By MacDonald Chipenzi
LET THE LAW APPLY AS IT IS ON THE SPEAKER OF THE NATIONAL ASSEMBLY.
Part of the judgement On the case Chishimba Kambwili challenged the declaration of his seat vacant by the Speaker ot the National Assembly *Hon Dr Patrick Matibini* by the President of the ConCourt. It ruled that;
“We find that the Speaker exceeded his powers as the function of the interpreting the law and the constitution…… The Speaker exceeded his constitutional powers as he strayed or encroached into the adjudicative function of the courts……. *The Speaker breached the Constitution on ground that he went on to decide on a matter that was already before the courts of the land*…… The Speaker was wrong and he did not have such powers over the matter”.
Now that the court found the *Speaker in breach of the Constitution, the law must apply on him too*
And the law is that he must be impeached from his office.
Therefore based on this judgement, the Speaker must be impeached for breach/violation of the constitution as provided for under the law.
MPs must not allow the violation of their own law and unity of purpose to safeguard and defend the constitution must be demonstrated by our lawmakers.
The Constitution in Article 83 (1) 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*
Subarticle (2) stresses that *the motion shall specify the particulars of the allegations*
Subarticle 3 guides *where a motion is supported by a resolution of two-thirds of the members of parliament, the Speaker shall be suspended from office and the National Assembly shall refer the matter to a parliamentary committee*
It is the constitution that demands that u have the duty to defend the constitution. Article 2 demands *every person has the right and duty to defend this constitution, resist or prevent a person from overthrowing, suspending or illegally abroagating this constitution*
I submit.