UPND President Hakainde Hichilema
UPND President Hakainde Hichilema

UPND President Hakainde Hichilema has told Speaker of the National Assembly Dr Patrick Matibini that his argument in his response to the letter written to him by Simeza Sangwa and Associates on behalf of the Law Association of Zambia that the National Assembly enjoys exclusive and unfettered jurisdiction in the conduct of its internal proceedings is based on complete misunderstanding and is in disregard to the constitutional provisions and principles of the Constitution of Zambia.

In his letter to the Speaker dated 21st August 2019 and released to the media, Mr Hichilema stated that though the Letter from the Speaker was directed to Simeza Sangwa and Company and was in public domain, he was compelled to reply to it on account of his right and obligation as a citizen of Zambia to defend the constitution of Zambia and promote its ideals and objectives.

“The letter from the Clerk raises two main points on which you based your refusal to suspend your legislative process in the National Assembly pending the determination of the matter in the Constitutional Court.”

“The two grounds stated in the letter are the doctrine of exclusive cognizance and selective application of the ‘sub judice’ rule to the proceedings of the National Assembly. In the letter, you argued that ‘the House (National Assembly) enjoys exclusive and unfettered jurisdiction in the conduct of its internal proceedings’ “, states Mr Hichilema.

He cites the second reason for the Speaker’s refusal to suspend the legislative process as his determination that the application of the ‘sub judice’ rule to the business of the House is not absolute and that it has to be decided by the Speaker on the merits of each case.

“You did not cite any constitutional provisions to support the above claims, save for the narrative followed when enacting legislation. As you have not cited any constitutional provisions that support your arguments, I have taken the liberty to search the Constitution of Zambia to assess the validity of your propositions. Your interpretation and purported application of the above principles is flawed on two grounds”, argues Mr Hichilema.

Mr Hichilema explains that that the doctrine of exclusive cognizance is not constitutional but only affords Parliament privileges and immunity relating to its internal rules and operations provided they were exercised within the ambit of the constitution.

“It is the principle that applies to the United Kingdom, where because the country does not have a written constitution, Parliament is supreme. In Zambia however, the situation is completely different. All institutions including Parliament are creatures of the Constitution and amenable to it. The law making function of Parliament is a constitutional and public function which cannot possibly fall within your narrow construction of what you term ‘internal proceedings’ of the House”, says Mr Hichilema.

Mr Hichilema alerts the Speaker to dangers of usurping the constitutional power in his suggestion of the principle of sub judice not being absolute.

“Your claim that the sub judice rule is not absolute and depends on your discretion based on the merits of each case is grossly flawed as that would amount to your usurping a constitutional power, namely, judicial authority, which is lawfully allocated to the Judiciary in this case the Constitutional Court. Any other interpretation would be contrary to the Constitution and its values and principles expressed in the Constitution of Zambia”, stated Mr Hichilema.

Mr Hichilema also warned Dr Matibini that he runs the risk of being cited for contempt of court if he proceeds to table the Bill.

Below is the link to the full letter

Letter from UPND 21 8 19

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42 COMMENTS

    • Your doctrine is flawed, your tribal politics is flawed and your privatization scandal is flawed, therefore, you are UNELECTABLE.

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    • Matibini is the worst speaker this country has ever had. This country is under a curse, how can you have 3 lawyers heading all the three arms of government, yet everything is going busushi busushi.

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    • I am skeptical HH wrote this piece. This not HH’s style of writing or talking at all. To me, it sounds like Muna Ndulo’s writing, and HH simply appended his name/signature to it. just saying!

      Anyway, my humble opinion is that Legislative Bodies world over enjoy unprecedented powers and privileges to legislate/make laws….no other body can stop them from doing that. The only thing Courts can do is to strike down the Law/legislation found to be unconstitutional. But I have NEVER heard of a Court stopping the Legislature from legislating…..which is what “HH” is suggesting here.

      Simply my humble opinion!

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    • It is a simple dismissal letter to Matibini from 2021 president.
      Matibini is fired, he just fighting like a tortoise in fired.

