Concourt orders UPND to amend response
…or their answer and amended affidavit shall be struck out and dismissed
THE Constitutional Court has ordered United Party for National Development (UPND) Mazabuka Member of Parliament Garry Nkombo and 52 others to amend their answer in a matter in which a Lusa- ka resident, Richard Mumba sued them for shunning President Edgar Lungu’s address to parliament.
Judge Enock Mulembe said that if the amendments were not made, their answer and amended affidavit shall be struck out and dismissed.
In a ruling delivered on July 13, 2018, judge Mulembe dismissed Mr Mumba’s application to strike out the answer. He agreed with the 53 legislators that the defects observed in their amended affidavit and amended answer were curable.
Judge Mulembe allowed the MPs to rectify the defects in their affidavit stating that there was no justification to warrant the complete striking out and dismissal of the amended answer and amended affidavit. “In this regard, I order that the respondents rectify the identi- fied defects and file re-amended answer and affidavit within 14 days from the date of ruling,” judge Mulembe said.
In this matter Mr Mumba asked the court to dismiss the answer from 53 UPND Members of Parliament who shunned President Edgar Lungu’s address to parliament last year.
Mr Mumba petitioned the court, seeking a declaration that Gary Nkombo and 52 others contravened articles 72 (2)(c) and 261 of the code of ethics; articles 260 oath of office and section 19 (e); acts of intentional disrespect to the President and proceedings of the National Assembly when they shunned President Lungu’s address on March 17, last year.
In an amended answer from the 53 UPND MPs, they contended that the petition was incompetently before the court as it did not disclosed any alleged violation of the Constitution.
They further argued that the events that transpired on March 17, last year, could not amount to a breach of any constitutional obligation such as the oath of office and allegiance, which were not absolute. And according to an affidavit in support of summons to strike out and dismiss the parliamentarians’ answer, Mr Mumba contended that their response was against the rules of the court.
He said the MPs’ responses offended the rules of practice and procedure for being highly irregular as they contained arguments and not defence.
Mr Mumba said the amended affidavit was incompetent, embarrassing, and frivolous, vexations and abuse of the court process and meant to delay the matter.