Politics

High Court Throws Out Kambwili’s Roan Challenge

FORMER Roan Member of Parliament Chishimba Kambwili’s application for judicial review in the Lusaka High Court over the declaration of the Roan parliamentary seat vacant by Speaker of the National Assembly has been thrown out.

The Roan seat was declared vacant on February 27, 2019 after the Speaker ruled that Kambwili could not be seating as the Patriotic Front lawmaker whilst also heading another political party.

The Lusaka High Court has dismissed Kambwili’s his application for judicial review for want of jurisdiction.

In dismissing Kambwili’s case the High Court advised that the applicant could not shift recourse of a matter to the High Court with a matter that fell squarely in the exclusive jurisdiction of the Constitutional Court.

The court has noted that the characteristics of a dispute determines the forum to which an applicant or claimant should have recourse to as a matter that is purely within the exclusive jurisdiction of the Constitutional Court cannot be launched via judicial review under the public law.

The Court found it irregular that Kambwili abandoned the matter in the Constitutional Court only to re-launch before the High Court which they found inconceivable.

“In view of the foregoing, I come to the conclusion that the application for leave should be denied for want of jurisdiction and I so order, the application is therefore dismissed,” stated the court.

The former Roan lawmaker Kambwili sued the Attorney General and Electoral Commission of Zambia (ECZ) and wanted the court to declare that Matibini’s decision did not conform with the provision of Article 72 .

Kambwili was challenging Matibini’s decision to declare the Roan seat vacant.

He wanted 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.

25 Comments

  1. Herv Rena

    This is the beginning of the end for CK.Government shall now buy the whole Roan.,Let him just stand as Mp under NDC otherwise his son has no chance.No walk ova.

    Reply
  2. Nyengo sibweni

    I wrote one time that law is vry balance and only unbalance 2 court abuser lik mr kambwili who insult concourt and take a small high court. Fighting while u already lost 2 show off and a open chellenge now real men selected frm weaker men. Luanshaya is ready 4 a by-election and the roan constitution has bin acting comedy movie name not respect courts and actor kambwili is hit. Todays kambwili case throw out end of his politics and lose 2 his family. I prayer GOD 2 help him 2 receive it and GIVE HIM WISDOM AND LEARN 2 MAKE FINAL CHOICES NOT UNDECIDE LEADERSHIP Has shown bcoz own’t vote 4 him com 2021

    Reply
  3. One zed manex

    I have always said on this platform that kambwili is not a serious leader,the man is just a big mouth man with no brains & people have been crisising me,now you are seeing for yourselves what kind of a coward he is & a double sided man,he still wants to be in PF.

    Reply
  4. Jimmy shaba

    Kambwili must emulate kalaba instead of subjecting us to political circus

    Reply
  5. Lazi

    I don’t think Kambwili is likely to win on another party. I think this is the route he decided to take but it will politically cost him. The fact that even when he was expelled from PF, he still held on to the party, it simply means he has no immediate future plans for himself. Am sure PF will fight hard by whatever means to win Roan, am seeing Kambwili watching from afar.

    Reply
  6. STAIN BUGA

    As far as I’m concerned Chishimba Kambwili is that kind of man who has no future plan. Let him just concentrate on his children and families

    Reply
  7. John

    The end of someone’s political career is fast approaching.In this world,lets learn to be humble.Overrating oneself in a populist manner is bad.

    Reply
  8. Joe

    In eastern Kambwili means a hoe so just look at the work of a hoe which is being used anyhow that is why kambwili kuwayawayafye.

    Reply
  9. Muyunda muyunda

    I have been analyzing C. K politics, one thing I have observed in him is that.. He doesn’t use much of his brain… The only side he seem to be good is talking. For me, C. K really talks. The other thing I have observed in him is; he doesn’t have a long term plan in politics. He only has short term plans and his short term plans is be popular and win elections there and then. If it is possible to become the President. If the man had a long term plan in politics he would have concentrated to strengthen his party NDC that’s all. Unlike jumping from one party to the other with no direction.

