By NATION REPORTER
THE eight PF Members of Parliament discontinued the judicial review case because the matter was not given the urgency it deserves with the few days remaining before parliament adjourns, one of the petitioners, Mr Mutotwe Kafwaya has said.
Mr Kafwaya however said the MPs were consulting with lawyers on the available options to defend their democracy which was being threatened by alleged UPND manoeuvres.
He explained that on the December 7, 2021, when the Speaker of the National Assembly, Ms Nelly Mutti gave a ruling stopping the PF MPs from taking part in any parliamentary business, the MPs filed an ex parte application for leave to commence judicial review proceedings in the night as permitted by law for urgent applications, considering that the matter was urgent.
Mr Kafwaya said Lusaka High Court Judge in Charge, Gertrude Chawatama did not entertain the application but requested that the MPs proceed to court in the morning the next day.
He said as advised, they proceed to court with their lawyers at 07:45 hours and waited until around 11:00 hours when the lawyers were called in and advised that they would be advised when the matter would be heard within the course of the day but not later than 13:00 hours.
Mr Kafwaya said at about 13:30 hours, the lawyers, Makebi Zulu Advocates were called in and advised that it had been decided that the matter would be heard by three judges namely, Judge Chawatama, Judge Kombe and Judge Wanjelani.
“Our lawyers were further advised that the matter would not take off that day as the judges wanted to hear the Attorney General also on our application and asked that we quickly serve the Attorney General so that the matter could be heard on Friday, December, 10, 2021,” he said.
Mr Kafwaya said when the matter came up on the agreed day, the lawyers from Attorney General applied for an adjournment, stating that they were not ready and it was granted despite the MPs’ lawyers objecting on grounds that the matter was urgent as people from the MPs’ constituencies were not being represented in Parliament.
He said at the hearing on Monday, December, 13, 2021 which was the set date, “we hoped that the application would be heard and the ruling given as the matter was extremely urgent.”
Mr Kafwaya however said after the hearing, the judges adjourned the case to December 15, 2021 stating that the ruling may be ready even before the stated date and they were informed that the Attorney General had filed a case for contempt against a PF official, Raphael Nakacinda.
He said they were informed the ruling would not be given until further notice even though Mr. Nakacinda, who was cited for claiming that President Hakainde Hichilema had been secretly meeting some judges was not a party in the case.
Mr Kafwaya said the MPs were surprised that despite Mr. Nakacinda not being party to the MPs’ case, the court considered it urgent to hear the Attorney General instead of giving them the ruling so that they know their fate.
“What was interesting is that when the matter came up at 09:00 hours, the Attorney General was not even ready to proceed as they had made mistakes in their application and asked the court to give them time to amend and be heard at 12:00 hours,” he said.
Mr Kafwaya said at 12:00 hours, after the Attorney General had made their corrections, the court heard them and promptly gave them an order against Mr. Nakacinda while the MPs’ ruling was pending.
‘JUDGES WERE UNDECIDED’
Our case was not treated with urgency – expelled PF MPs
