By DELPHINE ZULU –
THE Lusaka High Court has granted former Kasama Central member of Parliament (MP) Geoffrey Mwamba leave to commence judicial review proceedings against the National Assemby Speaker’s decision to nullify his seat.
High Court Judge Florence Lengalenga granted Mr Mwamba leave to apply for judicial review after reading the statement contained in the lodged notice pursuanse to Rule 3 (2) of Order 53 of the Supreme Court.
“It is hereby ordered that the application be allowed and that the said applicant is granted leave to issue a notice for judicial review,” Justice Lengalenga said.
Mr Mwamba had asked the court to grant him leave to apply for judicial review to challenge the decision of the Speaker of the National Assembly Patrick Matibini to declare his seat vacant.
In his application, Mr Mwamba said he already had a pending matter in the courts of law regarding his membership in the Patriotic Front (PF).
Mr Mwamba, who is United Party for National Development (UPND) vice-president for administration, has in this matter sued Attorney General Likando Kalaluka, Dr Matibini and the Electoral Commission of Zambia (ECZ).
He stated that Dr Matibini’s decision to declare his seat vacant should come after the outcome of the matter in which he is challenging his membership in the ruling party.
The applicant contended that Dr Matibini should have properly ruled over the issue of whether or not his parliamentary seat was to become vacant after the determination by the High Court over his membership.
Mr Mwamba’s seat was declared vacant on July 28 by Dr Matibini following his decision to cross over to UPND and appointed as vice-president for administration in the opposition party.
Dr Matibini said a member of the National Assembly shall fall vacate his seat in the Assembly if he/she becomes a member of a political party other than the party of which he was an authorised candidate when elected to the National Assembly.
Mr Mwamba immediately ceased to be Kasama Central member of Parliament although he did not voluntarily resign from the PF, the party which sponsored his candidature in the 2011 general elections.