FORMER Kasama Member of Parliament Godfrey Mwamba yesterday told the Lusaka High Court that the decision by the Speaker of the National Assembly to declare his seat vacant has glaring inconsistencies, is contradictory and absolutely unconstitutional.
In his submissions before High Court Judge Florence Lengalenga, Mr Mwamba said he was concerned with the irrational manner with which the Speaker went ahead and declared his seat vacant when the matter was pending before the courts of law.
Mr Mwamba, through his lawyer Ms Martha Mushipe said Dr Matibini acted in total disregard of the judicial proceedings before the courts, despite an earlier injunction not to allow the Patriotic From to expel him from the party under which he became MP.
“The applicant is trying to show the court the glaring inconsistencies and contradictions made by the second respondant.
“The Speaker clearly and illegally exercised the interpretive functions and further exceeded his own power by exercising judicial functions.
“We therefore submit that the Speaker acted ultra vires on the constitution and further have highlighted cases and decisions and that he did not follow the procedure and as such his decision was procedurally wrong,” he said.
Mr Mwamba, referred to as GBM, said there was a degree of unfairness and discrimination in the manner in which the speaker usurped the powers of the Judiciary more so after his earlier decisions pertaining to two other members of the legislature.
He explained that such an illegal and excessive exercise of power undermined the independent functions of the courts of law and ultimately interfered with the constitutional function under Article 91 (1) of the constitution.
He said the Speaker acted discriminatory against him despite there being 11 other cases with similar backgrounds, but instead took a controversial stance by expelling him from the House.
Mr Mwamba, who is UPND vice president for administration said he was trying to show the court lacunas in the law affecting eleven other parliamentary seats affected by similar matters.
“I urge the court to take judicial review of the fact that 11 parliamentary seats have been affected by the lacunas in the law and serious constitutional issues arising therefrom,” he said.
The applicant filed accompanying affidavits to further claim for damages for loss of emoluments and privileges and costs as a result of the action taken by the Dr Matibini.