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    • HH is too rich to think properly. He even lies that he searched the constitution when he did no such thing. This letter was written by John Sangwa who then presented it to HH to append a signature. HH life in Zambia will continue even better without you in politics

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    • Speaker Matibini should help the Nation understand his Reasoning on the Impeachment Bill and Bill No.10. Matibini suspended debate in Parliament on the Impeachment Bill on the basis that the Bill has been Petitioned in Court. The Bill No.10 has been Petitioned in Concourt and Speaker Matibini has decided to proceed with this Bill in Parliament using his discretion. Is Matibini and Parliament above the Constitution? These are Double Standards by Speaker Matibini driven by PF Partisan interests. Matibini should be cut to size and made to realize that he is Speaker of Parliament to serve the People and not PF. Matibini is a PF Cadre who should be forced to suspend debate on Bill No.10 until Concourt makes a Ruling.

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  1. Everybody knows that Speaker Matibini is just another puppet of ECL and cadre for the PF.
    Only dull PF cadres think that he is independent.
    HH,CK,Kalaba and many other right thinking leaders are just telling the truth.

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    • WHAT HAPPENED TO THE 48HRS ALTIMATUM YOU GAVE LUNGU TO DISCLOSE WHO OWNS THE 48 HOUSES? YOU ARE FULL OF EMPTY THREATS AND ALTIMATUMS. NO ACTION!!! USELESS OPPOSITION !!!

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    • Why should matibini be objective when he is dealing with f.o.o.l.s like mweetwa choma central mp?

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  2. @Henry do you really need to be in parliament for you to know simple basic rules regarding Separation of powers..?
    or do you really need to be a lawyer for you to know that killing or stealing from someone is a crime?

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    • Henry knows what he is talking about. Can you cite any country in the world where a Court ordered Parliament to stop proceedings on a matter until further notice? Only those who don’t know what Parliament is would try to do so.

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  3. Whoever is advising HH is wrong. HH is not a lawyer and this language here is not his. My advice to you is that not everyone who shows you teeth is smiling at you HH. You may fall with a big ‘thud’

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  4. Don’t waste your time answering such cretins as Henry. These are hungry and hopeless cadres who can kill you for nshima.

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  5. But HH also fails to cite the constitution and make a strange claim that law making function of Parliament is a constitutional, indeed constitution establishes parliament to make laws of the land. What is your argument Mr. HH before you expose your ignorance of the law and rules of parliament.

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  6. HH thinks he’s more intelligent than any other Zambians who don’t worship him like his lapdogs on this forum and are into group think mentality… What constitution is this sadist talking about let alone the bill of rights he campaigned against in 2016… HH is a dandehead and the Speaker should not respond him. Just compare the response of LAZ to the Speaker and trash from HH and you’ll realise that he’s a sadist mambala who doesn’t understand the Zambian Constitution…

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    • @ Chali you ‘ve lamentably failed to counter what I have stated and hence your insults…Typical of low life UPND sycophants and zealots and enemies of progress who worship their Supreme leader HH of the UPND who has hidden the privatisation loot in the paradise papers all because of group think mentality…

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    • Lapdog see comment above… The best that should have happened to you was never to have been born…

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  7. U don’t have to be an MP to understand our Constitution and Parliamentary Procedures. It’s as clear as Water that the Constitution is the Supreme Law of the Land. The Judiciary, the Presidency and Parliamentary’s Powers come from the Constitution. In the Lungu Impeachment Bill the Speaker suspended the Bill Process in Parliament on the basis of Subjudice Principle but in Bill No.10 the Speaker changes his stance and claims that he and Parliament are Independent of the Courts. Dr Matibini is contradicting himself. What is good for the Goose is Good for the Gander. It follows therefore that Bill No.10 should be suspended in Parliament until Concourt makes a Ruling. If the Speaker and the Select Committee proceeds with the Bill in Parliament they will be in contempt of Concourt. The…

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  8. His usual hallucination at work, leave him for he is used and enjoys just that.
    His dull followers thinks he is telling wonders.

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    • Give us your counter-argument kaili based on the argument HH has put across and not just that typical dull PF cadre response mune.

