UPND Member of Parliament Gary Nkombo and his Roan counterpart Chishimba Kambwili have applied to the Constitutional Court to join the case in which two known PF supporters, Robert Chabinga and Henry Mulenga have commenced Judicial Review proceedings over the motion to Impeach President Edgar Lungu.

This is after PF lawyers led by Lewis Mosho and others commenced the action with a view to quickly entering into a consent judgment with Attorney General Likando Kalaluka to have the impeachment motion quashed by Court before Members of Parliament even get an opportunity to debate the motion.

With Mr Nkombo and Mr. Kambwili joining the proceedings, such a move will be prevented.

The matter is now before Judge Banda Bobo.

Tuesday, THE Lusaka High Court has halted the impeachment of President Edgar Lungu following a challenge against the Speaker’s decision to entertain the motion.

The Applicants, Robert Chabinga and Henry Mulenga say the Speaker’s decision to accept the motion of impeachment was unreasonable, procedurally improper and illegal.

The decision they said was tainted with procedural impropriety, because the issues raised in the impeachment directly touched on matters that were actively before the courts of law making it illegal, unreasonable and procedurally improper.

Mazabuka Central Garry Nkombo.
Mazabuka Central Garry Nkombo.

The applicants are being represented by Lusaka lawyers Mr Hobday Kabwe of Hobday Kabwe and Company, Mr Lewis Mosho of Lewis Nathan Advocates and Mr Kanja Mpundu of Palan and George Advocates.

They noted that parliament could be challenged in court when it made decisions that impinged on constitutionality and that the National Assembly was not meant to shield itself with privileges which glaringly undermined the constitution.

The rule of law they noted provided for the control of public power including judicial review of all legislation and conduct which was inconsistent with the constitution.

In her ex parte order for leave to apply for judicial review granted on 4th April, 2018, Judge Bobo Banda granted the application for leave that was to operate as a stay of the decision of the Speaker of the National Assembly to table the Notice of Motion presented by Mr Gary Nkombo and Mr Chishimba Kambwili to impeach the President pending the full determination of the matter or until any further direction by the court.

The Applicants noted that any act or omission that contravened the constitution was illegal. The motion was such act.

This was because the motion of impeachment dealt with grounds that were still being determined by another arm of the government which were the courts of law and were therefore sub judice.

Failure to observe this fact was prejudicial.

They argued that the Speaker’s decision to table the motion was unreasonable in so far as the Speaker should have known some of the issues raised were before the courts or irrelevant as they related to decisions made by independent organisations such as Kawambwa Tea and ZAFFICO operating under the Industrial Development Corporation (IDC), which entities were audited by the Auditor General and were therefore accountable to the central treasury.

They also said that the motion was unreasonable because all the signatories who appended their signatures were members of the UPND, hence the Speaker should have exercised reasonable observation of partisanry.

They also said the motion was illegal, null and void because the Speaker should not have entertained receipt and notice of matters that were either awaiting determination under various causes before the courts, or indeed were not of sufficient gravitas to warrant the impeachment of a sitting President.

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65 COMMENTS

  1. Separation of powers. There’s no court that has the power to stop the motion. Dr Matibini has ruled on several operations. Such ignorance, illiteracy or rejection of knowledge should be the characteristic of Zambian leadership. FACE IT!

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    • ZAMBIA SHOULD DE-REGISTER PARTIES WHOSE LEADERS ARE CHOSEN ON THE BASIS OF TRIBE
      HH WAS CHOSEN PURELY ON THE BASIS OF TRIBE
      IF YOU DENY YOU MIGHT AS WELL SAY YOU WERE NOT BORN.: WHICH IS A LIE.

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    • AWAY FROM THESE ISSUES, EPL(ENGLISH PREMIER LEAGUE) ARE INDEED S..THOLE REFEREES NO WONDER FIFA DOESNT TAKE THEM SERIOUSLY. THESE AMATEUR S..THOLE REFEREES HAVE RUINED MANY TEAMS DREAMS AND YESTERDAY IT WAS JUVENTUS THAT SUFFERED THESE S..THOLE REFEREES DOGGY JUDGEMENTS. REFEREE OLIVER, A VERY LOW QUALITY LOW LIFE SENT JUVENTUS INTO TEARS.

