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Former minister of justice who is a renowned lawyer, Ralph Kasambara, has indicated that the Peoples’ Party (PP) has no legal mandate to be fighting Kachali over his defection on the grounds of wishing the infamous Section 65 crack on Kachali.
In a Facebook post, Kasambara has indicated that as matters stand Kachali is not under any confrontation with the law in his move as the move has been made in a good time.
“65.–(1) The Speaker shall declare vacant the seat of any member of the National Assembly who was, at the time of his or her election, a member of one political party represented in the National Assembly, other than by that member alone but who has voluntarily ceased to be a member of that party ……
“My reading of the constitution is that the operative time is AT THE TIME OF HIS OR HER ELECTION.
“Now if I dump my party before elections, does section 65 apply to me?” quipped Kasambara.
The PP has been complaining that Khumbo Kachali should be disqualified under the Section 65 principle.
Kasambaras legal insight sheds light on Kachalis move emphasizing the crucial timing stipulated by Section 65. The PPs concerns may not hold ground given the pre election context highlighted by Kasambara.
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