Pressure has continue to mount to have Speaker of the National Assembly resign following a court ruling Monday.
The Constitutional Court ruled that Dr Matibini violated the constitution by declaring the Roan constituency seat vacant when the matter was in court.
Some Civil Society organisations and NDC leader Chishimba Kambwili who had taken the matter to court have demanded that Dr. Matibini steps down.
Kambwili says though the Constitutional Court could not offer an remedy for what they referred to as fear of creating a constitution crisis of having two MPs for Roan, he has vowed to fight and get what is due to him.
His party, NDC has demanded that Dr Mtabini resigns or be forced out through an impeachment.
The NDC made the demands in a press Statement below:
Speaker of the National Assembly must resign or be impeached
2nd March 2020
Speaker of the National Assembly, Hon. Patrick Matibini must resign or be impeached for: Abuse of office, gross misconduct, Constitutional Violation and Contempt of Court. This is involving the land mark judgement in which the Constitutional Court has ruled against the speaker’s decision to expel Hon. Chishimba Kambwili from Parliament by declaring his seat vacant, thereby triggering a parliamentary by-election.
Hon Patrick Matibini, Speaker of the National Assembly, on 27 February 2019, unconstitutionally declared the Roan constituency seat vacant in a manner that saught to cure his own perceived lacuna. An exercise that can only be done by the Constitutional Court. By doing this, the Speaker breached the constitutional provisions by conferring on himself powers only given to courts and are not prescribed for him.
Secondly, this was in direct contempt of court, when he declared the seat vacant, even when he was fully aware that Dr Kambwili’s court case was pending determination before the constitutional court. This was abuse of his office and gross misconduct. Contempt of court is a punishable offence which can come with a jail sentence.
“In accordance with Article 83 (1) of the 2016 amended Constitutional) which states that a Member of Parliament, supported by at least one-third of the Members of Parliament, may move a motion for the removal of the Speaker, alleging that the Speaker has violated this Constitution or committed gross misconduct”
No individual is above the law, not even the speaker of the National Assembly or the president of the republic of Zambia.The Speaker intentionally failed to uphold his constitutional mandate and oath of office as demanded.
The Speaker exceeded his constitutional powers, and his decision was sub-judice when he decided on a matter that was already in court.
Our demand is that the Speaker must resign or face impeachment proceedings and be prosecuted for abuse of office, constitutional violation and gross misconduct.
Issued by
Saboi Imboela
Spokesperson NDC