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Govt hires private lawyer on Sonke
By
Gedion Munthali - 02-06-2003 |
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Government has hired a private law firm to defend in the High Court Speaker Davis Katsonga’s declaration two weeks ago that Blantyre Kabula constituency has no MP.
Judge Dunstain Mwaungulu a fortnight ago waved on dismissed MP Jan Jaap Sonke, one of the casualties of the third term bid, to challenge his eviction from Parliament on grounds of crossing the floor.
The Attorney General’s chambers have hired Sacranie, Gow and company to show that by resigning from the UDF and declaring himself independent, Sonke violated section 65 of the Constitution.
The section empowers the Speaker to declare an MP’s seat vacant if the legislator in question has “voluntarily” left the party that sponsored him into Parliament and “has joined” another party within or outside the House or an association or organisation whose objectives are political in nature.
Sonke’s lawyer George Makiyi of Lawson and Company said on Sunday hearing of the matter did not start Friday as scheduled because Sacranie lawyer Shabir Latif said he was not ready as his firm had just been brought on board.
“The case did not take place. Mr. Latif said he needed about 10 days to prepare as his law firm had just been contracted by the Attorney General. In that event Justice Mwaungulu ordered that hearing should start on Tuesday,” said Makiyi.
Both Attorney General Peter Fachi and Latif could not be reached for comment.
Katsonga fired Sonke following a letter from deputy UDF secretary general Paul Maulidi, who is also Justice Minister, complaining that Sonke had violated provisions of section 65 of the Constitution.
Maulidi said Sonke had crossed the floor by “voluntarily” resigning from the UDF which sponsored him into Parliament in 1999 and declaring himself an independent MP.
But Sonke argued in his defence in Parliament he had not resigned voluntarily but was forced out of the party due the circumstances that are currently prevailing in the party and that he had not joined another political party.
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