THE CASE OF THE 9 MPS REMAINS ACTIVE IN THE LUSAKA HIGH COURT
Lusaka-Thursday, 17th October 2024
We have noted a Constitutional Court judgment dated 15th October 2024.
This is a matter arising between a UPND Councillor, Belemu Sibanze, a Ward Councilor from Kabwe District whose seat was declared vacant following a criminal conviction Versus the Electoral Commission of Zambia (ECZ).
At the nomination stage in the subsequent by-election in the local government elections, Sibanze took a legal action, a judicial review process, challenging the ECZ’s decision to declare his seat vacant while he had appealed against his criminal case in the Kabwe High Court.
We have also noted that First Deputy Speaker of the National Assembly, Hon. Malungu Chisangano has reserved ruling on a point of order seeking to establish the fate of the nine Patriotic Front members of Parliament whose seats were allegedly declared vacant following this latest Constitutional Court Judgment.
The Deputy Speaker was responding to what we deem, an irregular and illegitimate point-of-order raised by UPND Katombora Member of Parliament, Hon. Clement Andeleki, who wanted to know the interpretation of the fate of the nine expelled PF Members of Parliament in light of the judgment.
First of all, the interpretive role of legal matters remains under the authority of the courts of law and not Parliament as it has been ruled in various decisions of the Speaker of the National Assembly. So this oint-of-order was irregular.
MATTERS REMAIN ACTIVE IN THE LUSAKA HIGH COURT
On 3rd July 2024, Second Deputy Speaker of the National Assembly, Hon. Moses Moyo declared vacant, the nine seats.
This was despite, an official letter by Hon.Miles Sampa, whose earlier instructions invoked Parliament’s action, renounced his own letter.
In a letter dated 27th June 2024, Hon. Sampa informed Parliament that he had reinstated the nine MPs following an amnesty he granted them and therefore, their expulsion was null and void.
Parliament ignored this letter with an absurd claim that the Speaker could only act upon a letter from Sampa’s Secretary General, Morgan Ngona.
Further the affected MPs contended that Deputy Speaker of the National Assembly acted illegally by declaring their seats vacant as they remained members of the Patriotic Front and were not expelled and further, contended that Mr. Moyo’s action was in contravention of Standing Order Number 57 clauses 1, 2, 3 and 4 of the National Assembly.
The MPs began a legal process against Parliament and the decision of the Second Deputy Speaker.
On July 10th, 2024, the nine (9) Members of Parliament were granted permission to commence Judicial Review against the declaration of their seats vacant by Deputy Speaker of the National Assembly, Hon. Moyo.
This judicial decision also acted as stay against any other action by Parliament or ECZ.
The nine affected MPs are; Hon. Mulenga Fube (Chilubi),Hon. Mutotwe Kafwaya (Lunte), Hon. Christopher Kang’ombe (Kamfinsa), Hon. Brian Mundubile (Mporokoso), Hon. Nixon Chilangwa (Kawambwa), Hon. Ronald Chitotela (Pambashe) and Hon. Stephen Kampyongo ((Shieangandu) are, therefore, sitting in Parliament following court orders.
They will continue to do so until matters are disposed of by the courts. The matter remains active before Lusaka High Court Judge Hon.Suzen Wanjelani.
In his pointo-of-order, Hon. Andeleki was requesting the Speaker to interpret the effects of the latest Constitutional Court judgment and its impact on the nine MPs.
It appears that Hon. Andeleki and the UPND wish to cross check such a reference and relationship between the mayter of Belemu Sibanze Vs ECZ amd the seprate case of the nine MPs.
If the UPND is serious about such an important legal question, it should be brought before the Constitutional Court and not before the Speaker of the National Assembly.
It is an established legal and tradition practice that Parliament does not interfere in matters seized by the Judiciary. Also Parliament doesnt intepret the law.
Therefore, the Point of Order emanating from Hon. Andeleki was highly irregular and must not be entertained and.must be diamissed.
The effects of the recent judgment by the Constitutional Court must be applied with the recognition that the case of the nine MPs is a totally separate case from this case and remains active before the Lusaka High Court.
Issued by;
Amb. Emmanuel Mwamba
Chairperson of Information and Publicity
Member of the Central Committee
PATRIOTIC FRONT