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GBM’s Seat Already Vacant, Submits National Assembly
DEPUTY clerk administration of the National Assembly Cecilia Mbewe says Speaker of the National Assembly Patrick Matibini did not act irrationally, unreasonably, illegally, procedurally improper or in excess of his jurisdiction when he declared the Kasama Central Parliamentary seat vacant.
This is in a case in which former Kasama member of Parliament (MP) Geoffrey Mwamba is challenging Dr Matibini’s decision to declare his seat vacant.
Mr Mwamba has also sued the Attorney-General Likando Kalaluka and the Electoral Commission of Zambia (ECZ).
According to an affidavit in opposition to summons for an order of stay, Ms Mbewe said Dr Matibini was merely enforcing the provisions of the constitution which fall within his jurisdiction and that the court has nothing to stay because Mr Mwamba’s seat was already declared vacant.
“The Speaker was merely enforcing the provisions of the constitution which he has always exercised in the course of his duties as Speaker of the National Assembly without necessarily interfering with the powers of the other arms of Government,” Ms Mbewe said.
She said Mr Mwamba ceased to be a member of the Patriotic Front (PF) which sponsored his election as Kasama member of Parliament in 2011, when he accepted the position of United Party for National Development (UPND) vice-president for ad-ministration.
She said Mr Mwamba commenced a petition challenging his expulsion from the PF which did not preclude Dr Matibini from delivering his reserved ruling on a point of order raised by Minister of Home Affairs Davis Mwila in Parliament when he wanted to know whether it was in order for Mr Mwamba to continue being an MP when he had joined the opposition party.
“Having already delivered his ruling and declared the seat vacant, there is absolutely nothing for this honourable court to stay,” Ms Mbewe said.
In his application, Mr Mwamba said he already had a pending matter in the courts of law regarding his membership in the Patriotic Front (PF).
He said Dr Matibini’s decision to declare his seat vacant should have come after the outcome of this petition.
Mr Mwamba contended that Dr Matibini should have properly ruled over the issue of whether his Parliamentary seat was to become vacant after the determination by the High Court over his membership.
Mr Mwamba’s seat was declared vacant on July 28 by Dr Matibini following his decision to join the UPND and his subsequent appointment as vice-president for administration.
Posted by Kunda
on August 20, 2015. Filed under LATEST NEWS.
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NAILS
August 20, 2015 at 10:14 am
GBM LET IT BE.WITH THE PREVAILING SITUATION IN THE COUNTRY THEY WILL NOT MANAGE TO UNSEAT YOU. THIS GOVERNMENT IS A FAILURE AND PEOPLE HAVE LOST HOPE IN IT.BE CALM
Isaac
August 20, 2015 at 11:54 am
That wont come to pass my dear. If you have harsh economic pressure in your pocket, doesn’t mean the same in Kasama. What you’re saying is what we call a Lusaka politics which have totally nothing to do with pple there in Kasama and indeed many other provinces.
mj banda
August 20, 2015 at 10:36 am
these so called popular opposition clowns just power hungry, just accept and prove yourself. kuina kwati nkhumba. this fatness is just matenda to be cured.
Hello Haters
August 20, 2015 at 10:47 am
When we make you taste your own caveman name calling politics, @ no lets debate issues, mwatukula naka lufumo mwanafyala kwati ni chula.
Matheews
August 20, 2015 at 10:36 am
Chidumbo Kapompa SALADI.
NAPACHEPA
August 20, 2015 at 11:17 am
fat albert the man with a big body but with small brains says HH
Judge Joe Bidden
August 20, 2015 at 11:36 am
The best way to shut ’em up is to win back your seat.
The Spartacus
August 20, 2015 at 11:40 am
Th speaker errored by declaring th sit vacant when th matter was stil before th courts of law..both interested parties should just wait for outcome frm court..
Judge Joe Bidden
August 20, 2015 at 11:48 am
Thats when you can tell just like the majority of the judges in Zambia are just PF scumbags who manipulate decision making wholly based on who feeds their pockets in kickbacks.
ken
August 20, 2015 at 5:11 pm
What was in court was petition against being chased from PF. The speaker informed a different issue where madumbo joined another Party. Please for once use your brain not always using your battocks.
Denkete
August 20, 2015 at 6:58 pm
walasa mwaice ken.
J. CHiiiKALI!
August 20, 2015 at 11:42 am
They are jst Playing Cards while wasting taxPayers money 2moro Siamunene the other day HH will appoint another 1 frm PF – Ama Fridge Twalishimya Parliament should Tok on finding means abt the Power Deficit and other human need… Mealie Meal Prices etc..
melvin tonga bull
August 20, 2015 at 11:47 am
GBM STOP HIDING BEHIND THE COURTS. WHAT IS IT THAT YOU ARE AFRAID OF IF YOU ARE POPULAR AS YOU CLAIM. MEET THEM HEAD ON AND PROVE YOUR CLAIMS.
Paul Phiri
August 20, 2015 at 12:17 pm
Its not just about being Popular Kanshi mwebantu. You can be Popular but in Nonsense, Just like the way Lungu’s Popularity Bases on Incompetence to Govern this country.
ken
August 20, 2015 at 5:16 pm
EL for 2016. Just because you are broke does not mean that the economy us bad. Wanya ilekunyokola
Alex Phiri
August 20, 2015 at 12:02 pm
My vote will never go to UPND, NEVER EVER!
