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Concourt reverses nullification of Christopher Chibuye’s Mkushi North parliamentary seat

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THE Constitutional Court has reversed the nullification of Mkushi North PF member of Parliament Christopher Chibuye’s seat and declared that he is the duly elected MP.

In a judgment, Constitutional Court judges Anne Sitali, Mungeni Mulenga, Palan Mulonda, Professor Margaret Munalula and Martin Musaluke set aside the High Court’s decision to nullify Mr Chibuye’s seat and declared that he was validly elected as member of parliament for Mkushi North.

Losing Mkushi North candidate, Topson Kunda, who contested on the UPND ticket but lost, petitioned Chibuye’s seat on the ground that he engaged in electoral malpractices.

Mr Kunda alleged that Mr Chibuye was still getting his salary at the time he was contesting the election as he was deputy Permanent Secretary for Luapula Province and was using government institutions for his campaigns.

However, Mr Chibuye through his lawyer Bonaventure Mutale, State Counsel, appealed to the Constitutional Court and argued that Circular number 12 of 2020 had no legal effect and the Secretary to Cabinet did not have authority to perform a legislative function such as issuing the Statutory Instrument.

According to Circular 12 of 2020, all public officers, including those serving in foreign missions intending to participate in 2021 general elections, were directed to resign from public office not later than November 30, 2020.

But the Constitutional Court found that Mr Chibuye did in fact resign from his position as deputy Permanent Secretary for Luapula Province on April 30, 2021 to seek election as MP for Mkushi North.

Judge Sitali said there was no breach of the Constitution when Mr Chibuye filed his nomination papers for election as MP as he was not a public officer at that time.

She said the trial judge erred in law and fact she he nullified the election of Chibuye based on Cabinet Office Circular No.12.
Judge Sitali added that the trial judge misdirected himself by relying on the Cabinet Office circular.

And the court dismissed the allegation that Mr Chibuye used government institutions for campaigns as it was not pleaded in the petition.

The court also dismissed Kunda’s cross appeal for lack of merit.

“Since the appellants appeal has succeeded, we set aside the order for costs made by the learned trial judge in the court below,” she said.

Judge Sitali declared Mr Chibuye as the duly elected member of parliament for Mkushi North.

” We set aside the lower court’s decision to nullify the election and declare that the appellant, Christopher Chibuye, was duly elected as member of parliament for Mkushi North,” said judge Sitali.

(Mwebantu, Wednesday, March 9th, 2022)

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President Hakainde Hichilema to attend state funeral of late Namibian President Hage G. Geingob in Windhoek

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PRESIDENT Hakainde Hichilema is tomorrow expected to travel to Windhoek, Namibia on to attend the State Funeral of Dr Hage G.Geingob, late President of the Republic of Namibia.

In a statement issued by acting Minister of Foreign Affairs and International Cooperation Mulambo Haimbe said the Memorial Service is scheduled for Saturday, 24th February 2024 at Independence Stadium with attendance anticipated from foreign Heads of State and Government alongside other invited dignitaries.

“The Burial Service will take place on Sunday, 25th February 2024 at Heroes Acre,” he said.

President Geingob, 82, passed away on 4th February 2024 in Namibia, having served as President of the Republic of Namibia from 2015 until his passing.

Mr Haimbe said President Hichilema is expected to return to Zambia immediately after his engagement.

(Mwebantu, Friday, 23rd February, 2024)

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Munir defies dress code,named and suspended from parliamentary proceedings

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BARELY 24 hours after Speaker Nelly Mutti’s directive against traditional wear in Parliament, Lumezi Member of Parliament  Munir Zulu has defied the order, leading to his suspension from Parliament.

The speaker has since named Mr Zulu for grossly disorderly behavior, stating that he had deliberately defied the guidance given yesterday.

This was after Mr Zulu was spotted in Parliament wearing a traditional attire of the people of Luapula.

“I am sure honourable member for Lumezi knows the dress code. And yesterday Members were guided so honourable member for Lumezi is deliberately defying the order and guidance given. Under the circumstances, honourable Member for Lumezi, I will name you,” she said.

“Mr Munir Zulu I find your behaviour grossly disorderly and sending you away for today’s sitting is insufficient. I therefore in accordance with standing order 208 name you,” she said.

Meanwhile, Vice President Mutale Nalumango says those threatening to have free education removed are irresponsible and should not be trusted.

Mrs Nalumango said free education is not an area to tamper with as it has given hope to many vulnerable children.

Mrs Nalumango was responding to a concern raised by Kabwe central Member of Parliament Chrizoster Phiri Halwindi during the Vice President question session ,who expressed concern by some leaders commenting that they will remove the free education policy.

However, Mrs Nalumango said it is unbelievable and saddening to hear some leaders utter such comments.

“It is actually unbelievable that any leader in any country would stand to fight free education.You truly want children to remain on the streets? You want the girl child to marry at 14-years old because they cannot go to school? You want boys to be fluffies or junkies? Free education has given hope, or did you want to be the only ones whose children go to school so that you continue to do wrong things? Therefore, it is irresponsible for anyone to declare that,” she said.

(Mwebantu, Friday, 23rd February, 2024)

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Speaker bars MPs from wearing Ngoni traditional headgear in Parliament.

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SPEAKER of the National Assembly Nelly Mutti has ordered Members of Parliament not to to wear the Nc’wala traditional ceremony head gear in the house as doing so is against parliamentary rules.

All roads are leading to the Eastern Province ahead of the ceremony taking place on Saturday.

Some MPs have been caught in the excitement to the extent of putting on the head gear in Parliament before being ruled out by the speaker.

Ms Mutti advised the MPs to show their support outside the house as standing order 206 (1) (C) does not allow for the wearing head gears in the house.

“Honourable members, I have one announcement to make to effect that it was observed yesterday during the sitting of the house that some members wire the Ngoni traditional head gear. This is possibly in support of the Nc’wala traditional ceremony scheduled to take place on Saturday, February 24th, 2024.

“”I wish to however, advise the house that standing order number 206 (1) (C) of the National Assembly standing orders 2021 is instructive of attire that is permissible. The provision allows members to wear decent traditional attire such as ‘Siziba’.

“[The] Decency of attire is a question of fact and maybe viewed differently especially if worn in an incomplete manner. I therefore find that the wearing of the Ngoni traditional head gear in the house was inappropriate in accordance with standing orders. Therefore I will not permit henceforth any honorable member to continue wearing such attires in the house,” Ms Mutti said.

Meanwhile, Minister of Local Government Garry Nkombo has said the national mourning declared in respect of the passing of President of Namibia Hage Geingob will not affect celebration of the Nc’wala traditional ceremony.

He made the announcement following a concern raised by his Chitambo counterpart, Remember Mutale, through a matter of urgent public importance.

(Mwebantu, Friday, 23rd February, 2024)

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