UPND Leader Hakainde Hichilema says the Constitutional Court ruling that Speaker of the National Assembly Dr Patrick Matibini exceeded his Constitutional powers when he declared the Roan parliamentary seat vacant should result in his removal from Office.
Mr Hichilema said such a breach by a learned Lawyer is too huge for him to remain in Office.
He says where there is honour, the Speaker should consider resigning from his position to preserve his integrity.
And former Roan PF Member of Parliament Chishimba Kambwili says he will soon write to the National Assembly demanding for compensation, following the Constitutional Court ruling that the Speaker was wrong to declare his seat vacant.
Mr Kambwili has warned that he will consider taking legal action should the National Assembly refuse to compensate him for the speaker’s error.
The Constitutional Court ruled on Monday that Speaker of the National Assembly Dr. Patrick Matibini exceeded his Constitutional powers when he declared the Roan Parliamentary seat which was held by Chishimba Kambwili vacant.
Dr Matibini on February 27, 2019 declared Kambwili’s Parliamentary seat vacant on allegations he crossed the floor of the House when he accepted the appointment of National Democratic Congress consultant.
This was after Malambo Member of Parliament Makebi Zulu raised a point of order regarding the same.
But in a landmark ruling delivered by Constitutional Court President Hildah Chibomba, Judges Annie Sitali, Mungeni Mulenga, Palan Mulonda and Martin Musaluke, they stated that while the Speaker was well within his power to respond to the point of order that was raised on the floor of the house, he exceeded his powers when he proceeded to apply the purpose canon of interpretation of statute in order to cure the lacuna that he identified in Article 72 of the Constitution.
The judges stated that Dr Matibini exceeded his in power as the function of interpreting the law in the Constitution was vested in the judiciary, the branch of government to who he is assigned that delicate task.