- Mr Gary Nkombo’s purported letter where he is requesting the Speaker to use his discretion and restore the motion to impeach President Edgar Lungu on the floor of the National Assembly for debate and voting.
By GRACE CHAILE-LESOETSA
LUSAKA lawyer Robert Chabinga and Henry Mulenga have asked the Speaker of the National Assembly not to restore the motion to impeach the President saying that will be committing an illegal act.
The two through their lawyers Lewis Nathan Advocates stated in a letter dated November 27, 2020 urging the Speaker Dr Patrick Matibini to ignore Mr Gary Nkombo’s purported letter where he is requesting the Speaker to use his discretion and restore the motion to impeach President Edgar Lungu on the floor of the National Assembly for debate and voting.
Mr Chabinga and Mr Mulenga contend that the UPND Member of Parliament Mr Nkombo had applied to be joined to the same case of Robert Chabinga and Henry Mulenga vs Attorney General (2018/HP/0650) and that the Court of Appeal granted the joinder.
They stated that the Chabinga case is still pending before the High Court and has not yet been concluded by the said Court.
The duo also argue that Articles 122 (1), 122 (2) and 122 (4), of the constitution of Zambia 1991 as amended by act no.2 of 2016 also prohibit any person holding public office from interfering with judicial functions of a judge .
“Mr. Speaker, all MPs being persons holding public office (their emoluments being a charge on the Consolidate Fund or on a fund to which is credited revenues and other monies accruing to the Treasury) shall contravene the Constitution and thereby commit an illegal act if they proceed to restore and debate the motion tabling of which is an issue pending determination before the High court,” they argued.
“Any tabling or restoration of the motion will contravene Article 122 of the Constitution aforesaid and any debate will thus be illegal pursuant to Article 1 (2) of the said Constitution,” the two argued further.
Mr Chabinga and Mr Mulenga said the consequences of the entire House committing an illegal act are vast and they include private prosecution of each MP pursuant to appropriate provisions of the Penal code Chapter 87 of the laws of Zambia.
Mr Nkombo is alleged to have asked the Speaker in a letter dated November 19, this year to restore the motion to impeach President Lungu dated 22nd march 2018