The Lusaka High Court yseterday rejected an application by former Kasama Central member of Parliament (MP) Geoffrey Mwamba to stay Speaker of the National Assembly Patrick Matibini’s ruling to expel him from the House for accepting an appointment as United Party for National Development (UPND) vice-president for administration.
Mr Mwamba had applied for an order for stay of execution of Dr Matibini’s ruling.
Mr Mwamba had also wanted the court to restrain Dr Matibini from expelling him from the position of MP for Kasama Central constituency.
But in her ruling delivered yesterday, High Court judge Florence Lengalenga said she could not stop Dr Matibini from expelling Mr Mwamba because he already declared the Kasama Central seat vacant and that the decision cannot, therefore, be stayed.
“I am of the considered view that it would be improper to grant a stay at this stage when the proceedings have come to an end. I, hereby, decline to grant the order sought and I, accordingly, dismiss the application with costs,” she said.
Mrs Justice Lengalenga noted that Mr Mwamba relied on other cases that are before the court but that those cases are distinguishable in that the appointment of MPs to ministerial positions in Government is distinguishable from taking up an appointment with an opposition party.
She said the purpose for Dr Matibini’s declaration is capable of being stayed if Mr Mwamba had shown good and convincing reason.
Mrs Justice Lengalenga said the order for a stay is to maintain the status quo pending the hearing of a matter or final decision.
Dr Matibini on July 28 declared the Kasama Central parliamentary seat vacant on account that Mr Mwamba had joined the UPND, as the constitution does not provide for dual party membership.