Former National Democratic Congress (NDC) leader Chishimba Kambwili has opposed the decision by Speaker of the National Assembly Nelly Mutti to prevent all Patriotic Front Members of Parliament from taking part in the business of the house despite filling appeals against the nullification of their seats by the High Court.
Speaker Mutti this week ruled that Kabushi Member of Parliament Bowman Lusambo is out of order to remain in the House after the nullification of his election victory by the High Court.
Ms. Mutti has further ruled that in view of her ruling, all Members of Parliament whose election results were nullified by a decision of the High Court, whether or not such a decision has been appealed against, shall forthwith not take part in any Parliamentary business.
But Dr. Kambwili said the Speaker’s ruling has no legal backing and must be rescinded immediately.
“When one’s case has been petitioned and nullified by the lower court which is the High Court, he cannot be removed from Parliament until all the legal protests which mean the appeal to the Supreme Court is exhausted. Anything outside that is illegal but in this country we tend to accept illegality because we are supporting that particular Government at a particular time and we only come to talk about the ideal after they have left office,” Dr Kambwili said on Sun FM Radio.
“What has happened to the MPs is exactly what happened to me (in 2019) where the speaker of the National Assembly declared my Roan Seat vacant when I had an appeal pending at the Supreme Court. And when the matter went to the Constitutional Court, the Constitutional Court made reference to article 73 (4) and said the Speaker had overshot his boundary in interpreting the law which he should have left to the competent court of jurisdiction and in this case which is the Constitutional Court,” he said.
According to the speaker’s interpretation of Article 73 of the constitution, when the Petition is determined by the High Court and a seat is nullified, a Member shall cease to hold the seat and shall not take part in any parliamentary business unless and until the Constitutional Court overturns the decision of the High Court, adding that, however, the Electoral Commission of Zambia (ECZ) cannot proceed to hold by-elections until the decision of the Constitutional Court.
“So what the Speaker did is exactly what his predecessor did to me and was condemned by the Constitutional Court but because this thing is politically motivated. It is the Government of the day which instructed the speaker to make that ruling whether it has a legal backing or not. And if our President and I am saying our President Mr. Hakainde Hichilema, the President of the Republic of Zambia is fair enough, he should tell the Speaker that she erred and that that decision must be rescinded because it is not supported by any legal sense,” Dr. Kambwili added.
“Members of Parliament from time immemorial have been petitioned, they have lost the petition at first stage, but none of the MP has been removed from Parliament before the decision of the superior court in those days the Supreme Court. The Speaker is a very prominent lawyer and I know that making that decision she just had political pressure and what has happened now she has put her name into disrepute. She has destroyed her name which she built over a long period of time just because of political interference.”
“I want to appeal to all Zambians to condemn this. The PF celebrated when the speaker illegally removed me from office. The PF should have condemned it then but they supported it. Now it has happened to them, if they had condemned it when it happened to Chishimba Kambwili this time it could not have been done,” he concluded.
Will This chap ever ZIP IT ?
Dr. Kambwili added.: “And if our President and I am saying our President Mr. Hakainde Hichilema, the President of the Republic of Zambia is fair enough, he should tell the Speaker that she erred and that that decision must be rescinded because it is not supported by any legal sense,”
IS THE PRESIDENT THE LEADER OF PARLIAMENT? SO KAMBWILI IS ALREADY ASSUMING, THE DECISION BY MUTTI CAME FROM STATEHOUSE? MUTTI MADE THAT DECISION ON HER OWN AND SHOULD BE MADE ACCOUNTABLE, AND THAT ACCOUNTABILITY SHOULD COME FROM CONCOURT. STOP POLITICIZING BY BRINGING THE PRESIDENT INTO THIS CASE. ITS THIS THINKING OF MAKING A PRESIDENT A SEMI-GOD, THAT RESULTS IN CREATING DICTATORS.
Your ideas betrayed you sir. You miss calculated. You could have ended with a nice comfortable position in the new dawn government. But Oh No…You became greed and wanted to continue in your own party. You should have joined the coalition movement like everyone else.
No one is listening to the PF complaining. They really tortured us with their thuggish ruining.
Legislature – Mutti
Judiciary – Mumba
Executive – h²
Can any of these guys manage not to cross each other’s paths. Why does Mutti think she can overstep into Judicial issues?
3 arms of Government. Let these overzealous individuals keep to their lane in this commonwealth dictate of Zambian democracy.
Her predecessor.
Kambwili you are totally finished.
But do not get comfortable coz you are on the list of people to get arrested.
And with you, the charges will be very long.
Even your houses in the UK will need to be investigated.
Everyone should keep to their lanes please. Let Mutti carry out her legislative duties. Akwa! Munamvako ma bylaws? Yes, the legislature has its bylaws and those may be subject to implementation under the constitution’s purview. She has not declared their seats vacant; she has simply expeditiously prevented them from making fo.ols of themselves as they feebly grasp for straws to stay in their seats.
KAMBWILI SHOULD LEAVE IT TO THE COURTS. EVEN EDGAR LUNGU INTERPRETED THE CONSTITUTION TO SUIT HIS NEEDS IN 2016 WHICH LEAD TO MINISTERS CONTINUING IN THEIR OFFICES DURING ELECTIONS. THE HONORABLE COURT RULED THAT HE WAS WRONG. EVEN THIS ONE SHOULD BE LEFT TO THE COURTS.
Now imagine Kambwili being the president, he would be making all the decisions and disregarding the law. Kambwili should not even bring in the president in this issue but simply base his argument based on the law period!
speaker muti is right. why shoul a culprit continue sitting in parliament , the ruling of the high court is highigher than a mere suspension . depends those culprits should nkow that that as pper now their seats are nulllified. and hence no entry in PARLIAMENT A
Use Chimbwi there’s a difference you strong head. In your case it was your pomposity that pushed the speaker to errenously declare your seat vacant. There was no ruling from an court. The High Court made a pronouncement in t case like in the case were you were found guilty and sentenced to jail for 2 years, before your corrupt freind dubiously gave you a padorn you didn’t deserve because your appeal was still pending in court. That pardon can be challenged and that will make you a convict. Don’t take things for granted because no one is talking about your case. So behave.
Do not hold the facts – simply hammer the pretenders of this Country. I wish you specifically mentioned Mundubile and other PF MPs’ support to Dr Matibini decision.