Judge dismisses Kambwili’s appeal for stay of execution in expulsion case

LUSAKA High Court judge Maria Kawimbe has refused to stay execution of her decision to dismiss a case where Roan PF member of parliament Chishimba Kambwili was challenging his expulsion from the ruling party.

Judge Kawimbe dismissed Kambwili’s case for want of prosecution.

Kambwili appealed to the Court of Appeal and asked judge Kawimbe to stay execution of her judgment but the judge has declined, saying there was nothing to stay.

She said after hearing Kambwili’s application, she found that he had not met the criteria for being granted a stay pending the outcome of his appeal, adding that it was unlikely that it would succeed.

“The plaintiff ‘s action was dismissed for want of prosecution. Therefore, what is there for this court to stay? Accordingly, I dismiss this application and I make no order for costs,” judge Kawimbe said.

On October 25, judge Kawimbe dismissed Kambwili’s case for want of prosecution but on October 26, the member of parliament filed ex parte summons under Order 34 Rule 10 of the High Court Rules supported by an affidavit and certificate of urgency, seeking a stay of execution of the judge’s decision.

Kambwili had stated that if his application for stay was not granted, his appeal would be rendered an academic exercise and the Speaker of the National Assembly would move to declare his parliamentary seat vacant much to his disadvantage.

But Kambwili yesterday said the development has no consequence on his parliamentary seat because under the current constitution,

We already appeared to the higher court but stay is of no consequence because under the current constitution you don’t need a stay for the Speaker not to take action, it’s just a court process you need. Even when we took the matter to court, there was no stay, explained Kambwili. That stay we were doing it for other things not for the parliamentary seat.