Former Kasama Central member of Parliament Geoffrey Bwalya Mwamba has appealed against the High Court ruling to dismiss his application against the Speaker of the National Assembly Patrick Matibini’s declaration of his seat vacant.
In an appeal filed at the Supreme Court, Mr Mwamba challenged the ruling made by High Court Judge Florence Lengalenga to refuse the stay of the Speaker’s declaration.
Last week, the Lusaka High Court throw out Mr Mwamba’s application to stay Dr Matibini’s declaration of Kasama Central Constituency as being vacant.
Mr Mwamba had earlier being granted a Judicial Review on whether he could still continue to hold the position of Patriotic Front (PF) MP when he had joined the opposition United Party for National Development.
Mr Mwamba, popularly known as GBM, accepted the position of UPND vice president for administration, against the PF, the party which sponsored to Parliament.
In his submission, Mr Mwamba has argued that Judge Lengalenga misdirected herself in law and in fact by failing to take into consideration relevant factors which prompted him to apply for a stay.
Mr Mwamba argued that the Judge in the lower court erred in law and in fact when she failed to grant the stay by her own discretion for the primary purpose of maintaining his status quo as the matter was being addressed in the court.
He said it was premature of the Speaker to declare his seat vacant without exhausting the full course of the judicial process.
According to the appeal, his seat must be maintained until final hearing of the main matter through the various court proceedings and not by refusing to stay the matter in prospect of an early hearing.
Mr Mwamba sued the Speaker, the Attorney General and the Electoral Commission of Zambia to prevent them from going ahead with the by-election after Dr Matibini declared his seat vacant in Parliament earlier in the year.
However, Judge Lengalenga’s stay meant that ECZ could now go ahead and announce the elections date as required by law, within 90 days of a seat being declared vacant.
Mr Mwamba fail out of favour with the ruling PF after he resigned from them President Michael Sata’s Cabinet as Defence Minister owing to differences with the late head of state that bordered on family relations.