National Democratic Congress Consultant Chishimba Kambwili
National Democratic Congress Consultant Chishimba Kambwili

Former Roan Member of Parliament Chishimba Kambwili’s application for judicial review in the Lusaka High Court over the declaration of the Roan parliamentary seat vacant by Speaker of the National Assembly has been thrown out.

The Roan seat was declared vacant on February 27, 2019 after the Speaker ruled that Mr. Kambwili could not be in Parliament as the Patriotic Front lawmaker whilst also heading another political party.

The Lusaka High Court has dismissed Mr. Kambwili’s application for judicial review for want of jurisdiction.

In dismissing the case, the High Court advised that the applicant could not shift recourse of a matter to the High Court with a matter that fell squarely in the exclusive jurisdiction of the Constitutional Court.

The court has noted that the characteristics of a dispute determines the forum to which an applicant or claimant should have recourse to as a matter that is purely within the exclusive jurisdiction of the Constitutional Court cannot be launched via judicial review under the public law.

The Court found it irregular that Mr. Kambwili abandoned the matter in the Constitutional Court only to re-launch before the High Court which they found inconceivable.

“In view of the foregoing, I come to the conclusion that the application for leave should be denied for want of jurisdiction and I so order, the application is therefore dismissed,” stated the court.

The former Roan lawmaker sued the Attorney General and Electoral Commission of Zambia and wanted the court to declare that Dr. Matibini’s decision did not conform with the provision of Article 72.

Mr. Kambwili was challenging Dr. Matibini’s decision to declare the Roan seat vacant.

He wanted the court to further prohibit ECZ accepting the nomination papers from the aspiring candidates.

The Roan seat was declared vacant on February 27th after a ruling on a point of order raised by Malambo Member of Parliament Makebi Zulu who wondered whether Kambwili was in order to hold on to the seat on the PF ticket whilst also publicly confessing that he was the leader of the opposition National Democratic Congress.

The Electoral Commission of Zambia has declared April 11th as the date for the by-election for the Roan seat.

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41 COMMENTS

    • The Judicial side of Governant sides with the Legislature side of Government as the Executive side of Government watches the fun unfolding.
      CK is dull.

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    • Where to now Kambwili?tomorrow 14/03/2019 will be nomination day in Roan and Bahati!!AM PRETTY SURE THAT KAMBWILI IS DRIBBLED ON THIS ONE!!CK should ask HH how he wasted the 14 days to hear his petition in 2016!!Kambwili ‘s political career is done and dusted now as Roan by election will surely go ahead on 11/04/2019!!!Meantime,Kambwili has to pay lawyers a huge amount despite them misleading him…kkkkkkkk…..politics teyabana iyo as Chilufya Tayali states it!!
      NOW LETS ALL WAIT FOR THE INCOMING ROAN MP HON.CHIBUYE-A FORMER LUANSHYA DC!!!
      Bahati will also be retained by mighty PF on the same date!!
      ALL ZAMBIANS ARE WAITING TO SEE IF HH’S UPND WILL WIN IN ROAN AND BAHATI WHERE THIS REGIONAL PARTY HAS FAILED TO WIN SINCE 2006!!!

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    • He was scared that that constitutional court is full of Lungu bootlickers who can’t rule for Kambwili.

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    • The Delusionals Dictator HH will advise him to go to the ICC. Watch this space!

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  1. Some people’s heads are full of nothing but IFISUSHI. One such head is Chishimba Kambwili’s head. For sure you hit it EX-MAROON, his Head and the brain they don’t coordinate.

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  2. SOMETIMES IT’S BETTER TO SIT DOWN AND INTROSPECT. THE PEOPLE CHEERING YOU ARE NOT ALWAYS THERE TO SUPPORT YOUR FAMILY AND TO STAND WITH YOU AT A VERY PERSONAL LEVELIN YOUR HOUR OF NEED. MR KAMBWILI HAS BEEN MAKING A BED OF THORNS FOR HIMSELF AND HE SHOULD NOW SLEEP IN IT. HE IS EXPERIENCING A SLOW PUNCTURE. HE WILL BE BROUGHT LOW UNTIL HE HITS ROCK BOTTOM. BUT GOD IS ALWAYS FORGIVING. THE EARLIER CK REALISES TO SEEK FORGIVENESS, RECONCILIATION AND TONE DOWN ON HIS INSULTS ON THE HEAD OF STATE, THE BETTER FOR HIM. OTHERWISE THE CHICKENS HAVE NOW COME TO ROOST ON HIM. WHAT A SAD ENDING FOR SUCH A VIBRANT MAN

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  3. When is it going to sink into this moron’s head that his days in parliament are over? It’s 13 days after February monthend and the clown hasn’t yet received on his phone a salary transfer notification. Sorry Fat Albert no more salary and gratuity

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  4. Latin: Semper in excreta. ..roughly saying ALWAYS IN SH.IT. It’s difficult to know whether Kambwili is going or coming. Ali isobanya so badly that he doesn’t know what to do or what he’s doing. Sometimes humility is a stronger weapon than arrogance.

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  5. The major reason Kambwili filed the same case that is before the Constitutional Court in the High Court was to prevent ECZ from conducting the bye elections in Roan Constituency.. He is afraid of his own shadow.. He knows he can’t win.

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  6. Mr. Kambwili has been a victim of UPND’s political machinations generated by Chipenzi, On the other hand, the integrity of Lawyers representing Mr. Kambwili is questionable. Lawyers are professionally expected to give counsel to their clients as to whether the case has any merit in courts of law. The character of some Zambian Lawyers is vested in making money from rich politicians. We hope they do not advise poor Kambwili to take the matter to the ICC. Anything is possible from NDC and UPND.

