Dust is refusing to settle in the opposition Democratic Progressive Party (DPP) following a High Court order that restrains Leader of the Opposition in Parliament Kondwani Nankhumwa from making decisions without consulting the party.
DPP lawmaker Shadric Namalomba pushed the courts on the issue, prompting the court to issue a restraining order on the Southern Region vice president.
Judge Mzondi Mvula issued the order in Zomba, further granting Namalomba his request to apply for judicial review, so long as the case is heard in an open court.
The court has also reversed Nankhumwa’s actions, including the change of sitting arrangements and the ushering of a shadow cabinet in Parliament.
“Until further order of the court, the following decisions of the defendant (Nankhumwa) be and are hereby stayed [:] the decision made on, or around February 15 2022, altering sitting arrangements in Parliament by re-allocating the claimant (Namalomba) to seat number 99 and later 100 from seat number 25.
“The decision of the defendant [which entailed] appointing a shadow cabinet for the second interested party (DPP) without consultations with and approval of the second interested party [is also stayed]. The decision of the defendant appointing spokespersons for the second interested party without consultation with and approval of the second interested party [is also stayed],” the order reads.
It further retrains Parliament from recognising decisions made by Nankhumwa recently.
A few weeks ago, Nankhumwa announced names of people in his shadow cabinet in the august House, a decision that drew mixed reactions.
The DPP itself issued a public statement in which it indicated that it did not recognise the appointments.
DPP administrative secretary Francis Mphepo said the party was not consulted and that those appointed into the shadow Cabinet had no authority to speak on behalf of the party.
In an interview yesterday, Parliament spokesperson Ian Mwenye said the House could not be served with court documents while sitting.
“Section 5 of the National Assembly (Powers and Privileges) Act holds that no process issued by any court, in the exercise of its jurisdiction, shall be served or executed within the precincts of the Assembly while the Assembly is sitting or through the Speaker, the Clerk or any officer of the Assembly,” Mwenye said.
Nankhumwa did not pick his mobile phone when we tried to contact him.
