Kambwili backtracks on ConCourt petition over parley seat
HUMILIATED former Roan Member of Parliament Chishimba Kambwili has discontinued a petitioned he filed last week in the Constitutional Court where he was seeking an order that Speaker of the National Assembly, Patrick Matibini’s decision to declare his seat vacant was null and void.
But Mr Kambwili has however, filed a fresh motion in the Lusaka High Court seeking leave to apply for the Judicial Review to challenge the Speaker’s decision.
He stated that if the High Court grants him leave to apply for judicial leave, it should order and direct that Dr Matibini’s decision of declaring the seat vacant be stayed pending the determination of the matter.
Mr Kambwili who has sued the Attorney General and Electoral Commission of Zambia (ECZ0 also wants the court to declare that the purported decision by Dr Matibini to declare his seat vacant does not conform with the provision of Article 72 920 (a0 to (i) of the Laws of Zambia and as such is not only undemocratic but also illegal , unreasonable , procedurally improper and unconstitutional .
He wants the court to quash the decision of Dr Matibini purporting to declare his parliamentary seat vacant and also to quash the decision of ECZ appointing April 11, 2019 as the date for a by election in Roan parliamentary constituency.
Mr Kambwili wants the court to prohibit ECZ from accepting the nomination papers from the aspiring candidates.
He state that Dr Matibini declared his seat vacant on February 27 in parliament after a point of order raised by Malambo MP, Makebi Zulu on February 21, 2019.
Mr Kambwili stated that he also came to learn of the by-election to elect a new MP for Roan constituency scheduled for April 11, 2019 through the ECZ which has appointed and prescribed March 14, 2019 as the date to lodge complete and attest statutory declaration and nomination papers filing by all aspiring candidates.
he stated that he was fully aware that the notion of being a consultant engaged by the NDC was at all material times the subject of active litigation before Judge Mopani Kawimbe by way of counterclaim, a matter which has to date allegedly not been presided over by the court and awaits a hearing date .