ConCourt dismisses Kambwili’s case over the Roan seat

By Staff Reporter

 

Constitutional Court judge Martin Musaluke has dismissed with costs former Roan member of parliament Chishimba Kambwili’s application for stay of Speaker Patrick Matibini’s decision to declare his seat vacant for want of prosecution.

Judge Musaluke stated that Kambwili and his advocates were not before court to argue the application when the case came up for hearing today.

He said it appeared to him that Kambwili had abandoned his application for stay of execution even though he had no courtesy to inform the court about it.

“That said the application for stay of execution filed on March 14, 2019 by the petitioner is forthwith dismissed for want of prosecution with costs to the respondents,” judge Musaluke ruled.

Last week, Kambwili applied for leave to commence judicial review proceedings against Dr Matibini’s decision and wanted the court to declare it null and void but the court dismissed the matter for want of jurisdiction.

Kambwili sought leave to challenge the Speaker’s decision few hours after he discontinued the petition he had filed in the Constitutional

Court.

The High Court dismissed the case saying it had no jurisidiction to determine the issue Kambwili raised and that it was the preserve of the Constitutional Court.

Following the dismissal of the case, Kambwili refiled a petition and asked for stay of the decision to declare his seat vacant.

However, neither Kambwili nor his lawyers appeared in court to argue the case leading to it being thrown out.