Lusaka High Court judge Anessie Banda-Bobo has adjourned the case in which Lusaka residents Robert Chabinga and Henry Mulenga sued the Attorney General over the Speaker’s tabling of an impeachment motion against President Edgar Lungu moved by Mazabuka member of parliament Garry Nkombo and former Roan member of parliament Chishimba Kambwili.
When the matter came up for hearing, it was adjourned through a consent by both parties after the petitioners’ lawyer of Hobday Kabwe Advocate informed the court that they wished to have the matter adjourned to a later date to allow them respond to the state’s opposition.
Previously, the matter had not taken off because both parties sought an adjournment stating that they could not proceed with the case as they had to attend the National Dialogue Forum (NDF).
Judge Bobo reluctantly granted the adjournment to June 24 but warned that she was adjourning the matter for the last time and ordered both parties to file submissions before the next date of hearing.
On April 4, 2018 judge Bobo had halted the impeachment motion that was presented before Parliament pending determination.
In her ex-parte order for leave to apply for judicial review, judge Bobo granted the application which operated as a stay and stopped the Speaker from tabling the Motice of Motion to impeach the President.
Chabinga and Mulenga are seeking a declaration that the Speaker’s decision to accept and table the motion to impeach President Lungu was unreasonable, procedurally improper and illegal.
They also want a declaration that the motion was unreasonable because individuals who appended their signatures were members of the UPND, therefore the Speaker should have exercised reasonable observation before tabling the matter.