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Expelled MPs challenge Deputy Speaker’s decision to declare their seats vacant

mwebantu.com 2024/10/5

THE Nine Patriotic Front (PF) members of Parliament whose seats were declared vacant by Deputy Speaker of the National Assembly Moses Moyo have have gone to the Lusaka HIgh Court to challenge the decision.

Lunte Member of Parliament Mutotwe Kafwaya and others have applied for judicial review against the decision to declare their seats vacant this week.

The other petitioners are Brian Mundubile(Mporokoso), Christopher Kang’ombe(Kamfisa), Ronald Chitotela(Pambashe), and Stephen Kampongo(Shiwangandu).

The rest are Remember Mutale (Chitambo), Mulenga Fube(Chilubi), Nickson Chilangwa(Kawambwa), and Musonda Mpakata(Luposhoshi).

Their seats were declared vacant following a ruling by Mr Moyo on a point of order raised by Chief Government spokesperson Conerlius Mweetwa.

In his point of order, the Minister of Information and Media and Choma Central MP asked whether the nine lawmakers were on order to be present in the National Assembly when they were expelled by their party president Miles Sampa.

Mr Moyo ruled that since the affected MPs had not challenged their expulsions, they remain expelled and therefore, were not in order to continue being in the House.

But the affected MPs have filed a lawsuit against the Speaker’s decision in which they have cited the Attorney General as respondent.

In judicial review application, the petitioners contend that Mr Moyo’s decision to declare their seats vacant was illegal, irrational and unreasonable.

The nine MPs argue that Mr Moyo acted unlawfully by declaring their seats vacant because they have not been expelled by the PF, citing the case of Chishimba Kambwili verses the Attorney General and Derrick Chitala verses the Attorney General .

“The action contravened Standing Order Number 57 clauses 1, 2, 3 and 4 of the National Assembly,” the document reads.

Further, the MPs contend that the National Assembly does not have jurisdiction to declare their seats vacant as there is an active matter before the Constitutional Court where they have contested the rescinded announcement of their expulsion.

The submit that if their application for leave to seek judicial review is granted,

the same must operate as a stay or halt the declaration of their seats vacant.

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