THE Constitutional Court has subpoenaed Speaker of the National Assembly Dr Patrick Matibini and ZNBC director general Richard Mwanza to testify in a case where a Kabangwe resident sued 44 UPND members of parliament for shunning President Edgar Lungu’s address to Parliament in 2017.
Richard Mumba petitioned the court and wants an order that the opposition members of parliament who are Gary Nkombo and 43 others breached the Constitution when they shunned President Lungu’s address.
He wants the court to declare that Nkombo and 43 others contravened Articles 72 (2)(c) and 261 of the Code of ethics; Articles 260 Oath of office and section 19 (e); acts of intentional disrespect to the President and proceedings of the National Assembly when they shunned President Lungu’s address on March 17, 2017.
ConCourt judge Enock Mulembe granted leave to issue subpoenas upon hearing Counsel for the petitioner and reading the affidavit he filed.
Petitioner Mumba through his lawyer Robson Malipenga asked the court to subpoena Dr Matibini and Mwanza.
According to subpoena ad testificandum and duces pursuant to section of the Constitutional Court Act No. 8 of 2016 dated March 18, Dr Matibini was commanded in the President’s name to attend at the sittings before the Constitutional Court of Zambia at Lusaka on March 20, 2019 for hearing of the petition.
Dr Matibini was commanded to bring with him and to produce all documents in his custody relating to the 44 respondents.
He is also commanded to avail a list of documents to give evidence on behalf of Mumba on what he knew about the matter before court as the Speaker of the National Assembly of Zambia.
Dr Matibini was notified that failure to attend court would be deemed as contempt and may result in committal to prison.
Dr Matibini has been commanded to produce before court; Oath of allegiance and office sworn before him in September 2016 for the 44 respondents.
He is also commanded to produce consolidated salaries and allowances paid by the government to the 44 UPND MPs or any other documents as proof of payments, such as pay slips.
Dr Matibini is also commanded to produce the Presidential speech or report by President Lungu on the progress of the national values and principles delivered on March 17, 2017 in the National Assembly or Parliament and any relevant documents to the matter.
And in a subpoena to Mwanza, he was commanded to bring with him and produce television broadcast footage of March 17, 2017 of President Lungu in the National Assembly of Zambia or Parliament to give evidence on what he knew on the matter before court.
Mwanza was also notified that failure to attend court would be deemed as contempt and may result in committal to prison.