FORMER justice permanent secretary Josephs Akafumba has charged that Speaker of the National Assembly Patrick Matibini is blowing the PF trumpet.
Akafumba, the NDC vice-president, has asked Dr Matibini to consider Chishimba Kambwili as member of parliament until 2021 as observed by the Constitutional Court in February this year.
In a ruling on Tuesday, Dr Matibini told parliament that he had the power to interpret the law and the Constitution, contrary to the Constitutional Court’s ruling against him.
Reacting to Dr Matibini’s ruling, Akafumba said Dr Matibini had completely changed from what he was as High Court judge and UNZA law lecturer.
“Dr Matibini must redeem himself. Parliament is only remaining with 10 months, he must reclaim the reputation he had as High Court judge, not this Matibini that we see as Speaker who is blowing the trumpet of the PF,” Akafumba said.
He said the opposition National Democratic Congress (NDC) stood firm and positive to the observations made by US-based law Professor Muna Ndulo.
Akafumba said Prof Ndulo is an authority in general law as well as constitutional law.
“Professor Ndulo is not reinventing the wheel, but stating the legal position as it is, which the Speaker is well aware of. People will note that it took two hours for the speaker to make a ruling just to try to justify a wrong in the declaration he took to expel Dr Chishimba Kambwili. The powers that the Speaker wants to assume do not exist. The judiciary is the one that is vested with the constitutional powers to interpret the supreme law of the land,” he said. “So, the judge that we know as a lecturer of law at UNZA and High Court judge is completely a different one from judge Matibini who is a Speaker of National Assembly. All his rulings are tainted with political connotations, always in favour of the PF. Let him redeem himself, the position he occupies as a head of the legislature is extremely important in that the nation depends on his guidance. Students of law at the university are guided by what he says. But, unfortunately, now he has lost that beacon; he is now wearing a hat of a PF speaker which should not be the case.”
He said there was no individual above the law in the country.
“Therefore, the decision to expel Dr Chishimba Kambwili as observed by the Constitutional Court was extremely wrong. Therefore, he (Dr Matibini) must start thinking of compensating Dr Kambwili. Dr Kambwili must be regarded as having been member of parliament up until the time the life of this parliament will come to an end,” said Akafumba.