LUSAKA High Court judge Mwila Kombe will today hear inter partes the case in which PF secretary general Davies Mwila is seeking leave to commence judicial review proceedings against the Speaker’s decision not to declare the seat of Roan member of parliament Chishimba Kambwili vacant.
Instead of granting Mwila an ex parte order, judge Kombe decided to hear arguments from both Mwila and Kambwili’s lawyers before she could rule on whether the PF had an arguable case for her to grant leave for judicial review and whether it would act as a stay of the Speaker’s decision.
Mwila has cited the Attorney General in this case.
He wants the court to quash Dr Matibini’s refusal to declare the seat vacant and seeks an order of mandamus directing him to declare it vacant.
According to a statement of facts and grounds upon which reliefs are being sought, Mwila stated that the Speaker should declare that there was no suit on the part of Kambwili pending before court to challenge his expulsion from the PF.
He stated that the decision of Dr Matibini to refuse to declare the seat vacant was illegal as it was in contravention of Article 72 of the Constitution of Zambia.