High Court declines to grant Kambwili leave to commence judicial review proceedings against Dr Matibini
By Staff Reporter
THE Lusaka High Court has declined to grant Chishimba Kambwili leave to commence judicial review proceedings against Speaker Patrick Matibini’ declaration of his Roan parliamentary seat vacant.
Judge Charles Zulu said Kambwili’s case was purely within the exclusive jurisdiction of the Constitutional Court and could not be lodged via judicial review under order 53 RSC, under the guise of public law in the High Court.
The judge said the case was not a proper and fit matter in which to grant leave for judicial review.
“In view of the foregoing, I come to the conclusion that the application for leave should be denied for want of jurisdiction, and I so order. The application is therefore, dismissed,” he said.
Kambwili on Monday discontinued a petition he filed in the Constitutional Court in which he wanted the court to order and declare that the Speaker’s declaration of his seat vacant for crossing the floor was null and void.
After discontinuing the petition, Kambwili applied for leave to commence judicial review in the High Court and asked that if leave was granted, it should stay Dr Matibini’s decision, pending determination of the matter.
Among the reliefs he was seeking was the quashing of Dr Matibini’s decision.
He also wanted the court to quash Electoral Commission of Zambia’s decision to appoint April 11 as the date for the Roan parliamentary by election.
But the court has dismissed his case with costs.