THE State has asked Lusaka High Court judge Mwila Kombe to dismiss the application by PF secretary general Davies Mwila for leave to commence judicial review proceedings against the Speaker’s decision not to declare the seat of Roan member of parliament Chishimba Kambwili vacant.
In this case, Mwila has sued the Attorney General and wants the court to quash Speaker Dr Patrick Matibini’s refusal to declare the Roan seat vacant.
He is also seeking an order of mandamus directing the Speaker to declare it vacant.
According to a statement of facts and grounds upon which reliefs are being sought, Mwila had also 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.
But when the case came up for inter partes hearing yesterday, Chief State advocate Joe Simachela submitted that Mwila’s application to commence judicial review proceedings should be dismissed on the grounds that the High Court had no jurisdiction to hear a case of a constitutional nature.
Simachela also submitted that the case should have been filed in the Constitutional Court and not the High Court.
And National Assembly of Zambia deputy clerk-procedure Cecilia Sikatele filed an affidavit in opposition to Mwila’s application.
Sikatele stated that Kambwili’s case before judge Maria Kawimbe was dismissed upon several breaches and contumelious disregard of the court’s orders.
“There is currently before the Court of Appeal cause number CAZ/08/261/2018 which is an appeal by Honourable Chishimba Kambwili challenging the decision by judge Maria Kawimbe dated 25th October 2018 pending hearing and subsequent determination. The notice of appeal and memorandum of appeal now produced and shown,” submitted Sikatele.
The PF is being represented by Milingo Lungu.