Patriotic Front (PF) General Secretary Davies Mwila has lost his bid to have the Lusaka High Court compel Speaker of the National Assembly Patrick Matibini declare the Roan seat vacant.
Mwila had asked the Lusaka High Court to declare the Roan parliamentary seat vacant after the expelled MP Chishimba Kambwili lost an application in which he was challenging his expulsion.
Justice Mwila Chitabo has dismissed the application on grounds that the High Court has no jurisdiction over the matter and has since directed that the matter be taken to the Constitutional Court.
The Patriotic Front General Secretary in his application to commence judicial review proceedings argued that Dr Matibini’s refusal to declare the seat vacant was illegal and against article 72 of the Constitution.
He argued that the Speaker’s decision to give latitude to the court to conclusively deal with Kambwili’s case was illegal.
Mwila said that the dismissal of Kambwili’s case by the court meant that there was no challenge currently pending in the High Court to challenge the Roan parliamentarian’s expulsion from the ruling PF.
In the previous proceedings Kambwili filed an application to join the case as an interested party.
Kambwili has appealed the decision by the High Court to uphold his expulsion from the PF.