FORMER Roan parliamentarian Chishimba Kambwili has petitioned the Constitutional Court to declare null and void Speaker of the National Assembly Patrick Matibini’s ruling in which the seat was declared vacant. Mr Kambwili, who is National Democratic Congress (NDC) consultant, also wants the Constitutional Court to order that the Roan seat did not fall vacant following Dr Matibini’s ruling. Last week, Dr Matibini declared the Roan constituency seat, then held by Mr Kambwili of the Patriotic Front (PF), vacant as the hitherto lawmaker was deemed to have crossed the floor.

The Speaker was ruling on a point of order raised by Malambo Member of Parliament Makebi Zulu. Mr Zulu had asked the Speaker whether Mr Kambwili was in order to remain in the House as a PF lawmaker when he publicly declared that he is leader of the opposition NDC. In his ruling, Dr Matibini said Dr Kambwili had crossed the floor when he told journalists that he cannot be fired from the NDC because he was the leader of the opposition political party.

The Speaker said it is clear that Mr Kambwili, who was elected on the PF ticket, had become an NDC office-bearer. But Mr Kambwili has asked the Constitutional Court to annul the Speaker’s decision to declare his seat vacant. This is contained in a petition filed in the Constitutional Court on Wednesday in which he has cited Attorney General Likando Kalaluka as the respondent.

The former Roan lawmaker contends that his rights as a duly elected legislator have been severally infringed upon by Dr Matibini, and that the Speaker allegedly violated various Constitutional provisions through his actions. Mr Kambwili accused the Speaker of breaching the Constitution by rendering a ruling linked to his association with the NDC when the matter is still active in the High Court.

“The petitioner (Mr Kambwili) is fully aware that the notion of being a consultant engaged by NDC is and was at all material times the subject of active litigation before Honourable Justice Kawimbe by way of a counter claim,” the documents read in part. Mr Kambwili contends that the counter claim before Justice Kawimbe has to date not been presided over by the said judge and awaits hearing. He is now seeking a declaration and order that he did not cross the floor as ruled by Dr Matibini. Mr Kambwili is further seeking remedies that