LUSAKA High Court Judge Florence Lengalenga has stayed the execution of her judgment in which she declared that Geoffrey Bwalya Mwamba is still a Member of Parliament (MP) for Kasama Central.
This means that Mr Mwamba cannot attend National Assembly sessions until the determination of the State’s appeal to the Supreme Court.
Ms Justice Lengalenga said yesterday, when she granted an application for stay of execution by Solicitor General Abraham Mwansa, that Mr Mwamba’s presence in the National Assembly could be a serious predicament because he could not appear as a member of the PF and United Party for National Development (UPND) at the same time.
She agreed with Mr Mwansa’s submission that there would be a serious predicament if Mr Mwamba attended sessions of Parliament as there was no provision for dual membership in the Zambian Constitution.
“For the reasons advanced, I find the grounds or reasons satisfactory and compelling enough to merit the grant of the stay sought,” Ms Justice Lengalenga said.
Mr Mwansa has on behalf of the State appealed to the Supreme Court against Ms Justice Lengalenga’s judgment of March 23, 2016, which declared Mr Mwamba, commonly known as GBM, as an MP under the PF ticket and that the Speaker of the National Assembly acted in excess of his powers.
He in the meantime applied for the stay of execution of Ms Justice Lengalenga’s judgment pending the outcome of the Supreme Court judgment.
When the matter came up for ex parte hearing yesterday, Mr Mwansa told Ms Justice Lengalenga that there was need for a stay of execution because the issue of Mr Mwamba going back to the National Assembly would cause ambiguity since he could not attend as a member of the PF as well as UPND.
Mr Mwansa said the law did not allow dual membership of political parties for the member of the National Assembly.
Zambia Daily Mail