‘Dismiss Kambwili, Nkombo’s impeachment application’

THE High Court should reject the application to join the impeachment challenge in the court because they are forum shopping.

This is in case which Mr Robert Chabinga and Mr Henry Mulenga sued the Attorney General over the Speaker’s decision to table the impeachment motion of President Edgar Lungu and want the High Court to dismiss with costs, Chishimba Kambwili and UPND Mazabuka Central MP Garry Nkombo’s application to join the case.

The applicants have urged the court to dismiss the matter with costs because the error on the part of the intended joinders was fatal, serious and went to the root of the jurisdiction of the court to hear and grant the reliefs sought by the intended joinders.

The two further argue that Mr Kambwili and Mr Nkombo had not demonstrated their interest in the matter, adding that their application for joinder was anchored on a wrong provision of the law.

Earlier, Mr Nkombo, being the mover of the motion in Parliament and Mr Kambwili as the seconder of the motion applied to be joined to the proceedings as interested parties.

But the applicants in their opposition said for a party to be joined, they must demonstrate that they were entitled to or share interest in the subject matter of the suit or are likely to be affected by the results.

They argued that the fact that the motion movers may be affected by the decision of the court does not give them sufficient interest or authority that entitles them to be joined to the proceedings.

“The first and second intended joinders have no interest in the subject matter of the action which concerns the exercise by the Speaker of the National Assembly of his powers as speaker.

The applicants challenged the two parliamentarians to state whether they are opposing, supporting or wish to join as friends of the court.