LUSAKA High Court judge Annesie Banda Bobo has dismissed with costs an application by Mazabuka UPND member of parliament Garry Nkombo and Roan PF parliamentarian Chishimba Kambwili to join the judicial review proceedings challenging the Speaker’s decision to entertain the impeachment motion.
In this case, Robert Chabinga and Henry Mulenga have sought judicial review proceedings against Speaker Patrick Matibini’s decision on the notice of motion, ground supporting the notice of the impeachment motion and signatures of one third of the members of the house supporting the same which Nkombo and Kambwili presented on March 23, 2018.
The Speaker had decided that the motion would be tabled and discussed at full length at a given date in June.
Chabinga and Mulenga have cited Attorney General Likando Kalaluka.
Nkombo and Kambwili applied to join the proceedings as mover and seconder of the motion, arguing that they had vested interest in any proceedings before the courts of law relating to the motion.
“Such interest includes being allowed to defend allegations as to the competence or otherwise of the motion, its subject matter and its content which shall inevitably be among the issues for determination in the substantive proceedings before your Ladyship,” read their joint affidavit filed in court. “We stand to be affected by the outcome of these proceedings in view of the possibility that they may result in the decision of the Speaker of the National Assembly to declare that the motion is properly before the House being quashed.”
But Chabinga and Mulenga asked judge Bobo not to allow Nkombo and Kambwili to be joined to the case because they have not demonstrated sufficient interest as to why they should be part of the proceedings.
Ruling in the matter, judge Bobo refused to join Nkombo and Kambwili on the ground that they did not have sufficient interest to warrant them being joined.
Judge Bobo said by seeking impeachment on matters that are before the Constitutional Court, Nkombo and Kambwili were forum shopping, adding that they should not be joined to the judicial review.