PF MPs application to stay Speaker’s ruling referred to full bench

CONSTITUTIONAL Court Judge Judy Mulongoti has referred an application by the nine Patriotic Front (PF) Members of Parliament to stay the Speaker’s decision to expel them from the House pending determination of their petition to a full bench of the Constitutional Court.

Ms Justice Mulongoti also ordered that the matter challenging the Speaker’s decision be remitted to be heard by the full bench of the Con-Court after the state raised a preliminary issue on the competence of the petition before the same court.

The applicants who include Bowman Lusambo (Kabushi), Joseph Malanji (Kwacha), Allen Banda (Chimwemwe), Kalalwe Mukosa (Chinsali), Mutotwe Kafwaya (Lunte), Lucas Simumba (Nakonde), Taulo Chewe (Lubansenshi), Sibongile Mwamba (Kasama Central) and Christopher Chibuye (Mkushi North) cited Attorney General as the respondent had applied for a stay of execution of the High Court’s judgement pending determination of the matter.

They contend that Ms Nelly Mutti defied precedence, the subjudice rule and the legitimate expectation of them to continue sitting as MPs until determination of their appeals against the nullification before the Con-Court.

The aggrieved MPs stated that the Speaker contravened article 122 of the Republican constitution as her interpretation usurped the power of the Con-Court.

Mr Kafwaya and others are seeking a declaration that the said Speaker’s decision to bar them from taking part in any Parliamentary business was a breach of the constitution.

They seek an order of certiorari to quash the said decision until the determination of their appeals for being illegal, unreasonable, unfair, and thus null and void.

However, when the matter came up for hearing of the application of a stay, the State through Solicitor General Marshal Muchende raised preliminary issue on the competence of the main matter which is an issue of the full court.

Mr Muchende said the Court could not entertain the application of the stay as it would require the court to make a decision on the main matter, which decision cannot be made a single Judge.

And addressing journalists shortly after court session , PF acting President Given Lubinda described the outcome as a temporal snag and called on the party members to remain calm as they await hearing of the main matter.

“We have hit a very temporarily snag as you can imagine the wheels of justice sometimes don’t run as quickly as you want them to run. Today, our team of lawyers were confronted by a preliminary issue that was raised by the State and learned Judge decided the matter will be escalated to the full bench of the Constitutional Court. We have not gotten the date yet. All we can say is that we are patient. We have confidence that the constitutional court will bring this matter to close as expeditiously as possible,” he said.

And the State in its affidavit in opposition to the application filed earlier, National Assembly deputy clerk Ms Cecilia Sikatele argued that the Speaker’s ruling was in accordance with the constitution and was also within her constitutional mandate as promulgated by article 77(1) of the constitution as read with Standing Order 239.

Article 77(1) states ; subject to this article and article 78, the National Assembly shall regulate its own procedures and make Standing Orders for the conduct of its business.

Ms Sikatele stated that in the absence of a stay of the Judgement that nullified the seats of the nine , the decision of the Speaker was Constitutional.

The State thus asked the Court to dismiss the application and would bear the costs.