By SIMON MUNTEMBA
SPEAKER of the National Assembly, Nelly Mutti yesterday expelled all the nine Patriotic Front Members of Parliament whose seats were nullified by the High Court.
Soon after the ruling which came after a point of order raised by Solwezi East MP, Alex Katakwe who asked whether Kabushi MP Bowman Lusambo was in order to be in Parliament when his seat was nullified, PF MPs walked out of the House in protest, saying that the ruling was contrary to previous practice and precedence by the Constitutional Court.
In a briefing after the walkout, the MPs cited the case of Margaret Mwanakatwe Vs Charlotte Scott, in which Constitutional Court Judge Enoch Mulembe ruled that “………the seat only becomes vacant after the final determination of the Constitutional Court,” as a basis for their action.
UPND candidate for Lusaka Central constituency, Charlotte Scott had questioned why Ms Mwanakatwe continued attending parliamentary sessions when her seat was nullified by the High Court.
Leader of opposition Brian Mundubile said Ms Mutti exceeded her power as the function of interpreting the law in the Constitution was vested in the Judiciary and not Parliament.
“What has happened today is that Madam Speaker took it upon herself to interpret the constitution, to stretch the interpretation of the constitution to expel the MPs whose seats were nullified. This is indeed, very unfortunate, it has never happened in the history of Zambia,” Mr Mundubile said.
Mr Mundubile said the MPs were in solidarity with their expelled colleagues and decided to walk out to show their displeasure.
He disclosed that as a party they would sit down and plan the next move to take against the ruling.
And Parliamentary Chief Whip, Stephen Kampyongo said the PF MPs would stand firm and united in supporting their colleagues whose seats were nullified.
Mr Kampyongo said it was difficult to understand why the Speaker could expel MPs when their appeals before the Constitutional Court were not determined.
First of all, he said, I do not know how to describe that ruling.
He said the Speaker had no constitutional powers to interpret the constitutional matters that were before the Constitutional Court.
Matero MP, Miles Sampa also said what had happened was very unfortunate but also pledged to give support to the expelled PF MPs.
Meanwhile, prominent lawyers are shocked with Ms Mutti’s decision, saying that she exceeded her Constitutional powers when she expelled the nine PF MPs from the House as they had appealed against the nullification of their seats.
The lawyers said Ms Mutti had no powers to interpret constitutional matters.
Constitutional lawyer John Sangwa said the Speaker’s decision was unsound and illogical as it was not backed by the law.
Mr Sangwa said the MPs were supposed to continue attending Parliamentary business until their appeals were disposed of by the Constitutional Court.
“The decision is unsound and illogical, not backed by the law. The decision by the High Court is not final. By law, the decision of the Constitutional Court is final and not the High Court,” he said.
Mr Sangwa said the Speaker’s decision would without doubt be overruled by the court once the PF apply for a stay.
Mr George Chisanga, who is former Law Association of Zambia president and Mr Tutwa Ngulube said as it was in the case of Margaret Mwanakatwe Vs Charlotte Scott where the court guided that a seat could only become vacant after the final determination of the Constitutional Court, the same was applicable to the expelled MPs’ seats.
The MPs’ whose elections were nullified are from Kabushi, Chimwemwe. Lunte, Nakonde, Chinsali, Kasama, Kwacha, Mkushi North, and Lubansenshi constituencies.
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