NINE PF MPs HAVE NOT EXHAUSTED PROCEDURE CHALLENGING EXPULSION – NATIONAL ASSEMBLY
THE National Assembly has come to the defense of its second Deputy Speaker Moses Moyo for declaring nine parliamentary seats vacant, arguing that he followed procedure stipulated in the constitution.
It said Moyo pronounced that, the nine had ceased holding their elective positions after they were expelled from the political party which sponsored them for election to the National Assembly, as there is currently no challenge of the expulsion before Court.
In an affidavit in support of summons for an order to set aside ex-parte order for leave to apply for judicial review, deputy clerk of the National Assembly Cecilia Sikatele asked the Court to discharge the order for judicial review challenging Moyo’s decision as he followed laid down procedure.
In this case, Brian Mundubile, Stephen Kapyongo, Christopher Kang’ombe, Ronald Chitotela, Remember Mutale, Mulenga Fube, Mutotwe Kafwaya, Nixon Chilangwa, and Emmanuel Musonda instituted judicial review proceedings challenging the second deputy speaker’s decision to declare them jobless.
The nonet is seeking a declaration that the decision of the Second Deputy Speaker of the National Assembly, dated July 3, 2024, to declare their nine parliamentary seats vacant is illegal as the PF has not expelled the from the party.
Mundubile and others are seeking a declaration that the decision of the Second Deputy Speaker of the National Assembly to declare their seats vacant on reasons that the action in the Constitutional Court has been dismissed without consideration that there was an active matter under cause number 2024/CCZ/009 is irrational, unreasonable and unjustified.
But in her skeleton arguments, Sikatele said the court should consider whether it is necessary for the MPs to be granted leave to commence judicial review proceedings when they have not exhausted other alternative remedies.
“In establishing whether the applicants exhausted all alternative remedies available to them before commencing these proceedings,we refer this court to the fact that the applicants currently have an active matter before the Constitutional Court ,” Sikatele said.
“The applicants ought to sek a determination by the Constitutional Court on whether the second deputy speaker acted in accordance with the provisions of article 72(5) and (8) of the constitution.”
She indicated that a determination of the matter by the Concourt will effectively grant the same reliefs the nine are seek from the High Court .
“We submit that the applicants have not exhausted all avenues or remedies available to them,” Sikatele said.
“We submit that the applicants substantive judicial review proceeding is bound to fail firstly, because this(High) court does not have jurisdiction to determine whether the procedure adopted by the deputy speaker was in accordance with the provisions of the constitution.”
She asked Judge Susan Wsnjelani to dismiss the ex-parte order for judicial review she granted to the nonet stopping the nine by-elections.
Meanwhile the Constitutional Court has dismissed the case in which the nine were challenging their expulsion by Matero member of parliament after they discontinued the case.
By Mwaka Ndawa
Kalemba
