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The Lusaka High Court has ruled that Deputy Speaker of the National Assembly, Moses Moyo, exceeded his authority by declaring nine seats held by Members of Parliament (MPs) from the Patriotic Front (PF) vacant.
High Court Judge, Susan Wanjelani, characterised Moyo’s actions as “irrational” and beyond his jurisdiction.
Delivering her judgment on Wednesday, Judge Wanjelani emphasized that the Deputy Speaker had overstepped his bounds by interfering in legal matters that were still under the Court’s consideration regarding the MPs’ expulsions from their party.
She outlined how the sequence of events unfolded, starting with the initial petition filed by the MPs, which was dismissed by the Constitutional Court on June 27, 2024.
A second petition was immediately filed that same day and served to the Clerk of the National Assembly.
A Point of Order was then raised on June 28, and the Second Deputy Speaker delivered a ruling on July 3, declaring the seats vacant.
However, the High Court ruled that Moyo’s decision came amid an active legal case, thus violating the sub judice rule, which prohibits the discussion of judicial matters in other forums.
Judge Wanjelani highlighted that the Constitutional Court’s earlier decision in Kambwili v The Attorney General had already established that ongoing court cases should not be interfered with.
“The determination of whether a matter is res judicata or constitutes an abuse of court process is solely within the purview of the Court, not the Second Deputy Speaker,” Wanjelani asserted.
As a result, the High Court quashed Moyo’s ruling, declaring it ultra vires (beyond his powers) and irrational.
The MPs—Mutotwe Kafwaya, Christopher Kang’ombe, Stephen Kampyongo, Remember Mutale, Brian Mundubile, Mulenga Fube, and Ronald Chitotela—had initially petitioned for judicial review, arguing that the Deputy Speaker’s decision was illegal and unreasonable, especially since they had not been expelled from the PF.
They contended that the National Assembly lacked jurisdiction over the matter, as it was still being deliberated in the Constitutional Court.
On July 10, the High Court granted the MPs an ex parte order to stay the Deputy Speaker’s decision pending further review.
In a counter-affidavit, Deputy Clerk of the National Assembly, Cecilia Sikatele-Mambwe, defended the Deputy Speaker’s actions, stating that he had followed constitutional procedures before declaring the seats vacant based on the MPs’ purported expulsions.
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