PARLEY CANNOT DEBATE MATTERS IN COURT-ACTIVIST
PARLIAMENT cannot debate matters which are before the court of law, says Good Governance Activist Isaac Mwanza.
In a petition to the Clerk of the National Assembly and availed to the Daily Nation, Mr Mwanza argues that the motion of impeachment submitted by Mazabuka Central Lawmaker, Gary Nkombo, on the impeachment of the President , must be struck out because under the principal of separation of powers, Parliament cannot debate matters which are before the courts.
Mr Mwanza further argues that matters in ground 1.1 and 1.2 are matters which are active before the Constitutional Court (case number 2016/CC/33).
Accordingly 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 Miyanda in respect of the alleged
contravention of the Constitution of Zambia as amended by President Edgar Lungu, while a matter relating to ground 2.1.5 may prejudice an active investigation being conducted by Zambia Police Service.
He says under the said active court case 2016/CC/33, UPND president, Hakainde Hichilema and his vice, Godfrey Bwalya Mwamba as petitioners are seeking the same substantive reliefs as contained in the impeachment motion where they allege that the President breached the Constitution.
Mr Mwanza adds that the advocates for the petitioners were, as at 21st March 2018, filing arguments and other documents before the Constitutional Court on the very matters Mr Nkombo seeks Parliament to deliberate on.
“As at the time of authoring this letter on 27th March, 2018, 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,” reads part of the petition.