      THE EPL IS NEVER WON BY THE BEST TEAM BUT BY ONE SUPPORTED BT THESE S..THOLE REFEREES. OUR OWN JAN SIKAZWE IS 2MILLION TIMES BETTER THAN THESE EPL S..THOLES. HOW AN YOU REFEREE A WORLD UP GAME IN THAT MANNER. THE REFEREE WAS JUST JEALOUS THATTWO ITALIAN TEAMS WERE GOING TO GET TO SEMIS AND POSSIBLY ELIMINATE THE ONLY REMAINING S..THOLE ENGLISH TEAM.

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    • Another reason why I support this motion that I initially thought was a waste of time…when you look closely at the PF men; two known PF supporters, Robert Chabinga, Henry Mulenga and their lawyer representatives Lewis Mosho you will find that these men are the ones benefiting from this stinking corruption…they are not mere members who are paying these legal fees out of love for the Zambian people.
      This is the PF that wrote off this motion two weeks ago but now its in overdrive thinking of ways to derail it…imagine if the put this much effort in improving the the economy and reducing debt they have heaped on our Grand children.

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    • Mr President EL tell us your Background, Well, I was born in 1953 at Ndola central Hospital, Then i went to Mukuba secondary school.
      What a gap, Where is your Primary School, Or your Teachers, Or your Primary Class mates ?
      Where are your neighbours in Ndola, Your Childhood friends ?
      Where are your father`s work mates or associates, Where is your village ?

      Zambia wake up your are being ruled by a FRAUD. EL has lied to his employers and broken the constitution, He should resign and be arrested. PERIOD

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    • This is no longer a tropical storm. It’s a category one hurricane. It is a blizzard.

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    • I wish to add a few lines to this excruciating debate, of course, first of its kind in the Republic of ZAMBIA. We have not have had any impeachment motion come this close in the history of Zambian National Assembly!
      I urge the Honorable Garry Nkombo and Honorable Chishimba Kambwili plus all those gallant MPs on and/or off official record to not waste this opportunity on account of legal technicalities. The Breaches they have laid before Parliament must be debated on their merit by all elected MPs.
      We want to hear the Merits and Demerits of these purported breaches in the interest of Law and Constitutional Order.
      He who alleges must provide facts and thereafter defense is entered on MERIT.
      Hon Judge A.B Boobo must not deny Zambians the opportunity to be informed of the alleged…

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    • CONTINUED……Please reflect on, but not limited to, the following;
      1. Articles 86(1) and 87(2) The Constitution of Zambia,
      2. Section 34 of the National Assembly (Powers and Privileges) ACT, CAP 12 the Laws of Zambia, and
      3. Article 9 of the Bill of Rights of 1689
      There are many authorities and precedences at Law within Zambia, Commonwealth and the International Bar; LAZ help the the Country for Public Good,

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    • GENUINE ARGUMENT SO LET THE COURTS HAVE THEIR TAKE. YES THEY HAVE NOT RULED AND THEY ARE STILL DELIBERATING ON SOME OF THE ISSUES THE SO CALLED IMPEACHMENT IS CITING.
      €€€€€€€€€€€€€€€€€€€€€€€€€€€€€
      Wonders shall never end with these UPNDEADs/NDC wolves. The president put in power by the elite Zambian electorate will go on until the end of time to 2021. Let the drama unfold. Kikikikikikikukukukuku. Pwahahaha.

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  2. CORRECTED VERSION

    Separation of powers. There’s no court that has the power to stop the motion. Dr Matibini has ruled on several operations. Such ignorance, illiteracy or rejection of knowledge should not be the characteristic of Zambian leadership. FACE IT!

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  3. Is Kambwili okay Now? He should be taken to court so that he start fainting again. The money for kambwili will be eaten by doctors and lawyers only. Umulembwe wacipuba upwila muli tufwe

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  4. PF in its responses the last few days has been emphatic and optimistic. What are they scared of now? But I like the growing catalogue of abuse of power and constitutional breaches that PF continues to amass. What will they say about the opposition in 2021 this time around. Scared kittens

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  5. Kambwili is not doing it out of principles but out revenge. Always look out for tomorrow just like he warned that young Post reporter ” Don’t be used by Mmembe because he’ll use you and ditch you and you’ll come looking for a job. …”. Besides I don’t think Kambwili even knows anything about the grounds of the motion. …just like joining a crowd shouting “thief, thief” only to discover they’re making a film but by that time you’ll have injured someone.

