Speaker Exceeded His Constitutional Power – ConCourt

The Constitutional Court has determined that National Assembly Speaker Dr. Patrick Matibni exceed his powers in the matter in which he declared the Roan parliamentary seat vacant on February 2019.

At the time the seat was held by Chishimba Kambwili. Kambwili’s appointment as a consultant for the National Democratic Congress (NDC) prompted the declaration.

However, the Court has ruled that it is not within Dr. Matibini’s powers to interpret statutes in this way, with the responsibility for interpreting vested in the judiciary.

“We find that the Speaker exceeded his power as the function of interpreting the law and the Constitution is vested in the Judiciary as provided by Article 119 of the Constitution. The interpretation of the Constitution as a legal instrument is the function of the courts, and branch of Government to whom is assigned that delicate task,” Constitutional Court President Hildah Chibomba stated.

“Therefore, by ruling as he did, the Speaker exceeded his Constitutional power as he strayed or encroached into the adjudicative function of the courts of the land which are mandated to exercise judicial authority of the Republic by interpreting the law and the Constitution,” the Constitutional Court ruled.

Despite the ruling the court dismissed Kambwili’s decision to have the Speaker’s ruling overturned. The Constitutional Court stated it would not declare the Speakers decision null and void, however, on the basis that it would result in a constitutional crisis, with two MPs for Roan.

Constitutional court president Hildah Chibomba presided over the matter, alongside justices Annie Sitali, Mungeni Mulenga, Palan Mulonda and Martin Musaluke.