Speaker of the National Assembly Patrick Matibini says the Constitutional Court went beyond its mandate and exceeded what it was asked to rule on, when it commented that he had exceeded his powers when he expelled Chishimba Kambwili.
Commenting on the Constitional Court Ruling when Parliament resumed its seating on Tuesday, Matibini stated that the Court commented on matters that were not before it and was not canvassed on.
He said the pronouncement of the Court cannot therefore hold as a precedent .
In March 2020, the Constitutional Court ruled that the Speaker of the National Assembly Dr Patrick Matibini exceeded his powers when in his ruling declaring Chishimba Kambwili’s Roan seat vacant, he proceeded to interpret statutes in order to “cure” the lacuna he identified in Article 72 of the Constitution as amended.
The court noted that the function of interpreting the law and the Constitution was vested in the Judiciary.
This came to light when the Court threw out a matter in which Kambwili, who is former Roan PF member of parliament, was challenging Dr Matibini’s decision to declare his seat vacant for allegedly floor crossing.