Former Law Association of Zambia (LAZ) President and prominent Lusaka Lawyer Eddie Mwitwa says according to his knowledge, the constitution does not say whether or not a Member of Parliament (MP) can still sit in parliament when an appeal is pending.
Mwitwa however noted that the constitution specifically states that when there is a petition in relation to an election of a Member of Parliament, the MP can continue sitting in parliament. It is this provision that has been at the Centre of debate.
Speaking in an interview with the Zambian Business Times – ZBT, Mwitwa said when the high court renders a decision on an election petition, the petitioner or respondent, whichever is not pleased with the decision has the right to appeal to the constitutional court, which is the final court for such matters.
He stated that he could not state whether it was in order for the speaker of the National Assembly Nelly Mutti to send away MPs whose election results have been nullified as the matter is in court.
“That’s a matter that is in court now, so I can’t say whether it was correct or not. The constitutional court has been petitioned by the Law Association of Zambia, so I think until the court pronounces itself on that matter it’s sub judice for me to say whether it’s right or wrong”, he said.
And a prominent Lusaka lawyer who has asked for their details to be withheld has stated that the affected PF members of Parliament should simply apply for a stay of execution pending appeal to be allowed back into the house. Asking the constitutional court to make a call is a risky route as the outcome is may be adverse.
Speaker Nelly Mutti ruled that the nine PF members of parliament be barred from the house after the high court ruling which had been appealed on, a decision that has raised questions as to whether she as speaker has the powers and authority to deny the affected constituencies representation in Parliament especially considering instances were the appeal cases take time to get dispose off at the constitutional court.
