Don’t admit some impeachment grounds, Mwanza asks Parley
By Staff Reporter
A Zambian citizen, Isaac Mwanza, has asked the Clerk of the National Assembly not to entertain some grounds contained in the opposition UPND’s impeachment motion against President Edgar Lungu as they touch on matters before the courts of law.
In his letter to the Clerk of the National Assembly, Mwanza explained that his argument was based on the principle of separation of powers where Parliament could not debate matters before the courts of law.
“In exercise of my constitutional right guaranteed by Article 88(2) of the Constitution, I write regarding the above subject matter on the motion of impeachment submitted by Honourable Gary Nkombo, MP on the impeachment of the President of the Republic of Zambia dated 22nd March, 2018,” Mwanza stated. “While I fully recognise the right of any Member of Parliament to move the motion in accordance with the laid down rules, I am of the view that the following grounds must be struck out from the motion: 1.1, 1.2, 1.3, and 2.1.5 on the following grounds: Under the principal of separation of powers, Parliament cannot debate matters which are before the court of law.
He said matters in ground 1.1 and 1.2 were active before the Constitutional Court under case number 2016/CC/33.
“Ground 1.3 is a matter before the Constitutional Court which was raised by a way of Notice of Motion on 19th January, 2018 by Brigadier General [Godfrey] Miyanda in respect of the alleged contravention of the Constitution of Zambia as amended by the President of the Republic of Zambia Edgar Chagwa Lungu, while a matter relating to ground 2.1.5 may prejudice an active investigation being conducted by Zambia Police Service,” he pointed out.
“Under the said active court case 2016/CC/33, Hakainde Hichilema and Goefrey Bwalya Mwamba as petitioners are seeking the same substantive reliefs as contained in the impeachment motion where they allege the President breached the Constitution. The Advocates for the petitioners were, as at 21st March 2018, filing arguments and other documents before the Constitutional Court on the very matters the Honourable Member seeks Parliament to deliberate on.”
Mwanza said at the time of authoring his letter, ground 1.3 was being argued before the Constitutional Court under cause 2017/CC/0004.
“It is my prayer that the rules of admissibility of motions would not allow Parliament to debate matters which are before the court of law,” said Mwanza.
