Matibini’s decision to declare Roan seat vacant unconstitutional – Kambwili

By Staff Reporter

 

FORMER Roan PF member of parliament Chishimba Kambwili has petitioned the Constitutional to declare and order that the declaration by Speaker Patrick Matibini that his seat is vacant is null and void.

 

And Kambwili stated that the Speaker’s decision to declare his seat vacant for allegedly crossing the floor is unconstitutional.

According to a petition filed in the Constitutional Court on Wednesday, Kambwili who has sued the Attorney General, also wants the court to declare and order that he did not cross the floor as pronounced by Dr Matibini.

Dr Matibini on February 27 declared Kambwili’s seat vacant following a point of order raised by Malambo member of parliament Makebi Zulu raised on February 21.

Kambwili, the National Democratic Congress political consultant stated that he learnt that the decision for declaring his seat vacant was based on the ground that he crossed the floor from being a PF party member under whose ticket he was elected to the National Assembly.

The petitioner however, stated that he had not received any correspondence from the Speaker or the Clerk to date in the usual manner of written communication whenever a need for communication had arisen.

He stated that he was fully aware that the notion of being a consultant engaged by the NDC was at all material time the subject of active litigation before High Court judge Mapani Kawimbe by way of counterclaim.

Kambwili stated that his counterclaim has not been presided over by judge Kawimbe.

The petitioner further stated that he has at various times informed Dr Matibini and the Clerk about the case through various written correspondence which had been fully acknowledged.

Kambwili, however, stated that he takes grave concern that the Speaker in his ruling deliberately chose to disregard the fact that he was making pronouncements on a matter that was subjudice and is yet to be determined by judge Kawimbe.

He submitted that his case which should be afforded a fair hearing within a reasonable time by an independent and impartial court as established by law under Article 18 (1) of the Constitution was likely to be violated because of the Speaker’s action.

And Kambwili submitted that he was equally aware that even if he had joined the NDC at the material time, a fact denied, Dr Matibini acted on provisions in any event that do not provide for alleged floor crossing as provided for by the law in 2016 Amendment of the Constitution and as canvassed in the MMD vs Akashambatwa Lewanika and others 1993 to 1994 ZR 164.

He submitted that his rights as a duly elected member of parliament had been severally infringed on by Dr Matibini, adding that the Speaker violated various provisions of the Constitution.

He wants the court to declare null and void the Speaker’s declaration of his seat vacant and other reliefs the court might deem fit, among others.