GEARS now wants PF MPs cited for contempt

By GRACE CHAILE LESOETSA
GOVERNANCE Elections Advocacy Research Services Initiative Zambia Limited (GEARS) has argued that the nine PF Members of Parliament committed contempt of court by attending sittings after their seats had been nullified by the High Court.
GEARS submitted that disobeying court orders simply because one had appealed against a decision is an act of contempt and should receive the full wrath of the Constitutional Court.
“The acts by the nine respondents of attending sittings of the National Assembly in the face of a High Court order declaring their election as void is not only a breach of the constitution but is contemptuous and an assault on the integrity of the courts and administration of justice,” the organisation argued.
In this 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 its business breached the constitution and the Electoral Process Act (EPA).
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 (Lubasenshi), Kalalwe Mukosa (Chinsali) and Christopher Chibuye (Mkushi North).
The Attorney General has also been cited as the 10th respondent in the matter.
It wants an order barring the said MPs from attending sessions and otherwise masquerading as elected MPs under further order of the court.
The petitioner wants the court to declare that the nine seats are vacant and would remain so until by-elections are held.
GEARS wants the ConCourt to order the High Court registrar to deliver a report containing the name and particulars of all persons implicated in acts of corrupt and illegal practices during the trials of the petitions to the Electoral Commission of Zambia and the Director of Public Prosecutions.
It stated that the respondents’ actions are in breach of Articles 68(1), 72(2) and 73(4) of the Constitution as read together with Section 108 of the EPA no. 35 of 2016.
However, Mr Malanji raised preliminary issues urging the court to dismiss the petition describing it as an abuse of court process as the aggrieved MPs had appealed against the subordinate court’s decision.
But GEARS has asked the court to dismiss the notice of motion to raise preliminary issues with costs.
It argues that an appeal does not act as a stay of the High Court’s decision.
“Thus attendance by the said respondents of Parliamentary sessions when they are effectively not elected MPs is a gross illegality and a blatant assault on the constitutional order prevailing in the country,” it submitted.