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Con Court maintains that Lusambo, Malanji can still attend Parliament despite nullification of their election as MPs

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Bowman Lusambo

The Constitutional Court has dismissed the matter where seven Patriotic Front -PF Members of Parliament and their two former counterparts sought an interpretation on the fate of parliamentarians whose election results have been nullified but appealed against the verdict.

The nine asked the Constitutional Court to interpret whether or not parliamentarians whose election results have been nullified by the High Court can continue to attend the National Assembly, pending determination of appeal in the Constitutional Court.

However the Constitutional Court has dismissed the case holding that the same has been overtaken by event owing to the ruling in the case of Law Association of Zambia-LAZ verse the Attorney General where the association sought the similar interpretation.

In the LAZ judgment delivered in March, the Constitutional Court ruled that Members of Parliament whose election results have been nullified but appealed to the Constitutional Court can attend the National Assembly.

The Constitutional Court anchored it judgment on articles 73 sub-articles three and four as well as 128 sub-article one clause ‘d’ of Zambia’s Constitution.

The seven PF parliamentarians and their former counterparts that filed the petition are MUTOTWE KAFWAYA of LUNTE, LUKE MUMBA of NAKONDE, TAULO CHEWE of LUBANSENSHI and CHRISTOPHER CHIBUYE of MKUSHI North.

Others are SIBONGILE MWAMBA of Kasama Central, ALLEN BANDA of CHIMWEMWE and KALALWE MUKOSA of CHINSALI Central.

On the other hand, former PF former parliamentarians BOWMAN LUSAMBO and JOE MALANJI were also part to the petition.

Lusambo and Malanji respectively held the KABUSHI and KWACHA seats who election results were annulled by the Constitutional Court recently. -znbc

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