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  9. The constitution is the supreme law of the land, nevertheless, it is a statute created by Parliament. The judiciary is charged with the interpretation of all statutes. The executive is the enforcer of these statutes including judge-made law. Supremacy of the constitution is in relation to statutes and the common law (judge-made law). The concept of separation of powers relates to the institutions of governance namely: Parliament, the Executive and the Judiciary as well as the press( 4th institution). Of the 4 institutions, parliament has ABSOLUTE supremacy. People get their knickers in the twist about the two concepts, including Professor Baron Muna Ndhlew(Ndulo). The learned speaker is on solid legal ground. It is a shame boys like Hichilema have fallen on the Trumpian band wagon…

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    • @jp50 correctly observed…Parliament is the people’s representatives, who elected the Supreme leader HH of the UPND to talk on our behalf…

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  10. The Speaker is arguing in favour of “The Rule of Men” as opposed to “The Rule of Law” for which Mr HH is arguing!
    We don’t want more mortals to override provisions in the constitution for selfish ends but that all must be subject to the Supreme Law of the land!!!

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  11. I quote
    “I have taken liberty to search the constitution of Zambia to assess the validity of your proposition.Your interpretation and application is flawed “argues mr Hichilema.

    HH vs Matibini…………

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  12. The amendment will go ahead whether your mps walk out or not. Zambian people are fed up of senseless upnd who just oppose for the sake of it. Keep quite and let us rule over you mwempelwa mano mwe.

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    • Ignorance is bliss bawishi! This Bill needs a 2/3 Majority vote by Secret Ballot. PF doesn’t have a 2/3 Majority in Parliament so they need Independent and UPND MPs to vote for Bill No. 10 of 2019. In the Impeachment Bill Lungu realized that a 2/3 Majority Vote for the Impeachment was achievable. Hence Lungu rushed to Court to block the 2/3 Majority Vote in Parliament. That Impeachment Bill has been parked in Court and Parliament suspended debate on the Bill until the Court makes a Ruling. Matibini is under orders from ECL and PF to pass this Bill in Parliament b4 The 2021 Elections at all costs. Without this Bill being passed by Parliament it will be difficult for ECL and PF to rig the 2021 Election and retain Power. That’s the danger for ECL and PF. Time will tell.

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  13. HH says, “You did not cite any constitutional provisions to support the above claims, save for the narrative followed when enacting legislation”. But HH himself fails to cite any Constitutional provisions to support his own claims. Will anybody tell me which Constitutional provisions HH has cited in this article to support the big article heading – Your reasoning is flawed, HH tells Speaker Matibini?

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    • Joe Mwansa – Refer to the Nabulyato-Membe issue just to remind you about the power of the Legislature. All has done here is just waffling – the Acts cited are subject to interpretation. The Legislature is supreme, unfortunately.

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  14. but pf has millions and millions of dandaheads sure such an explanation that is well researched is difficult to be understood. no wonder even the most iliterate of the waste has said these must go at all cost. anyway we are counting days and nights are passing we will soon say time up and start opening the doors m, ch …. and many other homes for thieves and other law breakers.

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  15. I thought Sangwa is well educated at law to response to the Speaker. More especially that the letter was written to him. Just thinking.

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    • HH vs Mataveni( it rhymes ! ): Bane parliament is NOT a law upon itself – the LETTER AND THE SPIRIT of the constitution is supreme; The People MUST guard their constitution, the executive MUST enact its tenets and the judiciary MUST enforce the spirit and for the misguided who think a pillar of Democracy like the press is an arm of governance – it MUST INFORM independently and OBJECTIVELY, finito!! It is PERJURY to openly comment on on-going matters before the Courts, not even the Chief Justice or POTUS!
      “…I never regarded the judiciary as a caste apart; its members must share the hopes and aspirations of the nation. However, this does not mean that judges should decide cases or impose sentences in such a way as to please public opinion or the Government. They must decide them in…

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    • cont’d…”…They must decide them in accordance with the facts before them and the law. It is only in this manner that an accused person can be guaranteed a fair and impartial trial before an unbiased judge free from the domination of public opinion….”[Wiki] , Skinner, CJ Zambia

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  16. Bitter Hakiende h and his inherited under 5 gathering is at it again! If we all start responding to letters addressed to other people in an attempt to attack a speaker it will be strange. True his cadre vuvuzela prof wrote this for him to sign because he himself is bitter….

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  17. Why this fight against BILL NUMBER 10. Just tell your MPs to vote against Kwapwa. Now you are taking the matter to court for what? You boycotted NDF on your own and do you want to be part of the process. Leave all those who want progress to go ahead BABA. we have a Lawyer President, Speaker is a Lawyer/Judge and also Chief Justice.

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