Concourt removes ECZ from the case Kambwili is challenging Speaker’s decision to declare Roan seat vacant
By Staff Reporter
THE Constitutional Court has misjoined the ECZ from a case former Roan member of parliament Chishimba Kambwili petitioned the court to declare that his seat did not fall vacant as ruled by the Speaker.
In an order signed by Constitutional Court judge Martin Musaluke, the Electoral Commission of Zambia has been removed as a party from the proceedings.
“Upon reading parties concerned and upon reading an affidavit of one Jacqueline Lungu filed herein, it is ordered that the second respondent is hereby mis-joined from these proceedings,” read the order.
About two weeks ago, Kambwili who is National Democratic Congress party president acknowledged before the Constitutional Court that the ECZ acted within its powers when it called for elections to elect a new member of parliament for Roan Constituency.
Kambwili stated that it was for this reason that he wished that the court mis-joins the ECZ in a petition in which he had sued it together with the Attorney General over the decision of Speaker of the National Assembly Dr Patrick Matibini to declare his seat vacant for allegedly crossing the floor of the House.
According to an affidavit in support of summons for an order for mis-joinder of a party from the proceedings filed by Lungu, Kambwili’s interest against ECZ was to stop it from proceeding with the election of a new member of parliament but that the same had been overtaken by events.
Lungu stated that the ECZ performed its function in accordance with the provisions of the law and as such should be mis-joined.
