Africa-Press – Zambia. THE Constitutional Court has ruled that nine Patriotic Front (PF) members of parliament (MP) banned from attending Parliament business by the Speaker of the
National Assembly should remain in Parliament because they appealed against the nullification of their seats. Speaker Nelly Mutti on December 7, 2021 banned nine MPs whose seats were nullified by the High Court from attending Parliament business.
The nine are Bowman Lusambo (Kabushi), Joe Malanji (Kwacha), Allen Banda (Chimwemwe), Kalalwe Mukosa (Chinsali), Mutotwe Kafwaya (Lunte), Lucas Simumba (Nakonde), Taulo Chewe (Lubansenshi), Christopher Chibuye (Mkushi North) and Sibongile Mwamba (Kasama Central).
The nine MPs petitioned the court, seeking an order that the Speaker’s decision be quashed for being illegal, unreasonable and unfair. They also sought an order that the dues for the duration of their suspension from Parliament be paid to them and that the Speaker’s decision be stayed.
In a judgement in the matter, judge Mulonda ruled that Speaker Mutti should not have sent the nine MPs away because they appealed against the High Court’s decision to nullify their seats which by the operation means that they retained their seats in Parliament until the determination of the appeal by the Constitutional Court.
“We hold that a member of parliament whose election has been nullified by the High Court and appeals to this court, by operation of the law retains the seat in parliament pending the determination of the appeal,” he said.
The Law Association of Zambia (LAZ) had asked the court to interpret provisions of the Constitution which the Speaker used to bar the nine PF MPs whose parliamentary elections were nullified.
Meanwhile, Nakonde MP Luka Simumba has said that by now the speaker should have resigned on her own following the decision by the Constitutional Court to allow opposition MPs to return to parliament after their election results were nullified and later appealed.
“When you look at what she did, it was uncalled for! She put the peace of the Zambian people at risk. For me, I was just praying for justice to prevail and it has prevailed,” he said.
Mr Simumba was among the nine Patriotic Front(PF) MPs that were initially suspended from attending sessions and drawing salaries on account of election nullification by the High Court despite appealing.
He will, however, continue to stay out of parliament following the suspension of 30 PF MPs that protested in the house late last year. “Let’s just be united the same way we’ve been and let’s just wait for another 30 days that I’ll go to Parliament to present all the problems we have, ” he said
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