You have no jurisdiction to declare seats vacant, judge tells speaker


By Esther Chisola

The Lusaka High Court has told Second Deputy Speaker Moses Moyo that his decision to declare nine PF parliamentary seats vacant was irrational and without jurisdiction.

This was said by Lusaka High Court judge Susan Wanjelani when she quashed Moyo’s decision to declare nine PF parliamentary seats vacant.

Judge Wanjelani’s ruling came after the nine parliamentarians challenged Moyo’s decision to declare their seats vacant.

In her judgement delivered today, Justice Wanjelani said the second Speaker’s decision was without jurisdiction.

“In sum total, I find that the decision of the second Deputy speaker of the National Assembly of Zambia to declare the seats vacant was ultra vires/without jurisdiction and irrational. Consequently, the Applicants are hereby, granted the order of certiorari and the decision of the second Deputy Speaker to declare the seats held by the applicants vacant is hereby quashed,” ruled the court.

“Costs are for the Applicants to be taxed in default of agreement. Leave to appeal is granted.”

In this matter, the applicants were Stephen Kampyongo, Brian Mundubile, Christopher Kang’ombe, Ronald Kaoma Chitotela, and Remember Chanda Mutale.

Others are Mulenga Francis Fube, Mutotwe Kafwaya, Nickson Chilangwa, and Emmanuel Mpankata Musonda.

On July 3, 2024, Moyo declared the nine seats vacant on the point of order raised by Information and Media Minister Cornerlius Mweetwa.

Mweetwa wanted to know why the nine PF Parliamentarians had continued to attend the National Assembly when they were expelled by their Party.

He relied on former PF secretary general Morgan Ng’ona’s correspondences to the National Assembly that the nine PF members of Parliament were expelled.

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