The Lusaka High Court has stopped the decision by the Speaker of the National Assembly to allow the notice of motion to Impeach the President Edgar Chagwa Lungu.
Delivering a rulling over a matter before the court in a matter where two PF cadres were sponsored to sue the Attorney General seeking Judicial Review of the decision by the Speaker of the National Assembly to entertain the tabling of the impeachment motion.
Justice Bobo Banda said the High Court has stayed the Matter the decision of the Speaker of the National Assembly to table the Impeachment Motion until the matter is fully determined by the court.
The Motion was Issued on the 28th of March 2018 and Signed by Mazabuka Central Member of Parliament Garry Nkombo and Former Information and Broadcasting Minister Chishimba Kambwili.
And the Speaker of the National Assembly gave a rulling saying “In terms of whether or not the process or the motion that was being proposed had complied with the constitutional provisions, it had done so”.
She further stated that a private member’s motion shall be governed by the rules of admissibility but the Constitution does not give a timeframe to compel the Speaker to table the motion within the three days.
“Number two, the Standing Orders, as provided, do not compel the Speaker to table the motion within three days. Therefore, in response to this point of order the response of the Chair is that there is nothing irregular, there is nothing illegal that has happened or that the Speaker’s office has done to undermine the motion”
But Mr Chabinga and Mulenga argued that the
Grounds and issues directly touch on matters that are actively before the courts of law is illegal, unreasonable and procedurally improper.
They further argued that in reference to the grounds the Motion which do not touch on matters that are already before courts, the *Decision* of the Speaker in relation thereof to entertain the tabling of the motion was equally tainted with unreasonableness, procedural impropriety and illegality.
The cadre are being represented by Lusaka lawyers Mr Hobday Kabwe of Hobday Kabwe and Company, Mr Lewis Mosho of Lewis Nathan Advocates and Mr Kanja Mpundu of Palan and George Advocates.
The Cadres have further argued that the court should seize the opportunity to review the extent of parliamentary powers and Privalleges in the circumstance of this case.