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LAWYERS TO CHALLENGE GEARS ON ATTEMPTS TO STOP NULLIFIED MPS ATTENDING PARLEY

By GIDEON NYENDWA
It is not illegal for the nine PF MPs whose seats have been nullified to take part in parliamentary business as long as the matter was still before the courts, they could continue to speak in the National Assembly, Lusaka-based lawyer Makebi Zulu has said.
Mr Zulu said they would be filing their position in a matter in which Governance Elections Advocacy Research Services Initiative Zambia Limited (GEARS) petitioned the Constitutional Court against members of Parliament whose seats had been nullified by the High Court seeking an order restraining them from participating in any Parliamentary business.

Mr. Zulu said the MPs should continue to speak in parliament until the court makes its final pronouncement.
GEARS last week filed a petition in the Constitutional Court against nine PF members of Parliament whose seats were nullified by the High Court seeking an order restraining them from participating in any parliamentary business.
The nine MPs are Bowman Lusambo (Kabushi), Joseph Malanji (Kwacha), Mutotwe Kafwaya (Lunte), Sibongile Mwamba (Kasama Central), Luka Simumba (Nakonde), Allen Banda (Chimwemwe), Taulo Chewe (Lubansenshi), Kalalwe Mukosa (Chinsali) and Christopher Chibuye (Mkushi North).
The Attorney General has also been cited as the 10th respondent in the matter.

GEARS , a non-profit organisation, seeks a declaration that the nine having been declared by the High Court as not duly elected MPs, by attending sessions of the National Assembly and participating in parliamentary business breached the constitution and the Electoral Process Act.
The petitioner wants the court to declare that the nine seats are vacant and would remain so until by-elections are held.

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