EXPELLED Roan member of parliament Chishimba Kambwili has asked the Lusaka High Court to dismiss the preliminary issues that the Patriotic Front raised in a case in which he is challenging his expulsion because the irregularities have been cured.
The Patriotic Front, through its lawyer Eric Silwamba, have applied that Kambwili’s case be set aside for irregularities adding that the expelled member of parliament on July 27 caused to be issued by a country advocate originating process-writ of summons and statement of claim out of the principal registry of the High Court for Zambia which was irregular.
Silwamba had submitted that Kambwili’s documents, which were purported to have been served on the defendants, were not proper as he had to furnish an address for service which was within 10 kilometres from the principal registry at Lusaka and also that the plaintiff’s addresses were not endorsed on the writ of summons.
“That no prejudice will be occasioned to the plaintiff by such order setting aside originating process and conversely the intent of justice shall be served,” Silwamba had stated.
But Kambwili has opposed the preliminary issues raised by the PF, stating that the matter had been attended to and cured through the amended writ of summons filed in court.
“Further to the filing of the amended writ of statement, the notice of appointment of an agent within the radius of 10 kilometres from the high court principal registry has been done. The irregularities in this matter have been cured and the application to set aside the writ of summons is in so far as it relates to the irregularity is no longer unjustified,” Kambwili stated in his affidavit.
He added that the commencement of action through writ of summons was proper as he was merely challenging his expulsion from his political party which was a private matter and had nothing to do with the Constitution.
The matter has since been adjourned to next month for hearing.