(MISA/IFEX) – The Zambia High Court has squashed the expulsion of former Member of Parliament Akashambatwa Mbikusita Lewanika from the National Assembly and awarded him damages for loss of emoluments and privileges. The court back dated the payment of damages to 1996 when he was expelled from the house. He had since lost his seat […]
(MISA/IFEX) – The Zambia High Court has squashed the expulsion of former
Member of Parliament Akashambatwa Mbikusita Lewanika from the National
Assembly and awarded him damages for loss of emoluments and privileges.
The
court back dated the payment of damages to 1996 when he was expelled
from
the house. He had since lost his seat in the parliament.
**For background on the case against journalists M’membe, Sichone and
Mwape
see IFEX alerts of 27, 25, 20, 14, 13, 12, 6, 4, 1 March and 28, 27 and
23
February 1996**
Justice Irene Mambilima delivered the judgment in a case in which
Lewanika
sued the former speaker of the national assembly, Robinson Nabulyato,
over
his expulsion. He was expelled from the house in 22 May 1996 for
disassociating himself from a decision of the national assembly to
indefinitely jail two journalists from the “Post” newspapers for
contempt.
The judge ruled that the expulsion from the National Assembly was ultra
vires under section 28 of the parliamentary Act. She said the framers of
the
Constitution intended that a member would lose a seat only in accordance
with article 71 of the Constitution which dealt with members defecting
from
one party to another and not the section applied in the case. She
regretted
that the house had conferred great powers on itself which allowed it to
expel members instead of reprimanding them or suspending them.
Background Information
Lewanika, who was then National Party (NP) member of parliament for
Mongu
central constituency in western Zambia, was expelled from the house when
he
wrote a letter to former speaker Nabulyato to disassociate himself from
the
punishment imposed on Fred M’membe, the late Lucy Sichone and Bright
Mwape
by the house when the trio were found guilty of contempt.
His expulsion stemmed from recommendations of a standing order committee
which resolved that Lewanika should show cause why he should not be
disciplined by the house. He was later given six hours to explain
himself
but he failed because the time was too short.
