Speaker’s decision under fire over nullified PF seats, as stakeholders say her decision is unconstitutional

1. Useless Speaker, useless Finance minister = New dawn of uselessness!!

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   • That wig! Why do Africans wear white people’s hair on their heads? Especially lawyers and lawmakers who should know better about inferiority complexes.

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2. they think they grab those seats..zero no majority is accepting your systems.you will be shocked the yufi no longer trust you.

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3. “Ms. Mutti has further ruled that in view of her ruling…”
   I am surprised by this ruling by the Speaker given that she is a lawyer …plus we don’t care about what her views are…the constitution is supersedes her views. If you have any views Mutti wait for the constitution amendment.

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4. She should have just reported Bowman for $exual hassment, not that retaliation we watched.
   Speaker Nelly should apologize immediately, her rantings came under influence of alcohol.

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5. When one is divorced and appeals against the divorce, does that person remain married? live in the same house?
   The article of the constitution in question appears to apply to the High court and its determination upon petition.
   We are in this because, the so called learned lawyers were either oblivious to the constitutional making process or people pushed their interests without looking at fundamental issues in the constitution. A Petition and an Appeal are to my layman’s’ knowledge two different issues. suppose one was to remain in Parliament and the CC upholds the HC decision, would that individual have drawn salaries and allowances legally…… signing it with eyes closed ka!

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6. The plan is to deplete the opposition numbers so that they can pass nonsense laws. PF tried it, they failed.

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7. That Parliament isn’t going anywhere with Nelly Kashumba. But then what happens in political circles is a reflection of who we are. Even if we put John Sangwa or Dickson Jere or Muna Ndulo most of their decisions will be partisan despite their level of education. Matibini was in a similar situation on Kambwili but Nelly has elected to ignore that precedent and I was shocked to hear UPND MPs that vehemently opposed Matibini on a similar case howl in unison like hyenas in jubilation. Soon the UPND will embark on a program to amend the Constitution, there’s no guarantee that they’ll come up with a good document. We have failed to govern ourselves and that’s the point. It’s the same pattern KK blamed Welenski, FTJ blamed KK, LPM blamed FTJ, MCS blamed RB, ECL blamed MCS, HH is blaming ECL

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8. #5 They may not live together because there’s bad blood between them, but everything will remain the same until the case is disposed of. In any case there’s no similarities between the two cases.

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9. I didn’t know we could be this confused in this country. I only see such rulings in football where referees can decide funny things. Am feeling like we are watching wrestling.

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10. So article 72 and 73 of the constitution contradict each other?

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11. it’s sad to have such people in govt. u can cry sometimes why some leaders think like this. This pure dictatorship by upnd supported by madam speaker.

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12. it’s sad to have such people in govt. u can cry sometimes why some leaders think like this. This upnd cadre in the name of madam speaker is destroying Zambia.Sad reading!

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13. JOB ON TRAINNING

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14. I am enjoying all this rubbish. Mr Mundubile ( Government chief whip then ) supported Dr Matibini’s ruling exactly on a similar case when PF was in power. Today he is crying foul. Please learn to be principled, clear and consistent.

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15. Late Judge Mulembe of the constitutional court was very clear in his ruling in the Margaret Mwanakatwe application for a stay of execution pending an appeal against her loss of seat in the high court. The judge ruled that once an appeal is lodged in concourt, that appeal acts as a stay of execution, meaning the MP will continue as such. Is it not absurd that the speaker has effectively declared the seats vacant but at the same time admits that the Electoral Commission of Zambia (ECZ) cannot proceed to hold by-elections until the decision of the Constitutional Court? How come Catherine Namugala used to make more logical rulings as compared to Matibini and Nelly Mutti who are both very senior lawyers?

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16. Separation of Powers. ? Is the position of Speaker impotent on parliamentary legal matters not before courts of law.

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17. The same old malabish, it’s seems after every election our country goes backwards. Sort yourselves out and start working for the country atase.

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18. What Law school did she go? Just asking

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19. Madam Speaker are you a dunderhead?

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20. Are lawyers normal people…..How can this Mundubile man promise to be a Republican President with this type of hypocrisy ?

