge has simply confirmed what I have already said about (UPN)Donkeys. I hope that even as donkeys you don’t accuse her of being an easterner.

    • @Terrible! You don’t call people created in the image of GOD donkeys just because of politics. Be careful with your language, God has his own unique way of doing things. It is not PF that created the people you are calling animals. Tame your tongue for you do not know what tomorrow brings. GOD loves everyone including the people you feel are donkeys. Watch out for the wrath of the LORD.

  5. I commend the High coylurt for this expeditious disposal of the case. I wish all Judges could do the same on all these matters involving donkeys especially.

  6. Clearly the statement by Hon Lubinda proves that Zambia is indeed a democracy contrary to what (UPN)Donkeys think. But fortunately all non donkeys includung humans, monkeys, hyenas, finkubala, rats and mice etc understand this fact.

  7. The tone and language used on this fora leave much to be desired. Why cant we be civil and just debate issues/ ideas than demeaning and calling each other names. Is it really a crime to belong to a certain ethnic grouping a matter over which you have no choice? Or should you be called names for belonging to PF or any other political party of your choice as provided under our laws? The hate and venom going round here is not good for this country especially one that claims to be a christian nation. To my fellow countrymen/women HH OVAL HEAD, MUSHOTA, HaNez and others please tone down on your hate speech. you can exercise your freedom of expression without hurting anyone and your points will be well received. I thank you!

    • What pains me a lot is a situation where by the entire tribe re groups to support a party headed by there tribal mate. Non of these people will criticise the wrong of that party simply because their affliation is tribal rather than principles. The only cretin who tries to criticise them is jayjay sometimes and only 1 out of 100 comments.

    • Hate speech is bad
      I totally agree with you. But I do not agree that when bad people insult UPND then they areally insulting a certain ethnic group.

  8. Contrary to the negative lies oriented watchdog story that the upnd mps were suspended inoder to allow Pf to change the constitution, iam happy that the minister of justice has shamed these liers who are bent on causing confusion in the country through their stinking reporting…!

  9. @checkmate and Amagenge, if you think there are insults here, open the UPND sponsored sites, ZAMBIANWATCHDOG, ZAMBIANEAGLE and ZAMBIANOBSERVER, see real insults and make a proper judgement. The UPND are the leading apostles of hatred and insults in Zambia.

  10. There you are watchdog, by the way has Larry Mwitwa been brought back here in Zambia, he should come and tell us how his party UPND burnt the city market.


  12. They could not manage to miss their hefty allowances and the Prostitutes of Parliament Motel for one month…instead of going back to their area to consolidate their party and explain to their voters why they did what they did.
    Anyway this party has no strategy …

  13. All the time rushing to court. As if they are the only intelligent people in Zambia. Always getting the same result. What a shame. Who is the chimbwi no plan today??? Ku waya waya fye!!

    • These are the Real Chimbwis No Plans (CNPs). Do they even understand the laws they make? Such are the levels of dullness in our country.

    • Thats how your party has brain washed you, shame really! Such that you cant even reason independently.
      Look at the so called facts before the court before you start crying the loudest over the honorable judge’s ruling!

  14. The UPND MPs have previously stayed away from parliament without permission and now that they have been given permission to stay away, they go to court. I dont understand the rationale behind there actions. So they just want the money without attending to parliamentary proceedings. They have been exposed.

    • We had a fellow work was mostly absent from work and when he reported he report late for work. We fired him. Surprising after being fired he started coming to the plant as early as 5hrs everyday until the company police advised him to stop coming to the plant.

  15. The sooner they fire their legal advisors the better for these people!
    Such a shame that they are busy fighting for their allowances instead of the people that voted them in. Once again, please reduce the emoluments for MPs and we shall have only serious people driven to work for the people as MPs!

  16. High Court Judge Justice “Ngulube dismissed all the grounds stemming from illegality, procedural impropriety, unreasonableness and irrationality”. Could the judge be describing the 48 MPs act illegal, their quest to seek judicial review had procedural improprieties. Is the learned judge saying the MPs are unreasonable and are completely irrational?

    • you are right thats what she meant and they lost … yalibaba bwana,; kwishiba inamba uleteya mu game otherwise, mahoooo

  17. Upnd leaders and mps are losers.they are used to losing!!the earlier UPND fired their legal advisor,the better for the party because their legal team is useless!!EVEN THE TREASON CHARGE-HH IS LIKELY TO LOSE IN COURT!!
    sometimes i wonder if upnd simply enjoy wasting money,paying their useless lawyers who have never won them any case in courts!!

  18. Cry beloved Zambia PF have completely bought all judges the speaker police,military. We have to fight and get our institutions backs all these sold out judges will all be out to pave way for new fresh ones. How can we claim to be free when Lungu has basically grabbed everything from its rightful owners. I won’t shed a tear if someone eliminates him, dictators like him bring worse off poverty and he is going to make us a laughing stock

    • Kamayukwa you are one of those destroying property. You must be found so that you point out who will eliminate our legally elected President. Police do your duty on this chap threatening peace.

