Author: Anonymous
Hon Gary Nkhombo has risen on a very “serious” point of Order bringing to the attention of Mr. Speaker that matters surrounding Bill 10 have been taken before Court by former MMD Commerce Minister under late President Fredrick Chiluba,Dipak Patel.
Hon Nkhombo is seeking the speakers ruling on weather Parliament is in Order to debate a matter which is active before the Courts of Law in Zambia. Hon Nkhombo contends that when the motion to start impeachment proceedings against President Lungu wr brought on the floor of the House, Mr Speaker (Hon. Judge Patrick Matibini) ruled that Parliament could not debate a matter that was active before the Courts of Law hence throwing out or staying the motion to impeach the President.
Hon Nkhombo now asks the speaker if it is proper to go ahead and debate Bill 10, a matter active before the Courts of Law in Zambia, circumstances that existed when the impeachment motion was brought in the house, currently exist now with Bill 10.
Mr Speaker has since retired to chambers and proceedings have bn adjourned/stayed as Mr Speaker studies the documents filed relating to the same issue of Bill 10 bn before the Courts of Law in Zambia.
You will do well to recall that Mr Speaker was recently cited by the Constitutional Court as having overstepped his boundaries by tabling in Parliament a matter that was active before the Courts of Law in Zambia. This is in Chishimba Kambwili case.
In the spirit of separation of Powers, Parliament (legislature) can not debate a matter that is active before the Courts of Law in Zambia (judiciary).
We await Mr Speakers ruling.