FORMER Roan Member of Parliament Chishimba Kambwili has abandoned his action in the Constitutional Court in which he was challenging the declaration of his seat vacant by Speaker of the National Assembly Patrick Matibini.
However, Kambwili has filed a fresh motion in the Lusaka High Court seeking leave to apply for judicial review over Matibini’s decision.
Kambwili has filed a motion to discontinue the matter in the Constitutional Court but wants the High Court to grant him leave to apply for judicial review that will stay the declaration pending the determination of the matter.
The former Roan lawmaker Kambwili has sued the Attorney General and Electoral Commission of Zambia (ECZ) and wants the court to declare that Matibini’s decision did not conform with the provision of Article 72 .
He wants the court to quash the decision by Dr Matibini to declare his parliamentary seat vacant and also to annul the decision of ECZ appointing April 11, 2019 as the date for a by election in Roan parliamentary constituency.
Kambwili wants the court to further prohibit ECZ accepting the nomination papers from the aspiring candidates.
The Roan seat was declared vacant on February 27 after a ruling on a point of order raised by Malambo lawmaker Makebi Zulu who wondered whether Kambwili was in order to hold on to the seat on the PF ticket whilst also publicly confessing that he was the leader of the opposition National Democratic Congress (NDC).
The Electoral Commission of Zambia (ECZ) has declared April 11 as the date for the by-election for the Roan seat.