Kambwili goes back to ConCourt
By Staff Reporter
FORMER Roan PF member of parliament Chishimba Kambwili has again filed a petition in the Constitutional Court to challenge the decision of Speaker Patrick Matibini to declare his seat vacant.
Kambwili on Wednesday discontinued a petition in which he was seeking orders and declarations that the Speaker breached the provisions of the law when he declared his seat vacant and wanted the court to order that Dr Matibini’s decision was null and void.
After discontinuing the petition, Kambwili went to the High Court and sought leave to commence judicial review proceedings to challenge and stay the Speaker’s decision.
But the High Court threw out the application for want of jurisdiction.
High Court judge Charles Zulu, in dismissing Kambwili’s application for judicial review, said it 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.
He also said it was obvious that the contention or judicial challenge raised by Kambwili typically relates to the interpretation and application of Article 72 (2) of the Constitution and that it was also clear that Article 128 (1) of the Constitution confers on the Constitutional Court exclusive jurisdiction to hear and interpret the Constitution and determine any violation of the Constitution subject to Article 28 of the Constitution.
The judge added that the case was not a proper and fit matter in which to grant leave for judicial review.
And now, Kambwili has commenced another action in the Constitutional Court and wants the court to declare and order that his being the National Democratic Congress (NDC) consultant was not crossing the floor as ruled by Dr Matibini and further that his parliamentary seat did not fall vacant.
Constitutional Court judge Martin Musaluke has set March 19 for hearing of Kambwili’s application to stay the Speaker’s decision pending the hearing and determination of the petition.