Former Roan Member of Parliament Chishimba Kambwili has discontinued a petition he filed last week in the Constitutional Court to ask it to declare and order that the Speaker of the National Assembly, Patrick Matibini’s declaration of his seat vacant is null and void.
Mr. Kambwili has however, filed a fresh motion in the Lusaka High Court seeking leave to apply for the judicial review to challenge Dr. Matibini’s decision.
He wants the High Court to grant him leave to apply for judicial leave, for it to order and direct that Dr. Matibini’s decision of declaring the seat vacant be stayed pending the determination of the matter.
Mr. Kambwili who has sued the attorney general and Electoral Commission of Zambia further wants the court to declare that the purported decision by Dr. Matibini to declare his seat vacant does not conform with the Laws of Zambia and as such is not only undemocratic but also
illegal, unreasonable, procedurally improper and unconstitutional.
He wants the court to quash the decision of Dr. Matibini purporting to declare his parliamentary seat vacant and also to quash the decision of ECZ appointing April 11th 2019 as the date for a by election in Roan parliamentary constituency.
Mr. Kambwili wants the court to further prohibit ECZ accepting the nomination papers from the aspiring candidates.
He has stated in his affidavit verifying facts filed in the High Court principal registry yesterday that he was until February 27, 2019 the duly elected MP for Roan constituency until when the same day Dr. Matibini declared his seat vacant on allegation raised by way of point of order by Malambo MP, Makebi Zulu who is eastern province minister on February 21, 2019.
Mr. Kambwili stated that he came to learn of Dr. Matibini’s ruling through various but verified news reports that he was of the view that as he was offering consultancy services to the said NDC party, his role was then akin and /or similar to that of a party President, chairman or an individual holding a leadership position in another political party, namely the NDC.
He stated that to date, he has not received any correspondence from Dr. Matibini nor the clerk of the national assembly in the usual manner of written communication whenever a need for communication has arisen.
Mr. Kambwili stated that he also came to learn of by election to elect a new MP for Roan constituency scheduled for April 11, 2019 through the ECZ which has further appointed and prescribed March 14, 2019 as the date to lodge complete and attest statutory declaration and nomination papers filing by all aspiring candidates.
He said that he was fully aware that the notion of being a consultant engaged by the NDC was at all material times the subject of active litigation before judge Mopani Kawimbe by way of counterclaim, a matter which has to date allegedly not been presided over by the court and awaits a hearing date.
Mr. Kambwili submitted that he believes that Dr. Matibini in his ruling deliberately chose to disregard the fact that he was making pronouncements on a matter that was subjuidice and yet, to be determined by the High Court.
He stated that he was equally aware that even if he had joined the NDC at the material time, a fact denied, Dr Matibini acted on provisions in an event that do not provide for alleged floor crossing as provided for the law in 2016 amendment of the constitution.
Mr. Kambwili stated that he believes that his case was a fit and proper case for the High Court to grant his leave for judicial review.
Thank u.
Attempting to file a lawsuit and then have it transferred to another court where a litigant fillng the suit thinks will get the most favorable decision or indeed looking for a court or judge that a litigant thinks is likely to render a favorable result, is called FORUM shopping . It is not tolerated in most jurisdictions. Fingers crossed!
Face of a loser….Kambwili cannot survive without Politics and Government tenders and stealing….he will soon align himself with whoever will win in 2021…
Another one bites the dust
Ba CK get a clue. Stop wasting everyone’s time. Just contest the Roan seat on the Delusionals ticket since you think you are very popular.
Awe ba kabwilili is a Joker….
Waste of time
Indeed you are feeling the realised latent heat of indiscipline ba Kambwili. In short, Kambwili you are so confused and in disarray because you started indulging and associating yourself with the Under 5. Life can change in a split of a second especially if your motives and intentions are deliberately exerted on a legitimately elected President, Mr. Lungu. Now go and face the people of Roan in Luanshya and see how their wrath on you and the Alliance opposition will be meted at you. You guys have insulted our President Lungu and the PF for far too long but now the reality has dawned.
