December 25, 2018

44 UPND MPs Await ConCourt Decision on Presidential Boycott

Government officials, stake holders, journalists and Patriotic Front (PF) supporters awaiting the arrival of President Michael Sata for the first official opening of the eleventh National Assembly at Parliament grounds in Lusaka on October 14, 2011 – Picture by Joseph Mwenda.

A Kabangwe resident who applied to have 53 opposition UPND Members of Parliament’s seats to be declared vacant for shunning President Edgar Lungu’s address on March 17, 2017 has kept his fight going in the Constitutional Court.

Richard Mumba has asked the Constitutional Court to grant him an Order for leave to amend the process.

According to an affidavit in support of summons for leave to amend the process pursuant to Order IX Rule 19 of the Constitutional Court Rules, the petitioner is desirous to amend the process by adding Articles 9 (2) which were left out in the originating process.

Mumba wants the Constitutional Court to declare the seats for the lawmakers vacant for having breached their constitutional duty of swearing loyalty to the President.

In this case Mumba petitioned the Constitutional Court seeking a declaration that the seats of 53 UPND MP’s among them Mazabuka MP Garry Nkombo be declared vacant for boycotting the state of the nation address to the National Assembly by the President.

The UPND lawmakers boycotted the Presidential address following their post 2016 election grievances where they alleged that they did not recognize President Lungu.

Nine of the 53 lawmakers were later removed from the list by Speaker of the National Assembly as they had permission to be away from parliament.

The MP’s that were left off the hook were Jack Mwimbu, Mwandi (Monze Central) Sililo Mutaba, Elliot Kamondo (Mufumbwe) , Ephraim Belemu (Mbabala), Victor Lumayi (Chavuma) among others.

The remaining 44 lawmakers were suspended from parliament for one months with their pay also taken off for that period.

The 30 days suspension meant they were not be allowed to enter the precincts of the National Assembly, including the Motel and not participate in any business or activity of the House or committee they were assigned to.

Dr Matibini cited the powers vested in him under section 28(2) of the National Assembly (Powers and Privileges Act).

However, Mumba additionally sought a stiffer punishment by petitioning the Constitutional Court to declare the seats vacant.

The matter is before Justice Enock Mulembe who has since adjourned it to January 15 ,2019 for hearing of an application for an order for leave to amend process on behalf of the applicant on the grounds set out in the affidavit in support.