High Court stays Speaker Moyo’s Expulsion of 9 Members of Parliament
Lusaka, Zambia – July 10, 2024
The High Court of Zambia has granted leave to apply for judicial review to nine Members of Parliament who challenged the decision declaring their seats vacant. The ruling, issued by the Honourable Judge of the High Court, came after an application and supporting affidavit were presented by the lead applicant, Hon. Brian Mundubile, on behalf of the other eight parliamentarians.
The applicants, who include Hon. Stephen Kampyongo, Hon. Christopher Kang’ombe, Hon. Ronald Kaoma Chitotela, Hon. Remember Chanda Mutale, Hon. Mulenga Francis Fube, Hon. Mutotwe Kafwaya, Hon. Nickson Chilangwa, and Hon. Emmanuel Mpakata Musonda, contested the decision made on July 3, 2024, by the second speaker of the National Assembly. The decision declared their parliamentary seats vacant, triggering immediate legal action.
During the hearing, counsel for the applicants argued that the decision was unlawful and sought the court’s intervention to stay its effects until a thorough judicial review could be conducted. The High Court, upon reviewing the affidavit and considering the submissions, issued an order granting leave for judicial review and staying the implementation of the decision to vacate the seats.
In the ruling, the Honourable Judge stated, “The applicants are hereby granted leave to apply for judicial review forthwith. The decision dated 3rd July 2024, made by the second speaker of the National Assembly declaring the nine parliamentary seats vacant, is hereby stayed pending the determination of these proceedings.”
This stay means that the nine MPs will retain their seats until the court makes a final ruling on the matter. The decision is a temporary reprieve for the parliamentarians and a crucial step in ensuring their voices are heard in a judicial setting.
The legal battle now shifts focus to the substantive judicial review, where the court will delve deeper into the merits of the case. The outcome will have significant implications for parliamentary procedures and the broader political landscape in Zambia.
This case underscores the importance of judicial oversight in the governance process and the critical role of the judiciary in upholding the rule of law and protecting the rights of elected officials.
Further developments in this case will be closely monitored, as they hold the potential to shape the future of parliamentary democracy in Zambia.
