PATRIOTIC Front (PF) vice-president Given Lubinda has instructed members of Parliament to begin the process of impeaching Speaker of the National Assembly, Nelly Mutti, for allegedly abrogating the constitution.
This follows the Speaker’s ruling that MPs whose elections were nullified pending Constitutional Court determination not to participate in parliamentary business.
And the National Democratic Congress has also demanded the impeachment of Ms Mutti as Speaker of the National Assembly, “for gross misconduct as stipulated by article 83(a)- for violation of the Constitution of the Republic of Zambia and Article 83(c)- for gross misconduct.”
In a statement, NDC president Saboi Imboela said, “evicting Members of Parliament from the house based on them having gotten allowances or pay in case that the Constitutional Court ruling does not rule on their side is a reasoning not provided for in the constitution.
“We, therefore, demand that impeachment proceedings be instituted against Honourable Nelly Mutti for violating the constitution and gross misconduct,” Ms Imboela said.
Ms Imboela also said, “we would also like to encourage the Speaker to make her rulings based on sound Constitutionalism that we know she is well vested in and not allow any invisible hands or politics to take over. Her role is critical to the good governance of this country, and we do not want to see what looks like revenge politics taking over our Legislature.”
And Mr Lubinda yesterday instructed the nine PF members of Parliament who were expelled from the house on Tuesday following the Speaker’s ruling, to go to parliament and sit in the gallery.
Mr Lubinda said the Speaker’s propensity to do things outside the law should be stopped.
“”Leader of opposition. You are hereby instructed to proceed with impeachment process. Impeach the one who is abrogating the constitution. She is chair of that house to superintend over the business of that house. She is referee… but because she is a ‘Diramba’ we must make sure she takes her ‘Diramba’ issues outside parliament,” he said.
And Mr Lubinda said that the MPs shall not stay away from parliament buildings on the basis of what he called a “nonsensical” ruling.
He told the MPs to sit in the public gallery and not in the Chamber where the Speaker had powers.
“All of you are instructed to go to parliament. Go and sit in the gallery and show her that you are not about to give up the authority that the people gave you. Let the people who elected you see that you are sitting in the precincts of parliament until our lawyers get you the necessary documents. Stay in the gallery,” Mr Lubinda said.
“We in the Patriotic Front shall stand firm in defending the constitution, we are ready to defend our sovereignty with our blood,” he said.
And Mr Lubinda said the quiver in the Speaker’s voice when delivering her ruling was indicative that she was under a spell.
Meanwhile, Mr Lubinda has instructed their lawyers to determine whether the ruling by the Speaker was in order and whether she was not breaching the separation of powers doctrine by interpreting the law on behalf of the courts of law.
And the NDC has also observed that, “the actions by the Speaker to remove Members of Parliament whose nullified seats have been appealed and are before the Constitutional Court, have contravened Article 72(2)h), 73(4) of the constitution of Zambia and also the Constitutional Court ruling on February 18, 2020 in the case of Chishimba Kambwili v Attorney General 2019/CCZ/009; where the Constitutional Court ruled that the then Speaker, Dr. Patrick Matibini did not have the powers to interpret or resolve constitutional problems or matters that were before the Constitutional Court. This power is vested in the judiciary and not office of the Speaker, Dr.Matibini therefore, usurped the powers of the judiciary.”
“Articles 72(h) and 72(4) read together with the 73(4) is very clear that a parliamentary seat can only be made vacant or dissolved by a court ruling and that a Member of Parliament should continue as an MP pending the determination of the election petition by the courts,” Ms Imboela said.
IMPEACH SPEAKER – PF
…opposition parties demand removal of Speaker Mutti
