National Assembly challenges Mwiimbu’s court action

THE National Assembly has contended that issues raised by leader of the opposition Jack Mwiimbu, pertaining to the deliberations of Constitutional Amendment Bill 10 of 2019, are wrongly before the High Court because they raise matters of a constitutional nature.

In this matter, the UPND Monze Central Member of Parliament has asked the court to allow him challenge the decision of the Speaker of the National Assembly of June 24 this year, where he allowed continued debate on Constitutional Amendment Bill No 10 of 2019 regardless of the fact that the Bill allegedly lapsed on June 4 this year.

Mr Mwiimbu argued in his application for judicial review that the decision of the Speaker, Dr Patrick Matibini was unreasonable and unjustifiable because the Bill lapsed on June 4 and is not amenable to further consideration, debate or process in the National Assembly.

The reliefs sought by Mr Mwiimbu is an order by the High Court directing the Speaker to discontinue any further consideration, debate or other proceedings in relation to Bill 10. A declaration that the decision of the Speaker is invalid, null and void and of no effect.

But the National Assembly through its deputy Clark, Cecilia Sikatele want the matter thrown out of the High Court for want of jurisdiction.

According to the affidavit in opposition, Ms Sikatele explained that Constitutional Amendment Bill 10 of 2019 was adopted by the National Dialogue Forum (NDF) on May 14 2019, after the NDF concluded its deliberations on the Bill.

She highlighted the several stages that the Bill went through in the National Assembly as well as the deferments due to Covid-19 and other reasons.

Ms Sikatele stated that on June 23 2020, the Clerk received a request from Justice Minister Given Lubinda to

defer consideration of the Bill to a later date and that upon receipt, the Standing Orders Committee convened on June 24, to consider the request by the minister.

Ms Sikatele states that the Standing Orders Committee derives its powers from the National Assembly of Zambia Standing Orders, 2016, which derives its authority from the constitution.

She stated that the Standing Orders Committee resolved to extend the life of the Bill to a date not later than the last day of the current meeting.

Ms Sikatele stated that when the Bill came up for second reading on June 24 this year, Mr Lubinda requested that the Bill be deterred to a later date and that the Speaker however, allowed the request.

She said that as a result of the decision of the Standing Orders Committee, Mr Mwiimbu commenced this