ConCourt orders AG to file response to Kambwili’s petition against Speaker’s ruling on Roan seat

CONSTITUTIONAL Court judge Martin Musaluke has ordered the Attorney General to file an answer and accompanying affidavits in opposition by April 8 in a matter Chishimba Kambwili has petitioned the decision by Speaker of the National Assembly to declare his Roan seat vacant.

Judge Musaluke has also ordered Kambwili to file an answer if any to the Attorney General’s affidavits in opposition by April 15.

According to orders for directions, the court has asked parties to exchange and file witness statements, skeleton arguments and lists of authorities on or before April 29 after attending to discovery and inspection.

“Petitioner to file consolidated record of proceedings on or before the 6th of May 2019,” he ordered.

Judge Musaluke has set May 7 for status conference.

In this case, Kambwili has challenged Dr Matibini’s decision of February 27, 2019 where he declared his seat vacant for crossing the floor.

He wants the court to declare and order that Dr  Matibini’s declaration of his seat vacant was null and void.

Kambwili is also 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 further wants 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, 2019 as the date for a by-election in Roan parliamentary constituency.

Kambwili had applied that the decision of Dr Matibini be stayed but the application was dismissed because his lawyers did not appear in court to argue the matter./

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