  19. UPND has badly de-campaigned itself. Come 2021 Zambians will just be saying, ”Remember how UPND burn’t houses and shops for Bembas in Namwala; remember how UPND burn’t the City Market and many poor people suffered and died of shock; remember how HH burn’t courts in Western Province, government buildings, remember—-, remember—— and the list will be endless.


  20. GOD help Zambians. many pride in insults…. GOD forgive us…. In my culture, insults are a taboo. As a Christian awaiting the coming of JESUS, I cant insult. I love JESUS and everyone…..
    He who insult is influenced by the evil one.
    GOD never made a mistake to create a Lozi, Bemba,Nyanja or Tonga….
    ECL and HH are not the only children of GOD . We are all GOD’s children.

  21. Never think you are superior over certain people. GOD is above all. You and me are just vapour. Today we are here and tomorrow we are gone. GOD still rule both in the Heaven and earth. You may wish to have all Tongas, Lozi, Luvales , Bemba, Nyanga or many others killed but GOD will remain the King of Life.
    Hitler killed the JEWS but where is he ? Hitler hated the JEWS to the core and sent them to the concentration camp. GOD is love.
    Hate does not belong to children of GOD.
    I will never cut someone ‘s hands or hack anyone or burn someone’s property for the sake of pleasing a mere human being. Never. Evil is evil…. I will pray for my enemies and show love to both friend and foe.
    Zambian politics is very cheap… The leaders and their supporters do not FEAR GOD and KEEP HIS…

  22. CMMANDMENTS. If they do let them forgive one another. Above all what is the President of the nation or opposition party before GOD. When GOD looks at both a new born baby and our leaders, HE regards them as equal worth dying for. No one is greater than the other. GOD take take away life for both a new born bay and our leader at the same time.
    Any leader must love GOD and man truthfully..

  23. My daughter Mushota , I call you so because I can be older than your father. I have seen days on this earth and can tell you that every thing on this earth is vanity. Without JESUS and not keeping HIS Commandment you are nothing. A life without JESUS is no life at all. I worship GOD ALMIGHTY who dwells between the cheribums. The Four beast give GLORY to GOD all day and night.the twenty for elder are before HIS THRONE. Read Revelation FOUR. This is the JEHOVAH I worship…
    Kindly repent my daughter… No human being can overthrow or demean such A BEING. HE is the CREATOR and REDEEMER….
    No earthly King or leader can do wicked act and be exempt from the JEHOVAH’s WRATH

  24. @8.1 Mwape James, I do call politicians as politicians, but UPND are donkeys in the real sense of the word. Where have you seen normal humans or politicians reason like UPNDonkeys? My calling them donkeys has nothing to do with politics, these are REAL donkeys and NOT politicians.

    • @Terrible! Humans are created in the image of God, and that is clearly stated in the book of life(Bible). Because you are PF you now feel more powerful than God. My brother, i leave that judgement to the Lord himself.

  25. Terrble you are really terrible. May GOD forgive you…You need JESUS in your life…..
    Ask your pastor or bishop to pray for you. If you are not a Christian but a moslem, ask an IMAM to pray to ALLAH to forgive you..
    If you are an atheist , Kndly repent and accept JESUS as a personal Saviour. Sometimes you may have a bad past life and you are full of hate in in your life, you must make peace with GOD first and later yourself, relatives, and community. I feel sorry for you , young man…. JESUS loves you and GOD never a created a donkey as a human being. I am praying for you……

  26. Upnd were so sure of victory that one of my friends …a district official was poised to be the District Commissioner of Kitwe. I’ve not abandoned him. I console him everyday and assure him that if God has decided for him to be DC he’ll one day make it.


  28. Useless compromised judiciary. MPs have unassailable right to protest and no parliamentary rule overides the constitution.
    These judges only know to THROW OUT legal matters they dont understand.

  29. Victory. For the people. We want peace in Zambia and political troublemakers should be thwarted by all means. Zambia is ruled by parliament and those that are unhappy with the democratic process must find alternative roles as protest groups.

  30. But fi UPNDonkeys, surely you hire lawyers to fight what you know is a losing battle. Meanwhile you even know that you have lost a month salary and allowances.
    I was gonna ask if these donkeys are normal but then I reminded myself that these are Donkeys so obviously we should not judge them from our human view point.

  31. If you look at the picture critically, you will quickly notice that you are looking at donkeys, the special breed called UPNDonkey.

  32. The upnd mps know to well that being in parliament or not the fact is they can do anything in terms of passing any law unless pf deem it fit otherwise there intlst is money ,wat do expect frm minority mps

  33. Proverbs 3:30-33New International Version (NIV)

    30 Do not accuse anyone for no reason—
    when they have done you no harm.
    31 Do not envy the violent
    or choose any of their ways.
    32 For the Lord detests the perverse
    but takes the upright into his confidence.
    33 The Lord’s curse is on the house of the wicked,
    but he blesses the home of the righteous.

  34. Terrible, that is why they cannot understand that the petition was not heard because of their OWN FAULT. You wonder what type of people they are. Case dismissed with costs,teach you a lesson.

  35. This United Party For National Distraction ( UPND) is gone. It has been exposed. We give glory to God.

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