TRIPOLI
August 20, 2015 at 12:15 pm
I ALSO DECLARED EDGAR’S SIT VACANT A LONG TIME AGO.
Paul Phiri
August 20, 2015 at 12:20 pm
Alex! it is not also on the tribe but some one with a selfless heart to govern.
Paul Phiri
August 20, 2015 at 12:21 pm
Ba Tripoli Bakamba Ine Nimu January 2015 Before
He ascended to Power.
Chibote
August 20, 2015 at 12:33 pm
What GBM is contesting is his membership in PF. The speaker nullified his seat based on GBM’s crossing of the floor by accepting his appointment as Veep in UPND. Read the constitution you guys.
Truth Hates
August 20, 2015 at 12:33 pm
GBM is a coward. Is he functioning in UPND? Now he regrets losing the seat. This man did a miscalculation.
eddy
August 20, 2015 at 12:34 pm
If GBM is man enough,let him stand on UPND in Kasama Central so that we can show him and his ka god HH that PF is much bigger than both HH and GBM!!not even his money can make him retain his seat under tribal UPND!!PLUS IN COURTS GBM WONT SUCCEED BCOZ THE SPEAKER WAS 100% RIGHT ON THIS ISSUE.UPND AND GBM GOT IT WRONG HERE AND LET THEM BE STRONG ENOUGH TO FACE MIGHTY PF FACE TO FACE IN A BY ELECTION AND SEE WHO WILL SMILE AFTER VOTING!!!
spongebob
August 20, 2015 at 12:52 pm
whether the court rules in favour of gbm or not the fact still remains that he has crossed the floor already and the seat will still be vacant. No brains in upnd to understand simple logic
Judge Joe Bidden
August 20, 2015 at 1:20 pm
Just for argument’s sake, when does a seat becomes vacant, when you say Im joining that party, or when you write an official letter declaring your shift?? Correct me, should the Speaker of the Nat. Assembly base his declaration on, in this case hearsay? Shouldnt he base his declaration on some formal written statement from the Party thereto attached a letter of resignation of the MP?
spongebob
August 20, 2015 at 3:23 pm
How did GBM get that position in upnd, is it just a rumor that he is upnd veep or it is true. Am sure for someone to hold a high and elective position in a big opposition party there must be paperwork invilved and the same paper work can be used to prove that he is no more pf but uond simple. whats is difficult for you to understand.
mj banda
August 20, 2015 at 6:45 pm
@jjb mbuya, when does an insult become official, is when someone tells u face to face or when he/she writes to you?
Denkete
August 20, 2015 at 7:03 pm
JJB I thot you are beyond this shallow thinking. lol. GBM was on TV and a ceremony was thrown for his joining upnd. come on JJB, be objective boyi naiwe!!!
biko
August 20, 2015 at 1:40 pm
Pipo ready the consititution than yaping like. Lets owez talk or base our aguments with what the law says. Mr Matibini has never made any mistek. GBM was braging when they won they a local by election & saying that that was just the begining of the end of PF in Kasama. The truth is that they UPND went on the ground & hav known the truth that he cant win it bak.
MajorZotaya
August 20, 2015 at 2:48 pm
Going through comments, ba upnd you advised gbm wrongly, now that things have turned ant-clock wise, you are busy yarping, read and understand the constitution. Whether courts or no court gbm must relinguish his seat and recontest on upnd ticket, since he is popular, its walkover. we shall see.
The Spartacus
August 20, 2015 at 3:56 pm
Every zambian on this land has got a constitutional right to be head in th courts of law and it is only when all th four floors of courts ar exhausted that’s when we say its over..in this case GBM should not be seen as some one who doesn’t have an idea abt th constitution is merely exercising his rights. Neither the speaker nor anybody else save for th supreme court will nullify his sit..
lemba
August 20, 2015 at 5:01 pm
This issue is very simple and straight forward. As GBM ever refuse that he has not joined UPND or is not the VP for UPND? Was he not paraded at the press conference to announce that he is now officially the VP for UPND? If so why accuse the Speaker for nullifying his sit. Why didn’t he refuse right there in Parliament when the motion was raised, he was at liberty to deny that he has not joined UPND that it was just a joke but not to date he is mute, just arguing and going to Court. Any way since he has got a lot of money let him off load some to the lawyers if he loses he should appeal to the Supreme Court. Otherwise everybody knows that he is VP in UPND so he should stop wasting other people’s time, the Speaker is every busy man to be trotting to court every now and then. Coward.
Onyx power @vampiro
August 20, 2015 at 5:19 pm
The big question is why is gbm dragging his feet to let go of pf.
Andy
August 20, 2015 at 5:50 pm
Why is GBM waisting pipos time and money? He knows the truth, he is just buying time before the next election . He cant reclaim the sit in kasama on upnd ticket and he knows it within himself. Bwana if u feel u have that mascle to challenge pf, then let the sit be vacant so u show them Period!
Denkete
August 20, 2015 at 7:04 pm
JJB I thot you are beyond this shallow thinking. lol. GBM was on TV and a ceremony was thrown for his joining upnd. come on JJB, be objective boyi naiwe!!!
CNN
August 20, 2015 at 7:28 pm
The speaking was wrong to declare the seat vacant when he knew that the court was handling the issue of membership of the same person,look now the speaker has been dragged to court and as things stand gbm is still an mp,this will take another one or two years to be disposed and the speaker will look foolish gbm will be in parliament debating