… the released latent heat …
I always advise my fellow guys with balls, to keep each ball on each side.
Seems Kambwili keep swapping balls, left to right, then back from right to left. It’s just erections coming up.
Be firm and solid, don’t behave like a professional prostitute.
Learn to listen . Your time is up.
And here is a chap with ambitions to become president one day? If you want to cling on to a simple seat in Parliament, what more when he sees state house where even a crane won’t be strong enough to remove him.
Ba Kambwili marabushi yeka yeka….. why cleaning to PF like this??? Awe kuwayawaya fye aba batata.
BUFFOON CK always thinking with his mouth…no wonder the wife is happy to visit him once in a year from the UK.
What is this “purported”?
There is nothing purported in the decision and declaration made by the Speaker of the House.
“Captain Feywel” in Shaka Zulu.
” How do you trap a monkey, febana?”
High Court: Case dismissed, Chimbwili to serve 6 months for wasting time for the courts of law and for his employers the people.
Looks like trib.al as a disease is worse than ebola. This trib.al is definitely very sick, it can only be understood by fellow trib.als. Otherwise why do you think that this trib.al is escorted to court by Trib.al Hacks?
This the end and beginning of mr ck imagine if he was president of az
I feel bad for CK .
BUT WHO IS TO BLAME? His big mouth.
When ECL expelled him from his cabinet Position,next move CK went to see UPND members,later he was advised to go to Southern province to apologize for calling tongas tribal.later,CK was on PRIME TV denouncing PF and ECL.He rebelled PF a corrupt core especially on the issue of fire tenders.He started reviewing state secrets forgetting that he was under oath.He did all that just to destroy PF a party lead by his worst enemies,mainly ECL.
Today, the outcomes of his social mischievous nature is haunting him.He is losing grip on bad notes.The only remedial of course is to apologize to PF party.Then they can decide his fate.
Okay, fine! But its
‘LABELED’ and not ‘REBELLED’
‘REVEALING’ and not ‘REVIEWING’
‘REMEDY’ and not ‘REMEDIAL’
However, good post overall.
Some politicians have no shame..How do u cling to a political party u are insulting everyday and calling it a corrupt one ? Wanting to be a President at any cost even at the expense of scandalising others is not right.Where is your integrity as a human being ?
Politics is not dirty but some African politicians are dirty.There should be morality in politics.
Kambwili nothing positive is going to come out just leave it and focus on other business that will make your life better. We are not in politics but we work hard and make money
Vexicious litigant keep it up in the political entertainment arena you may get your gratuity amount
Kambwili no direction its high time you did some introspection about you overrating yourself. You became MP partially coz of MCS
Democracy and its tenets, called for situational review and analysis to determine public demand.
Talking and dragging each other to court will not change the social and economic predicament but rather worsen the situation.
Kanshi kambwili te mbwili bufi fye.be decided cimbwi afwile ntangalalo ba boss
I feel sorry for the guys that worship this chap. No need to waste my time on this.
when you loose gratuity over nyt. anything can happen and you become prone to kicks of a dying horse
If he needs that gratuity so much and had just a bit of brains he would have disassociated himself from the opposition and remain MP under PF. But typical of him, he went on stage playing all sorts of Monkey tricks.
If Kambwili is popular in Roan as he claims he should face the PF on the ground in the bye-election. Why rush to court?
If double H is supportive of kabwili let him not file the luanshya seat. By not filing for this vacant seat, the entire world will know double H is in love with kabwili. Awe kwena kabwili mwaice.
Bamudala nabena is so much indicisive with a lot of disorientation going in his head.
He’s misleading everything following him. Mosquitoes inclusive.
But ba CK, you’ve gone ahead to adopt your son stand then on your NDC’s ticket … isn’t there a limit to your confusion?
He is just trying to save this nation with a broke treasury costs associated with bye-elections