By GRACE CHAILE LESOETSA
THE Constitutional Court will this Monday, January 3, 2022 determine an application by the nine Patriotic Front (PF) Members of Parliament to stay the Speaker’s decision to expel them from the House pending determination of the matter.
The applicants whose seats were nullified by the High Court contend in their petition that the ruling by the Speaker, Ms Nelly Mutti defied precedence, the subjudice rule and the legitimate expectation of them to continue sitting as MPs until determination of their appeals against the nullification before the Con-Court
The applicants who include Bowman Lusambo (Kabushi), Joseph Malanji (Kwacha), Allen Banda (Chimwemwe), Kalalwe Mukosa (Chinsali), Mutotwe Kafwaya (Lunte), Lucas Simumba (Nakonde), Taulo Chewe (Lubansenshi), Sibongile Mwamba (Kasama Central) and Christopher Chibuye (Mkushi North) have cited the Attorney General as the respondent.
According to the notice, the application to stay the Speaker’s decision passed on December 7, 2021 will be determined on January 3, 2022 by Judge Judy Mulongoti.
In a petition filed on December 21 in Con-Court, the aggrieved MPs stated that the Speaker contravened article 122 of the Republican constitution as her interpretation usurped the power of the Con-Court.
Mr Kafwaya and others are seeking a declaration that the said Speaker’s decision to bar them from taking part in any Parliamentary business was a breach of the constitution.
They seek an order of certiorari to quash the said decision until the determination of their appeals for being illegal, unreasonable, unfair, and thus null and void.
