THE Lusaka High Court has rejected Chishimba Kambwili and UPND Mazabuka Central MP Garry Nkombo’s application to join a case where two private citizens have sued the Attorney General over the Speaker’s decision to table the impeachment motion of President Edgar Lungu.
When the matter came up for ruling yesterday, High Court judge Banda Bobo refused to join the duo on grounds that they, despite being the movers of the motion, do not have sufficient interest to warrant them being joined.
Judge Bobo said the two were forum shopping by seeking to be joined to a judicial review on impeachment on matters that were already before the Constitutional Court.
Mover of the motion; UPND Parliamentary whip, Nkombo and Roan MP Kambwili being the seconder, had asked to join the case on grounds that any decision which would be arrived at would affect them.
But the applicants, Mr Robert Chabinga and Mr Henry Mulenga urged the court to reject Mr Kambwili and Mr Nkombo’s application.
They argued that Mr Kambwili and Mr Nkombo had not demonstrated their interest in the matter, adding that their application for joinder was anchored on a wrong provision of the law.
The applicants said for a party to be joined, they must demonstrate that they were entitled to or share interest in the subject matter of the suit or are likely to be affected by the results.
They argued that the fact that the motion movers may be affected by the decision of the court does not give them sufficient interest or authority that entitles them to be joined to the proceedings.
The applicants said the Attorney General was already party to the proceedings because he was the custodian of matters that were of public interest.
The applicants challenged the two parliamentarians to state whether they are opposing, supporting or wish to join as friends of the court.