THE Constitutional Court has dismissed with costs the application in which former Roan member of parliament Chishimba Kambwili wanted the court to stay Speaker Dr Patrick Matibini’s decision to declare his seat vacant.
Constitutional Court judge Martin Musaluke dismissed Kambwili’s application for want of prosecution after he and his advocates were not present in court yesterday to argue the case when it came up for hearing in chambers.
“It appears to me that the petitioner has abandoned his application for stay of execution even though his advocates and him had no courtesy to inform the court about it,” he said.
“That said, the application for stay of execution filed on March 14, 2019 by the petitioner is forthwith dismissed for want of prosecution with costs to the respondents.”
Kambwili last week discontinued the petition he filed in the Constitutional Court in which he wanted the Speaker’s declaration of his seat vacant to be nullified.
Kambwili then commenced a fresh action in the Lusaka High Court challenging the Speaker’s decision but it was dismissed for want of jurisdiction.
After its dismissal, Kambwili went back to the Constitutional Court and was seeking among other declarations, that the purported decision by Dr Matibini to declare his seat vacant does not conform with the provision of Article 72 of the laws of Zambia and as such is not only undemocratic but also illegal, unreasonable, procedurally improper and unconstitutional.
Kambwili wanted the court to quash Dr Matibini’s purported decision to declare his parliamentary seat vacant and also to quash the decision of ECZ appointing April 11 as the date for a by-election in Roan Constituency