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… as ConCourt brands him not “serious”


CHISHIMBA Kambwili is not serious to prosecute his case, says Constitutional Court Judge Martin Musaluke.

Judge Musaluke made the observation yesterday after he dismissed with costs disgruntled Kambwili’s quest to stay the execution of the Speaker of the National Assembly Patrick Matibini’s decision to declare his seat vacant.

Judge Musaluke expressed concern that neither the petition not his advocates were present to argue the application.

“This is the petitioner’s application for a stay of execution of the Speaker’s decision to declare his seat vacant. At this hearing neither the petition not his advocates are present to argue the application. “It appears to me that the petitioner has abandoned his application for stay of execution even though his advocates not him had the courtesy to inform the court about it,

“This said the application for stay of execution filed on March 14 2019 by the petitioner is forthwith dismissed for want of prosecution with costs to the respondent,” Judge Musaluke ruled.

In this matter, Mr Kambwili petitioned the Constitutional Court to declare that his seat did not fall vacant as ruled by the Speaker.

Mr Kambwili  who has sued the Attorney General and Electoral Commission of Zambia (ECZ) wanted 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 (2)  of the Laws of Zambia and as  such is not only undemocratic  but also illegal , unreasonable , procedurally  improper and unconstitutional . Dr Matibini declared Mr Kambwili’s sear vacant in Parliament on February 27 after a point of order raised by Malambo MP Makebi Zulu.It was ruled that Mr Kambwili’s crossed the floor by virtue of him being a PF MP but being a consultant of the opposition National Democratic Congress.

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