    “Mr. Mundubile says he had had the privilege of reading the ruling by Speaker Matibini where he said on page 47 that he, the Speaker may be required from time to time to interpret the laws of the land in general and the Constitution in particular at least in so far as they relate to the functioning and management of the National Assembly. Hon. Mundubile explained that here, the Speaker relied on two cases, first the case of the Attorney General and the Speaker of the National Assembly v Ludwig Sondashi (2003) Z.R 42 and the second being the case of the Attorney General and the Speaker of the National Assembly v the people (1999) Z. R 186…

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21. Madam Jaribu Kashumba should stop pandering to the whims of her paymaster. It is clear she is in the pocket of Bally and cannot make independent decisions and save Parliament from encroachment from the executive arm of government. Where does her crazy decision leave the right of appeal for MPs who have had their seats nullified? Is Madam Jaribu Kashumba telling us that the courts should not entertain the appeals of MPs whose seats have been nullified. Are the courts beholden to the legally and logically unsound decisions of Madam Jaribu Kashumba? Where is the horizontal accountability among the three arms of government?

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22. This is what happens when you have a f00Iish cadre as a speaker. She is a tribal and political liability and risk to our democracy. Get her out of that important seat

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23. Blame the constitution . Was is drafted by Form one civics teachers? Since Zambia is a Christian national, just use the Bible and the 10 commandments as your constitution. An eye for an eye. Stone all prostitutes! What are you waiting for?

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24. So the speaker has now become a court of law. You chase MPs out of Parliament and in the same breath say that they should wait for the ruling of the constitutional court? What kind of rubbish is that?
    If the seats are not vacant, which they are not until declared so by the constitutional court, then why are the MPs not in parliament representing their constituencies?
    Problem with cadreism is you stop thinking. Insoni ebuntu. Respect your office, madam speaker.

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25. Zambians we should thank this woman (Madam Spekaer) for exposing the loophole our constitution. Artcicle 72 which deals with vacation of
    office as Member of Parliament under sub section (h) refers to only a case of been disqualifed by constitutional court not High court. What was the intention of this specific article? Does it mean its only the conststution court that has the power to disqualify as MP? This then brings us to what is the decion of the High Court to disqualified the MP means? Artcle 73 refered to has no place in these facts as its speaks to MP continuing holding his seat until there is a decion reached.
    Therefore her decion is not right/wrong as it seems, the court will have to use golden rule of interpretation in order to determined if she has over stepped her powers.

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26. It is spoken the learned Madam Speaker is offside. What is the way forward Zambia? Ask the Con Court to fix this one as soon as possible. This job on training New down leaders are not taking us anywhere. In all fields there are incompetent people this madam is one of them in legal circles. Get her out of that important seat please……….

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27. When I say that the political system we are immitating is too dangerous for the African I get thumbs down. We spend too much time on fixing the opposition that we forget to fix what we were voted to fix. PF may have stolen but let’s not use that as a deflection from people’s expectations. Malanji appealed, you arrest him and now you want to bar him from representing his electorates?

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28. The Speaker is just respecting the ruling of the High Court and order X! rule 7 of the Concourt. Order XI rule 7 of the rules of the Concourt guides that “ an appeal shall not operate as a stay of execution or of proceedings under the judgement appealed against unless the High Court or the court so orders and no immediate act or proceedings shall be invalidated, except so far as the court may direct”. People should learn to read and understand before making comments>

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29. If a high court gives a judgement what does
    It mean? If it is not in your favour it means
    You go to jail and appeal to higher court and
    Try for bail.Same way these MPs can’t participate while on bail and appeal.

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30. lol its politics we just went to make sure we finish ur money for the MP. Remember PF speaker did the same . We went ur MP to create Jobs by paying lawyer. Politics is a game bro. shut up.

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31. She is corrupt. She is a smuggler of pendants. Deny it I expose you

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32. @Moto
    Revisit your knowledge on case flow management. You raise unrelated case.

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33. NO WONDER SOME LAWYERS NEVER WIN EVEN SIMPLE AND STRAIGHTFORWARD CASES, Proper cadre in a wig Even logically (without any bit of law education) her ruling does not make sense. If anything, UPND’s governance problems will start from parliament.

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34. @Ngoma Yamaano, You are wrong. In cases of this nature, the constitution court, in the case of Margaret Mwanakatwe V Charlotte Scott, ruled as follows: “I find this application for stay of execution of the judgement of the court below IRRELEVANT because when there is an appeal, as per constitutional provisions, as stated that the seat only becomes vacant after final determination of the constitutional court”.

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35. Section 108 of the Electoral Process Act No 35 0f 2016 categorically states that at the conclusion of the trial of an election petition, the High Court or tribunal shall determine whether or not the respondent, or any other, and which, person was duly elected, or whether the election to which the election petition relate was void”.

    It is not the Constitutional Court that creates a vacancy in an election petition but the High Court or tribunal in respect of MPs and Councilors.