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  6. Think the motion should not be stoped by anyone or by any means to prrve way for proper judical review

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  7. Haha ,Zambian politics is always a comedy of Phd’s (pull him down)
    Sorry Mushota ,not your fake Phd version.

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  8. AND YOU EXPECT THE CONCOURT TO ALLOW PARLIAMENT TO DEBATE MATTERS THAT ARE ALREADY BEFORE IT? THIS IS GOING TO BE A MERRY-GO-ROUND UNTIL 2021, THE LAWYERS FOR HH WILL AGAIN PULL A SURPRISE ON THE ELEVENTH HOUR AND DESERT HIM, AS THEY DID DURING THE ELECTORAL PETITION HEARING.
    TIME IS OF ESSENCE HERE. IF THE UPND THINK THAT THEY ARE TRYING TO CORRECT SOME PERCEIVED CORRUPTION IN THE PF, THEN THEIR BEST OPTION IS TO PLAN TO HOUND THE PF FROM POWER IN 2021. DEVISE STRATEGIES THAT WILL CAUSE THE ORDINARY VOTER FROM CHIPULUKUSU, MUNUNGA ETC TO LIKE THEM. NOT THIS IMPEACHMENT, PETITION, GOING ROUND THE WORLD DISCREDITING ZAMBIA, DISCREDITING THE UN ENVOY, INSULTING JUDGES ETC. MIND YOU DAVIES MWILA IS BUSY CAMPAIGNING AT THE GRASS ROOT. THOSE NUMBERS OF SUPPORTERS HE IS GATHERING SLOWLY ARE…

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  9. -CONTINUED-………THOSE NUMBERS OF SUPPORTERS HE IS GATHERING SLOWLY ARE GOING TO WRECK HAVOC IN THE UPND CAMP AS PF WILL HAVE GARNERED THE 50%+1 WHILE YOU KEEP TROTTING TO AND FRO WITH THE IMPEACHMENT BAGGAGE OR IS IT GARBAGE.

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    • CHISENGA,LEAVE THESE DULL UPND CHAPS.THEY WILL WAKE UP AT THE ELEVEN HOUR.MCS NEVER USED TO GO TO COURT BECAUSE IT IS A WASTING OF TIME.
      ELECTIONS ARE WON THROUGH THE BALLOTS AND NOT GOING TO THE COURTS.
      WHY CAN’T UPND LEARN SOME FROM THE LATE MCS AND PF ITSELF HOW THEY CONDUCTED THEMSELVES WHEN THEY WERE IN OPPOSITION.
      I SALUTE WYNTER KABIMBA AND REMEMBER YOUR COMMENTS IN THE POST SOME TIME BACK WHEN YOU SAID THAT UPND IS NOT A POLITICAL PARTY BUT JUST TRIBAL GROUPING.
      THEY ARE NOT INSPIRING ME WHO HAS NO PRESIDENTIAL CANDIDATE IN 2021 AND THEY HAVE TO CONVINCE WHY I SHOULD VOTE FOR THEM.

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  10. Raila Odinga of all people came to his senses and went back to dialogue why? Because only then can you put a govt to task.You cant provide checks and balances when you keep contesting election results, the Late Great MCS in 2008 after losing rigged elections complained bitterly but focused on puting the MMD govt to task, he highlighted the areas where the MMD govt failed and as a result he got a landslide in 2011.UPND for some reason keep failing to see this, what magic formula will give them a different outcome at the courts? Their legal advisors starting from Mweembu to Mushipe are all failed lawyers with dismal records (they have lost more cases than won). Not only was the 2016 election contested but even 2015 by election as a result there is no one to put govt to task as a main…

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    • Sata and PF were allowed a landslide because MMD and RB respected the rule of law and allowed the opposition somewhat free democratic space….but now the PF in power is lead by shameless thugs who have no respect for any law…..

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    • Ba Spaka, if I remember correctly you mentioned that Rupiah wanted to rig the election against Sata. Refresh : someone had mentioned that Sata never complained that the election was rigged after winning. Please don’t shift goal posts.

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    • wrong ndanji…..never ever wrote that…..there are no goal posts to shift, they are being stolen by lungu and his gang.

