Expelled Patriotic Front (PF) Roan Member of Parliament Chishimba Kambwili has filed an application in the Lusaka High Court to join the proceedings in the case in which PF Secretary General Davies Mwila is asking the Court to direct Speaker of the National Assembly Patrick Matibini to declare the Roan seat vacant.
Mwila has challenged the Speaker’s decision not to declare the Roan seat vacant after Kambwili lost his court challenge in the High Court.
Kambwili has since appealed the decision putting the Speaker in a tight corner.
Mwila argued that Matibini’s refusal to declare the seat vacant is illegal and against article 72 of the Constitution.
He argued that the Speaker’s decision to give latitude to the court to conclusively deal with the case is unlawful.
Mwila said that the dismissal of Kambwili’s case by the court means that there was no challenge currently pending in the High Court to challenge the Roan parliamentarian’s expulsion from the ruling PF.
But Kambwili has applied to be joined to proceedings as he is an interested party.
In his affidavit in support of ex parte summons for an application for joinder pursuant to Order 14 Rule 3 of the High Court Rules of Zambia has indicated that since the subject matter of these proceedings is whether or not the Roan seat should be declared vacant, then he should be duly made party to the same and have an opportunity to be heard.
Kambwili argues that any decision made with regards to the Roan seat directly affects him.
Deputy Clerk of the National Assembly Cecilia Sikatele has already testified in the matter making it clear that the Speaker cannot declare the seat vacant whilst the matter is still active in court.