Judge Kombe reserves ruling after State asks her to dismiss PF application for judicial review
By Staff Reporter
THE Lusaka High Court has reserved ruling in a case in which PF secretary general Davies Mwila is seeking leave to commence judicial review proceedings to challenge Speaker Dr Patrick Matibini’s refusal to declare Roan parliamentary seat vacant.
The PF have cited the Attorney General in the case they are seeking declaration of the seat held by Chishimba Kambwili vacant .
The PF secretary general wants the court to quash Dr Matibini’s refusal to declare Kambwili’s seat vacant and an order directing the Speaker to do so.
Mwila argued that there was no suit on the part of Kambwili pending in the courts after judge Maria Kawimbe dismissed the case where the latter challenged his expulsion.
But judge Mwila Kombe reserved ruling in the matter after Chief State advocate Joe Simachela asked her to dismiss the PF’s application for leave to challenge the Speaker’s decision because the High Court has no jurisdiction to hear the constitutional issues which they raised.
The State also argued that the PF were supposed to have filed the case in the Constitutional Court and not the High Court.
However, PF lawyer Milingo Lungu urged the court not to dismiss the matter.
Meanwhile, deputy clerk-procedure at National Assembly of Zambia Cecilia Sikatele filed an affidavit opposing the PF’s position in the matter.
She submitted that National Assembly did not declare Kambwili’s seat vacant because he appealed against judge Maria Kawimbe’s decision to dismiss the case where he challenged his expulsion from the ruling party.
Judge Kawimbe dismissed Kambwili’s action because of several breaches and contumelious disregard of the court’s orders.
Sikatele exhibited documents showing that Kambwili appealed against judge Kawimbe’s decision to the Court of Appeal under cause number CAZ/08/261/2018 on October 25, 2018.