Barely a week after the High Court told PF cadre Patrick Matibini that he has no powers to expel MPs who join different political parties, another MP has dragged the so called speaker to court for the same ‘offence’.
Matibini, overzealous to please his paymasters in PF expelled Matero MP Miles Sampa a few weeks ago.
But Sampa has now gone to court to challenge Matibini, whom most right thinking citizens agree is an embarrassment to the National Assembly.
High Court judge Betty Mung’omba has since deferred to April 4 for hearing Sampa’s case
In this case, Sampa, who stated in his affidavit filed in court that he was the Matero member of parliament, has sued the Attorney General and the Electoral Commission of Zambia (ECZ) over the purported declaration of his seat vacant.
On March 4, the state, through the Attorney General chambers, filed ex parte summons for leave to cross-examine Sampa in the matter.
The state sought an order requiring Sampa to attend cross examination at the substantive hearing of the application for judicial review and that costs of the application be in the cause.
On January 29, judge Mung’omba granted Sampa leave to challenge Dr Matibini’s declaration of the Matero seat vacant and also granted him leave to commence judicial review proceedings after his lawyer, Keith Mweemba, argued the case.
Sampa had explained that on January 26, the Attorney General served him with a letter issued by the Clerk of the National Assembly informing him that the seat he held on the PF ticket was now vacant.
“…this position was arrived at without engaging me to find out the true position regarding the current status of my parliamentary seat and status within the Patriotic Front,” Sampa submitted.
“The 1st respondent [state] alleges in the letter of 26th January, 2016 aforesaid that on the 21st day of January, 2016, I resigned from my parliamentary position as Matero member of parliament when in fact I did not do so and there is no evidence in any form canvassing the purported resignation whatsoever from me and addressed to either the Patriotic Front or by notice to the Speaker of the National Assembly.”
Sampa, who is now the Democratic Front leader, also submitted that the decision of the Speaker to declare his Matero seat vacant was tainted with irregularities.
“I verily believe that the decisions of the respondent to declare vacant my parliamentary seat and informing the second respondent about the same is tainted with irregularity; is unreasonable, illegal and as such undemocratic as there is no evidence of my resignation from the Matero parliamentary constituency seat despite concerted efforts by the sponsored detractors within the Patriotic Front to hound me out of the party,” stated Sampa.
A week ago, the High Court foiled Matibini’s attempt to kick UPND vice-president and Kasama MP Geoffrey Mwamba out of parliament.