Lungu’s impeachment halted

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President Lungu at State House

THE Lusaka High Court has halted the impeachment of President Edgar Lungu following a challenge against the Speaker’s decision to entertain the motion.

The Applicants, Robert Chabinga and Henry Mulenga say the Speaker’s decision to accept the motion of impeachment was unreasonable, procedurally improper and illegal.

The decision they said was tainted with procedural impropriety, because the issues raised in the impeachment directly touched on matters that were actively before the courts of law making it illegal, unreasonable and procedurally improper.

The applicants are being represented by Lusaka lawyers Mr Hobday Kabwe of Hobday Kabwe and Company, Mr Lewis Mosho of Lewis Nathan Advocates and Mr Kanja Mpundu of Palan and George Advocates.

They noted that parliament could be challenged in court when it made decisions that impinged on constitutionality and that the National Assembly was not meant to shield itself with privileges which glaringly undermined the constitution.

The rule of law they noted provided for the control of public power including judicial review of all legislation and conduct which was inconsistent with the constitution.

In her ex parte order for leave to apply for judicial review granted on 4th April, 2018, Judge Bobo Banda granted the application for leave that was to operate as a stay of the decision of the Speaker of the National Assembly to table the Notice of Motion presented by Mr Gary Nkombo and Mr Chishimba Kambwili to impeach the President pending the full determination of the matter or until any further direction by the court.

The Applicants noted that any act or omission that contravened the constitution was illegal. The motion was such act.

This was because the motion of impeachment dealt with grounds that were still being determined by another arm of the government which were the courts of law and were therefore sub judice.

Failure to observe this fact was prejudicial.

They argued that the Speaker’s decision to table the motion was unreasonable in so far as the Speaker should have known some of the issues raised were before the courts or irrelevant as they related to decisions made by independent organisations such as Kawambwa Tea and ZAFFICO operating under the Industrial Development Corporation (IDC), which entities were audited by the Auditor General and were therefore accountable to the central treasury.

They also said that the motion was unreasonable because all the signatories who appended their signatures were members of the UPND, hence the Speaker should have exercised reasonable observation of partisanry.

They also said the motion was illegal, null and void because the Speaker should not have entertained receipt and notice of matters that were either awaiting determination under various causes before the courts, or indeed were not of sufficient gravitas to warrant the impeachment of a sitting President.

The matter will now come before the court for determination.

Source: Daily Nation

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7 Responses to Lungu’s impeachment halted

  1. “ONLY A TONGA MUST LEAD UPND” Says Sejani. This is waste of time by this tribal grouping called UPND.

    saimbwende saimbwende
    April 10, 2018 at 7:15 pm
    Reply

    • saimbwende u need deliverance of the highest order cz u r so blind like batemeous of the Jesus’ time

      kcm
      April 12, 2018 at 7:13 pm
      Reply

  2. Just face the impeachment and debate the facts raised

    Mumbi Bwalya
    April 10, 2018 at 11:17 pm
    Reply

  3. Lungu has once again paid up some people to frustrate the impeachment as he did the petition. The only solution is to pray for God to sort this evil Lungu and his accomplices.

    Lungu has to go
    April 10, 2018 at 11:24 pm
    Reply

    • It will not work. If upnd are clever enough let them impeach there small god HH first and put a new leader with clean record to face ECL on a ballot. Otherwise they are going no were. Leave our president Lungu alone. You did not vote for him. Concetrate on the rebuilding of your part. Upnd is the dullest oposition part we have never had for the history of Zambia. Its one year now since we wired you but you are still busy going to courts. Impeaching our president it will not work in Jesus name. If it means praying and fasting we shall do so. The God who made Lungu to become the zambian 6 th Republican president will also protect him in all your evil plans. Lungu won by 52% if you don’t know and its a big group. They can’t let you continue with your norsens. Your HH has been rejected by Zambians please find someone else to be your leader. Put William Banda president and Masebo as his Runing mate.

      PRIVATISATION
      April 12, 2018 at 12:56 pm
      Reply

  4. Parliament is sovereign and self regulatory and cannot be stopped by a single Judge. The courts are there to interpret the law and not to stop the function of parliamnet. It would appear the judge in question is paid up by PF collaborates in abrogating the constitution by ECL again. The impeachment motion should go ahead to show credibility of our Justice system if there is any left at all.

    Banda
    April 11, 2018 at 12:50 am
    Reply

  5. Jonathan Mutaweri has a mental problem that is why he has forged Someone’s law certificate he used his tactics in the book of criminals to block the petition and eventually arrested the legitimate president HH. Lungu Jonathan is working around the clock to block the dialogue and now he has moved to block his impeachment this man is dangerous and should be impeached because he is nuisance…He wants to be in state house to steal and bribe idiots to manipulate the constitution…Lungu must not be allowed he must go to Malawi he is not even Zambian

    Sharon Mulenga
    April 12, 2018 at 3:44 am
    Reply

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