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.