Mwila who wrote to Speaker of the National Assembly Patrick Matinini to declare the Roan seat vacant after Kambwili’s case challenging his expulsion from the PF was thrown has now taken the matter to the High Court.
The Patriotic Front Chief Executive Officer says Kambwili’s continued hold on the seat pending appeal is illegal.
Kambwili’s application for an injunction pending appeal was rejected by the High Court on account that his action to challenge the expulsion was unlikely to succeed.
Mwila said that the dismissal of Kambwili’s case by the court means that there is no challenge currently pending in the High Court to challenge the Roan parliamentarian’s expulsion from the ruling PF.
In his matter, Mwila sued the Attorney General as the first respondent.
The PF chief said by a resolution passed by the PF central committee on July 22 last year, it was resolved to expel Kambwili from the ruling party.
“By a letter dated July 26 last year last, the Honourable Speaker was informed of the decision to expel Honourable Kambwili from the membership of the PF and to request that the Roan seat be declared vacant,” Mwila said.
On July 27, 2017, Kambwili issued a writ of summons in the High Court challenging his expulsion from the PF on grounds that the central committee never followed the due process.
On October 25, 2018 the High Court dismissed Kamwbili’s challenge on his expulsion.
Following the High Court’s decision Mwila wrote to the Speaker of the National Assembly to declare the Roan seat vacant since there was no matter pending determination at the High Court in respect of the expulsion of Kambwili from the PF.
The Speaker contended that the court had not yet pronounced itself on the merits of the case to confirm the expulsion or otherwise of Kambwili.
Kambwili’s lawyers have indicated that they wish to apply and join the proceedings.