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  11. If the Courts will determine what is to be debated in Parliament and Veto the debate then Parliament is dead and we don’t need it. This is just an Impeachment Motion which should be handled in terms of Parliamentary Standing Orders. No Court should interfere with the work of Parliament otherwise where lies separation of Powers between Parliament and the Judiciary? The Executive and Judiciary should leave Parliament to deal with the Impeachment Motion in terms of its own Rules. No wonder the Speaker of Parliament did not takeover Power from Lungu during the Presidential Hearing Process in 2016. What goes round will come around. Lungu’s time in Power is running out.

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    • Don’t forget the speaker has been challenged in courts over Keith Mukatas seat. Independence of the arms of government is relative. ..right now Kambwili is protecting his parliamentary seat in court.

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  12. Ctn… Not only was the 2016 election contested but even 2015 by election as a result there is no one to put govt to task as a main opposition. UPND you are doing a dis-service to your supporters a sign of pure selfishness, in that you would rather Zambians suffer, you would rather not highlight areas govt should change because you want to see the State crumble and Zambians to suffer this is the same mentality seen in the Bible of two mothers that brough a baby to King Solomon in the case of Zambia however it appears both mothers are the wrong chaps. What a sad situation.

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  13. Correction …UPND Legal Advisors are failed lawyers…. with an exception of Vincent Malambo – Malambo has the best record of winning cases and is a seasoned constitutional lawyer but I doubt he is forcing matters here. Its a sad case of a horse doing what its master tells it to do.

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  14. Do you really consider UPND as an opposition party worth noting? I dont! Lets face it, thats just a club full of tribesmen with the chief shepherd who survives on manipulating them through lies, falsehood and deceit. This HH imposed himself at the thrown of UPND through shortcuts and money he stole and no wonder they shall remain in political dustbin.
    HH and UPND keep attacking President Lungu that he has no vision, but the question that we all ask is what is HH’s vision? NIL. The man ha been losing presidential elections for perpetually and yet he has not defined what he stands for, no message, no vision either personal or collectively as a party. Thats why we see him keep trying this and that but to no success. How can a person who calls himself an economist oppose infrastructure…

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  15. contd
    Thats why we see him keep trying this and that but to no success. How can a person who calls himself an economist oppose infrastructure development like roads, hospitals, schools, airports, hotels, housing complexes? Just how, he has manged to get away with his lies, only T0ngas know.

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    • Truth is HH is the man of the moment. Those things about tribe are just your siiily imaginations. That line of campaign against HH wont work this time around. What with desputed EL origins. Bembas are voting HH this time around. Mukalila…………..

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  16. What happened to we have the numbers and the motion is a BID? Even if this one is quashed, another impeachment motion will emerge. Just debate it. Dont kutina!

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  17. LOL HH must find another strategy (if he has ever had one)…almost two years down the line still in the courts with sooooo many cases. pa last he will become part of the court furniture LOL

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  18. Time to strategize for 2021 being wasted by the perpetual losers. I wonder what excuse they’re going to lose not just to PF but probably even to cool head Sinkamba.

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  19. What is the use of parliament if a constitutional right can be stoped in courts ?

    We are told almost daily that they have the number…..that everyone of them is behind lungu ….yet they are failing to prove lungus popularity among his own MPs by blocking this motion….just like they failed to prove the election results by blocking the petition…..

    We have said this before, lungu can never win any free and fair vote….never.
    If this impeachment vote was not in parliament those MPs were going to suffer barbaric violence at the hands of kapoyongo and lungu and their thugs…

    As they say , when an alleged rapist refuses a DNA test , he knows something….

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  20. PF have numbers why are they scared. Serenje MP and Given Lubinda Zayelo told as that the motion is a Brought in Dead (BID). So why go to court to fight a Brought In Dead (BID) thing. I can smell something fishy here. just thinking.

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    • Does it mean if a small person comes to hit you, you’ll let him do it without protecting yourself? Besides this impeachment nonsense is just another trick by your lizard to distract the government from real issues.

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    • Hehehehe ba ndanji…

      Let the popular leader prove how popular he is badala….that is among his own MPs…..why ducking and diving when you claim have the numbers ??

      If lungu can not be trusted to let his own PF MPs vote to show confidence in him , then he wants to print ballot papers in Zambia ?? And he is insisting on a local morbid body take over dialogue talks ??

      Come on….badala…the man dosent even trust his own shadow…

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    • Ndanje relax. The temperature sure rising. We want to hear the allegations so that we decide full stop. What are you fearing?

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    • Kindly calm down. The issue is in court. The speaker will not skip Court determination on the matter. Rule of law bondate.

