LUSAMBO, 7 OTHERS DROP CASE AGAINST SPEAKER
By Enock Kademaunga
KABUSHI PF member of parliament Bowman Lusambo and seven others have discontinued the matter in which they challenged Speaker of the National Assembly Nelly Mutti’s decision to ban them from attending Parliament.
This is according to a notice of discontinuance filed in the Lusaka High Court on Wednesday.
“Take Notice that the applicants herein have forthwith discontinued the application for an order for leave to move for judicial review dated December 7, 2021,” the notice read.
In this matter, Lusambo and seven others namely Lukas Simumba (Nakonde), Kalalwe Mukosa (Chinsali Central), Mutotwe Kafwaya (Lunte), Taulo Chewe Lubanseshi, Chibuye Christopher (Mkushi North), Joseph Malanji (Kwacha), and Allen Banda (Chimwemwe) have cited the Attorney General.
On December 7, 2021, National Assembly Speaker Nelly Mutti ruled that Lusambo and others whose election was nullified by the High Court should not be allowed to continue sitting in parliament even if they had appealed to the Constitutional Court.
And according to an affidavit in support of ex parte summons for an order for leave to move for judicial review filed on December 7, 2021, Lusambo said in August 2021, he and the other applicants were duly elected as members of parliaments for their respective constituencies.
“Subsequently, the said seats were petitioned, and the High Court nullified them. Following the decision of the High Court, we appealed against the said decisions of the High Court and there is currently pending determination by the Constitutional Court,” he submitted.
Lusambo said on November 23, 2021, Solwezi East UPND member of parliament Alex Katakwe rose on a point of order to the Speaker of the National Assembly premised on Article 73 (94) of the Constitution.
“Dr Katakwe further raised a concern regarding the continued attendance of sittings of the House by the eight despite the nullification of their parliamentary seats,” Lusamabo submitted.
He said on December 7, 2021, Speaker Muti announced that all members of parliament whose election had been nullified shall forthwith not take part in parliamentary business.
He said they were ordered to vacate the National Assembly pending the determination of appeals before the Constitutional Court.
“This was after the Speaker took it upon herself to interpret the provisions of the Constitution,” he said.
Lusambo said at the time of the determination of the point of order, proceedings were and are subsisting before the Constitutional Court under cause no 2021/CC/0050, and was thus subjudice.
He said said until final determination of an election petition, an MP whose election was petitioned could continue to hold their seat in parliament pending determination of the Constitutional Court.
Lusambo said it was true that the decision by the Speaker was unconstitutional, thus making it illegal, irrational, and procedurally improper.
Earlier, the court reserved ruling to a date to be communicated in a case Attorney General Mulilo Kabesha sought permission to start contempt proceeding against PF member of the Central Committee Raphael Nakacinda.
This is according to an affidavit in support of summons for leave to commence contempt proceedings.
Kabesha said Nakachinda issued a contemptuous statement aimed at undermining the case in which Lusambo and others were challenging the Speakers.
He argued that the said words were malicious and suggested that there was interference in the judiciary by a member of the executive.
In a briefing on Monday, Nakacinda alleged that President Hakainde Hichilema had been summoning judges at his house with the view of influencing the outcome of the court process.
(CREDIT: The Mast