    Reply
  10. NDC carder

    I love Kambwili he is a clear leader not kuwayawaya we see in others I can see King cobra blood in him. Do be coward you supported him but why today you call him name. Imbwili ni mbwili watch the space

    Reply
  11. Zattie Bee

    Joe you made my day. Kambwili ni khasu yolimila a farm tool but this one no one has used it. It has used itself. It’s finished. MHSRIP. Goodbye Kambwili see you when I too die one day. I with ll miss you dear comedian.

    Reply
  12. Nyengo

    Kambwili is praised of say the truth but with no direction and only in zambia where u get rich and ruling party member vry…corrupt 4 not give mangos 2 pipo under the tree and eatin alone. Kambwili hated pf 4 bin corrupt 2 the core and he lost faith in president lungu bcoz was fire and until no corrupt cases are on in our courts. This fake accusation win truth 2 those usin media 2 supports

    Reply
  13. Mufunelooo

    Hakambwili is not a political factor

    Reply
  14. Bruno mars the moonshine jungle master

    I love kambwili so much

    Reply
  15. LEVY

    Cant he stand for his own.

    Reply
  16. Dm

    Zambians will never change even if you’re are jobless but you’re still supporting the ruling party. That man Kambwili is our mouth piece him is managing three meals a day.be supportive.look at South Africans balikatana mukalaculafye

    Reply
  17. Kombe

    The Raise & Fall of C.K…..u are finishing your money thru court cases & finish yourself by 2021. quit politics and stay free

    Reply
  18. Mabvuto

    The current constitution bars Kambwili from standing since he crossed the floor. Only kalaba qualifies to stand since he was expelled then joined DA.

    Reply
    • hanene

      Kalaba was not fired. He resigned on account of existing corruption in the of as alleged.

      Reply
    • hanene

      Kalaba was not expelled. He resigned on account of existing corruption in the pf as alleged.

      Reply
  19. Kings

    But Pa Zed Too Much Fools, Do You Think Normally You Cowards? You Always Burk Like A Lost Dog, Think Twice B4 U Talk, Kambwili Is Okey Financially, Think Of Yourself Where You Are, Do Afford What A Real Man Is Surposed To Do For His Family? Awayawaya Nindani Iwe Or Kambwili Kamene Mukamba? You Will Die Poor If You Are Not Careful, Him Has Alot To Sustain The Family Till Death. Wake Up And Concentrate On Your Plans, The Chishimba Family Tekwakunyela Amasushi Mune, The Wife Is Also Okey, Look At Your Wife, Kikikikikiki. Thats How Dictators Operate, All Institutions In His Hands, All Workers Fear Him. Theirs Is To Say Inde Bwana, What Alse Can We Expect From These Cowards In The Courts Of Law? Don’t Call A Spade A Shovel My Dear Friends, Kusogolo You Are The Same People Who Will Suffer Becoz Of Your Folly. As For Me, Zambia Will Never Be A Christian Nation Becoz God Can Never Be Fooled. Kambwili’s Followers Know Who He Is, He Is A Piece Of Charcoal Burning In Edgar Lungu’s Gum Boots As Mr M’membe Said.

    Reply
  20. Drugsquard

    CK is not consistent and that is the most dangerous element in politics. People will capitalize the gaps you create because of your inconsistency. Kambwili is going straight to the political dust bin. Can someone utilize this kambwili for farming?

    Reply
  21. JOHN NKHATA

    CommentIT IS FLABAGHAST,HOW DOES CK CALLPF CORRUPT ? HE IS RELIEVED FROM A CORRUPT PARTY BECAUSE OF BELONGING TO POLITICAL PARTIES. HE WISELY BEGINS IN A CONSTITUTION COURT AND WRONGLY WITHDRAWS TO UNJURISDICTION COURT WITH INTENT TO REMAIN IN THE CORRUPT PARTY ! WOW,IT’S LIKE SAYING “A CHICKEN IS A BIRD IT CAN FLY NO IT IS NOT A BIRD ,IT CANNOT FLY IT CAN WALK”.PRAISE GOD THAT NOW HE SHOULD BEGIN AFRESH IN HIS CLEAN PARTY.

    Reply
  22. Mr. K

    Kambwili is a failure

    Reply
  23. Joseph

    Ck kuwayawaya fye

    Reply

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