    Further the Act is clear on section 108 (4) that “where the High Court or tribunal determines that the respondent was not duly elected, and that no other person was duly elected, at the election concerned, the vacancy in the membership of the National Assembly or a council is respect of which that election was…

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36. Section 108 of the Electoral Process Act No 35 0f 2016 categorically states that at the conclusion of the trial of an election petition, the High Court or tribunal shall determine whether or not the respondent, or any other, and which, person was duly elected, or whether the election to which the election petition relate was void”.

    It is not the Constitutional Court that creates a vacancy in an election petition but the High Court or tribunal in respect of MPs and Councilors.

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37. Further the Act is clear on section 108 (4) that “where the High Court or tribunal determines that the respondent was not duly elected, and that no other person was duly elected, at the election concerned, the vacancy in the membership of the National Assembly or a council is respect of which that election was held shall be DEEMED to continue until duly filled”

    I rest my case

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38. Further the Act is clear on section 108 (4) that where the High Court or tribunal determines that the respondent was not duly elected, and that no other person was duly elected, at the election concerned, the vacancy in the membership of the National Assembly or a council is respect of which that election was held shall be DEEMED to continue until duly filled

39. In avoidance of doubt, Order XI Rule 7 of the Rules of the Constitutional Court guides that “an appeal SHALL NOT operate as a stay of execution or of proceedings under the judgement appealed against unless the High Court or the Court so orders and no immediate act or proceedings shall be invalidated, except so far as the Court may direct”

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40. I think she didnot consult bo Bally. She is embarrassing the the country. As public officials it is important to separate emotions from work or innocent people suffer. It puts judges in awkward positions just to clear to such f_ckups. No more nee-jerk reactions topapata.

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41. This woman uses alot of Diplosion and Mekako….what do you expect from a dull lawyer who has a history of stealing from her clients…remember when she was arrested a couple of years ago…..the don’t want opposition…they want to change the constitution so that HH can be President for life

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42. I don’t see any independence of arms o gov here. The legislature should make its ruling based on the final position by the other arm (judiciary in this case). our DULLO speaker can do better. She was supposed to be retired together with bus station cadres. She looks so excited

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43. Why waste time in high court if it is not
    Respected?Just go straight to constitutional
    Court.Time wasting.

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44. Awe mukatufwa ukufina mutashi, we give people time. Ukupoka icisenda kukoko?

45. Tukamona,amona imbwili naila ati ande inshimba

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46. It is useless stupid law if those that write it continue to disagree on its implementation and keep poking holes or selective peep holes of ineffectiveness! Arguments by our “learned” men and women in law only advances personal ‘brilliance’ of no consequence to the general public other than time wasting and inconveniece! The Speaker is a lawyer of repute and the accusations or counter accusations among the same breed is about who thinks is the most intelligent at law! Why not write laws in everyday street language to save the public useless drama? Let’s all not be closed to precedents that the previous parliament sessions set! Well the “New Dawn” leadrship has unshackled the held hostage minds! People can now learn to use their minds for intelligent debate! Funny that it’s like I…

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47. cont…… Funny that it’s like I am learning one is not guilty if so declared by the court once one lodges an appeal!

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48. The speaker is on firm grounds.

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49. Under fire? There are people also arguing on the side of the speaker. Why not publish those articles here if you claim to be balanced?

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50. The Seat was Nullified, therefore Lusambo should not be in Parliament. What’s his issue? Can’t he stay home and wait? He just want those stupid 1,500 seating allowance. He won the election unfairly and should be a lesson to others. Whatever people say? The Goncourt is so corrupt and cannot be trusted.

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51. Isn”t there a revolutionary lawyer like in LAZ who can change lawyers’ attire?

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52. Just wait when they come to “amend” the Constitution. They will do worse things than what the GOP in the USA are trying to do with voting rights. They will increase the presidential term from five to ten years. To achieve this they will ensure there’s no opposition in parliament.

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53. When we said that we have a conman in state house people ignored. As we speak there is serious ethnic cleansing in various parastatals. Vasco dagamma has disolved all the boards of paratstatls and he is busy appointing dinasours as chairpersons of those boards The clear instruction is to now fire all the former directors from those positions. Before we wake up the whole country will be a Jurassic park. Zambia fasten your seat belts, the one we thought would help land the ” Zambia Airways” Safely does not seem to know how to read the instrument pannel. That means he has no idea where the plane with consequent outcome of likelihood of landing in the Jungles of DR Congo.

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54. She is a barfunu very useless she must go back to school

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55. Cadre in the shell of a speaker

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