Speaker erred to declare GBM’s seat vacant – High Court

The Lusaka High Court has ruled that Speaker of the National Assembly Dr. Patrick Matibini was wrong to declare the Kasama Central seat vacant.

High Court Judge Florence Lengalenga has also ruled that Kasama Central Member of Parliament Geoffrey Bwalya Mwamba should be given all his emoluments from the time his seat was declared vacant by the Speaker.

Judge Lengalenga says the Speaker crossed his jurisdiction by declaring the Kasama Central seat vacant.

She has also ordered the state to bear all the legal costs for the Kasama Central lawmaker.

This is in a case in which Mr. Mwamba challenged Dr Matibini’s decision to declare his seat vacant.

In his application, Mr. Mwamba said he already had a pending matter in the courts of law regarding his membership in the Patriotic Front.

He said Dr Matibini’s decision to declare his seat vacant should have come after the outcome of this petition.

Mr. Mwamba contended that Dr Matibini should have properly ruled over the issue of whether his Parliamentary seat was to become vacant after the determination by the Court over his membership.

Mr. Mwamba’s seat was declared vacant on July 28 2015 by Dr Matibini following his decision to join the UPND and his subsequent appointment as vice-president for administration – qfm