Stay UPND case, Speaker asked

Sat, 01 Apr 2017 11:42:05 +0000

LUSAKA lawyer Robson Malipenga has asked Speaker of the National Assembly Patrick Matibini to stay disciplinary proceedings against 52 UPND MPs until the Constitutional Court determines the petition he filed on behalf of his client Richard Mumba.

“Whilst the National Assembly is independent, it would be in the interest of justice that the proceedings at the National Assembly be stayed pending determination of the matter before the Constitutional Court of Zambia which is empowered to interpret the Constitution.

“In the premises, further proceedings of the National Assembly whilst the matter is before the Constitutional Court, may prejudice the outcome of the matter,” Mr. Malipenga said on behalf of Mr. Mumba.

In his petition filed on March 22, 2017, Mr. Mumba said the MPs contravened the Constitution of Zambia by breaching the prescribed Code of Conduct and Ethics of the office of a Member of Parliament, the Oath of Office, and Oath of Allegiance to the President as per Standing Order 8 (3) of 2016.

He said the 52 lawmakers contravened the Constitution of Zambia by acts or omissions of illegally staying away from the National Assembly; failed to preserve, protect and defend the Constitution; and breached Standing Order 10 (5) of 2016, which mandatorily required them to stand in their places when the President entered and left the chamber.

“The 52 MPs breached parliamentary etiquette which required them to be present in the House a few minutes before the scheduled time of commencement of sitting as per Clause 2 Chapter 5 of the National Assembly Members’ Handbook, 2006.

“The 52 MPs breached parliamentary etiquette by disrespecting the President of the Republic of Zambia by not attending his address to the National Assembly on 17th March, 2017. The conduct of the 52 MPs requires the Constitutional Court to interpret the law, Standing Orders and National Assembly Handbook, 2006,” he said.