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    • It depends on who the client is I’m sure his lawyers have had a tough trying to explain to him how to go about things. Kambwili is a bully but a coward too. He also has a disease that makes him imagine things like he’s from the world of Spider-Man or Superman. He continued to believe he was still cabinet minister and could push matters as he wished.

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    • Kambwili wants to control everyone including his lawyer. I remember how my late aunt used to dictate letters. She would tell as you write “capital C, coma, full stop ” etc. So we used to wonder why she didn’t just write the letter by herself.

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  7. To be fair, Kambwili foolish as he maybe assumed to be by people talking right now, I consider him a brave man for being in a political arena and fighting for what he believes in. I might not even believe in what he believes in but he’s there doing something. Call him names but he’s there probably even keeping the government of thieves on their toes and that is good for me.

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  8. To be fair, Kambwili foolish as he maybe assumed to be by people talking right now, I consider him a brave man for being in a political arena and fighting for what he believes in. I might not even believe in what he believes in but he’s there doing something. Call him names but he’s there probably even keeping the government of thieves on their toes and that is good for me. Leave him alone, cowards.

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  9. …awe mukwai, Kambwili cisushi fye…. go and cry with your fellow trib.als in the opposition.

    Now that Joseph Akafumba, vice president of NDC, he is quite happy to be vice icisushi mwa?
    At least Mwenya Musenge showed some ball.s, proving that he is not a cisushi.

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  10. Ichinwa pofu chaletelele pwele!, Ati punch for punch,ati tuleimbana inama mumeno,ati ecl has pressed a wrong button,niba kolwe piteni ne mbwa kambwili used to warn ecl.Now its time to prove his words kkkkkkk.Who is more educated btwn kambwili and doc. matibini ba kambwili thought matibini didnt know what he was doing.

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  11. Why is Kambwili being hanged out to dry by cowards. At least he has an opinion and he stands by it. Maybe wrong but he’s is a guy that believes in something. Some are just out there doing nothing.

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  12. Kambwili and his lawyers may have ‘messed up’ on the procedure to adopt, but I think for purposes of thought and constructive debate, bloggers should analyse Kambwili’s stand in relation to the Constitutional provision. Which states;

    “(2) The office of Member of Parliament becomes vacant if
    the member—
    (a) resigns by notice, in writing, to the Speaker;
    (b) becomes disqualified for election in accordance with Article
    70;
    (c) acts contrary to a prescribed code of conduct;
    (d) resigns from the political party which sponsored the member
    for election to the National Assembly;
    (e) is expelled from the political party which sponsored the
    member for election to the National Assembly;
    (f) ceases to be a citizen;
    (g) having been elected to the National Assembly, as an
    independent…

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  13. candidate, joins a political party;
    (h) is disqualified as a result of a decision of the Constitutional
    Court; or
    (i) dies.”

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    • You are on the right track. But then again us bloggers we compress our wisdom and opinions in ‘ a 64 characters one sentence’ which barely make sense most of the time….

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  14. When bitterness consumes you,the actions becomes so irrational,even the dog knows that Kambwili is NDC,and NDC is Kambwili.Kambwili is confusion and confusion is Kambwili.The people you associate with makes you who you are.If they were petitioning a case from every court in Zambia,what do you expect from their found great friend.

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  15. This is what we told another buffoon Chipenzi, such matters don’t stand in Court. Why is Kambwili trying to deny his own Political Party? Why should Chipenzi deny his membership of the UPND when everything he does and says are all in the spirit of the Freemasons Party? Gentlemen learn to accept who you are

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  16. Did Kambwili join another political party?The answer to this question is the obvious one,yes by the spirit and letter of the law he was no long PF. I was very wrong to believe Kambwili was a straight forward person kanshi ma demons yalebomba,he was possessed and he is still possessed.

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  17. A,B,C,D,E,F,G,H,I…………
    1,2,3,4,5,6,7,8,9,10
    Simple and straight forward as the above counting and reading, but Kambwili and HH are thick headed cannot do just that.

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  18. HONEST ADVICE FOR KAMBWILI:
    1. Unscrupulous Lawyers have made tons of money by misleading him on legal realities.
    2. Life is important – and Mr. is entitled to his dear life as family’s bread winner. Hence he must invest his money on his health. Political tribulations he has gone through may induce STRESS which is lethal and can kill in short spell of time if high blood press sets in too.
    3. This time around, Mr. Kambwili must invest his money to engage good Medical Doctors to manage his vulnerable health status.
    4. As a head of Family, he must source land on which to invest agricultural development. Late President Mwanawasa was a successful farmer.
    Good luck Ba Kambwili

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  19. CK is disappointment .
    If he was a person of HUMANITY he would be the first person to seek forgiveness from PF hierarchical groups whom he insulted and deemed his alleged that are conspirators in grand theft and corruption.CK has PF DNA. It’s an obvious fact.
    This one element that makes EDGAR LUNGU great of ALL PRESENT POLITICAL LEADERS (including church leaders)is HUMILITY .ECL is humble and simple.

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  20. CK is a disappointment.
    If he was a person of HUMILITY he would be the first one to seek forgiveness from PF hierarchical groups whom he insulted and deemed his alleged that are conspirators in grand theft and corruption.CK is has PF DNA.its an obvious fact.
    This one element makes EDGAR LUNGU great is HUMILITY .

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  21. All those that are advising Kambwili to behave like human being are just wasting time. Try advising a pig not to play in the mud or a monkey to stop scratching and see how far you get. HH and Kambwili have always been in same WhatsAp group all along but failed to except this fact because Kambwili was in PF.

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