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  21. Yes, PF is scared that if the motion is allowed to be debated in parliament, a lot of issues will come out to the jeopardy of the president. UPND are clever, whether you call them under 5. On this one, they have scored BIG.

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  22. Its quiet easy to be a lawyer on a blog site but not so in real life. Our Party had a good case to cause a rerun our representatives got bogged down in legal gymnastics including seemingly simple issue as who to give the summon….the rest is history all they needed to do is make a case in just two areas and leave the other 92 mwam something claims and 2000 witnesses they paraded….anyway we wont say…’we told you’….

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    • Institutions are avoiding extremely cooked up precedence for our Country. Calm down and let the Courts decide.

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  23. Unbelievable! These guys now have the power to determine the merits of what should or shouldn’t be debated in parliament. Where did they get such powers from? And a court entertaining such s!lly and abuse of court system should have their practising licence revoked. This is not for the Concourt to determine. Gosh the motion hasn’t even been brought on the floor for debate yet so where did they even get the motion document from when it hasn’t been released publicly yet? Total abuse of the court process and abuse of the separation of powers.

    These are the types of issues sleepy LAZ should be stepping in to stop and provide public guidance.

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    • “….These are the types of issues sleepy LAZ should be stepping in to stop and provide public guidance….”

      You do not understand….everyone is afraid to oppose PF incase their caders are set on them while police watch….that how much lungu has rottenised and corrupted all systems in Zambia…..the treat of violence from PF is ever present

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  24. Lungu cadres are not sleeping. He is tossed. Now they are running everywhere to look for cover. Chiluba did not enjoy his loot. We shall make Lungu’s life even harder than Chiluba’s. Lungu is a thief and pure criminal. This impeachment is to bring out all the crimes and corrupt acts to the public on the protected parliamentary floor. People must hear what we have found through research and private investigations. Bye bye kawalalas. And anyone who protects and stands by a thief, must be a thief too. Jail is waiting for the Lungu family. Receiving and not reporting criminal activities is a crime.

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  25. If Lungu and his looters were really convinced they had the numbers in parliament to prevent his impeachment, there is no way he would hire rotten skanks like Robert Chabinga and Henry Mulenga to commenced Judicial Review proceedings over the motion to impeach his sticky “Malawan” back side. Fellow Zambians, this lazy clueless Malawan pretender realises he is in pretty treacherous territory here. It’s unprecedented to my knowledge to have a President who knows he is secure to try to prevent what literally amounts to a vote of no confidence in him in parliament. Surely, Dununa Reverse Jameson Lungu Blantyre must have been seen or was presented evidence that is hugely compelling to take a step like this.

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  26. Lungu can run, duck and dive but like Mugabe, Zuma and of course Kenneth Kaunda, you cannot hide. This Lungu episode is going to end up very badly and I for one fear for his life. It’s unprecedented that such a diseased alcoholic and lazy bum ever rose to be president of any country in the universe. The man is clueless and the damage he is doing to this country is collossal. Her must with immediate effect be imp[eached and thrown into jail, mambala mwine Malawi uyu aya saana!

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  27. Let this go to the national assembly. UPND does not have anything else to go on. With the socialists stealing their thunder last week, they needed something to keep them relevant. They are losing capital everyday.

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  28. The grounds for impeachment is very clear why object if numbers are on your side and if at all it will pass Veep Bo Wins PF will assume Presidency. Give us the opportunity to see our MPs understanding on this matter.

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  29. The question is, didn’t upnd lawyer who drafted the impeachment motion know that most of the reason the lined up were active before the court? If they new then they were trying to undermine the other arm of governmen,tthe Judicially. Why now talk about separation of power when same people wanted to bring matters before court. Double standard at it best. If you don’t know the speaker is very happy for the help from court is Upnd had unripe it’s rabid dogs on him. If he denied them on the basis that that matter where still active before the courts the would have labeled him biased especially that they asked his to rescue himself from the impeachment. I was also of the same view that the motion was ill conceived.

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  30. I LIKE THE WAY GARY NKOMBO LOOKS. HE LOOKS VERY CONFIDENT AND EDUCATED. BUT UNFORTUNATELY FOR HIM. HE MAKES VERY SERIOUS ERRORS, MISTAKES AND BLUNDERS AT LAW. LOOKS CAN DECEIVE INDEED. HE IS LIKE “CHISHIMBA ABWELA KU CONGO”

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