CONCOURT DISMISSES LAWYER TRESFORD CHALI’S BID TO SAVE CHAWAMA SEAT

CONCOURT DISMISSES LAWYER TRESFORD CHALI’S BID TO SAVE CHAWAMA SEAT

CONSTITUTIONAL Court Judge Martin Musaluke has dismissed an application by lawyer Tresford Chali to stay the decision declaring the Chawama parliamentary seat vacant and to allow the member to vote when Bill 7 is tabled before parliament.

In his ruling dated 4 December 2025, Judge Musaluke found that the stay application is procedurally flawed and declined to grant interlocutory relief on that basis, noting that the issues raised would require full consideration at the substantive hearing rather than by a single judge on an interlocutory application.

Mr. Chali in his application earlier this week, argued that the speaker relied on the house’s standing orders rather than a code of conduct prescribed by an act of parliament and that the impending vote on constitutional bill no. 7 risked depriving Chawama constituents of representation if area Member of Parliament Tasila Lungu is not allowed to vote.

The application relied on the argument that the speaker’s 28 November ruling is inconsistent with Article 72(2)(c) of the constitution and article 266’s definition of prescribed matters but the court found the contention that refusal of a stay would deny people of Chawama participation in the Bill 7 debate to be speculative.

Judge Musaluke also noted evidence that the Chawama lawmaker has been absent from parliament since June 2025 and that no concrete proof was offered that she will be available to vote adding to his holding that the urgency ground did not justify interrupting parliamentary business.

An interlocutory application is a request made to a court for a temporary order during an ongoing lawsuit, before a final judgment is reached.

The ruling means the Concourt will hear the main matter and Mr. Chali is this afternoon expected to appeal the ruling.

PN