PF LOSES APPEAL IN KAMBWILI EXPULSION CASE

THE Lusaka High Court has thrown out an application by the Patriotic Front to strike out an amendment on expelled Roan Member of Parliament Chishimba Kambwili’s originating process in which he is challenging his expulsion from the PF.

In this matter, Mr Kambwili is challenging his expulsion saying it was wrongful, illegal, null and void, and that his rights under the party constitution were infringed upon as he was not given an opportunity to answer the charges.

But the PF through its secretary-general Davis Mwila raised a preliminary issue asking the court to strike out the matter because Mr Kambwili did not give an address where documents would be served within the radius of 10 kilometres from the Lusaka High Court.

Mr Mwila contended that the writ of summons filed by Mr Kambwili were irregular as Mr Kambwili had made amendments to the originating process without leave of the court.

Mr Kambwili however, submitted that the amendments made without leave of the court had nothing to do with the changes of the party by name or capacity in which he was suing.

He argued that no new cause of action was being introduced nor a change in the statement of claim. When the matter came up for ruling, High Court Judge Petronella Ngulube ordered parties in the matter to ensure that the court documents are drafted in line with the provisions of the law to avoid unnecessary applications.

Justice Ngulube dismissed Mr Mwila’s application citing Article 118 sub article 2 (e) of the Constitution which called upon the courts to ensure that justice was administered without undue regard to procedural technicalities.