CONCOURT DISMISSES PETITION TO DECLARE MATERO SEAT VACANT
By Nelson Zulu
The Constitutional Court has dismissed a petition filed by Patriotic Front Faction Secretary General Morgan Ng’ona seeking a declaration that the Matero parliamentary seat is vacant.
Mr. Ng’ona had challenged Speaker of the National Assembly Nelly Mutti’s decision not to declare the seat vacant following the expulsion of Matero Member of Parliament Miles Sampa from the Patriotic Front on 3 July 2024, arguing that the inaction breached article 72(1) of the constitution..
The petition cited the Attorney General Mulilo Kabesha and the National Assembly as first and second respondents and sought an immediate declaration of vacancy, as well as notification to the Electoral Commission of Zambia-ECZ- to facilitate a by-election.
Delivering the majority judgment, Constitutional Court Judge Mathews Chisunka ruled that the speaker was precluded from declaring the seat vacant while Mr. Sampa’s expulsion was subject to judicial review before the High Court.
The court found that once the expulsion was challenged, the speaker was legally restrained from taking steps that would notify the ECZ and initiate a by-election.
The court relied on established authorities, including the Chishimba Kambwili v Attorney General decision, and explained that article 72(e) affords a Member of Parliament a period to respond to or challenge an expulsion, a safeguard intended to prevent politically motivated removals.
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This has not vindicated Miles of his childish behavior. It shows that the Speaker who has often been rediculed as partisan is on firm legal ground. To me she is the victor.
A sign that she is competent and equal to the task. The sexist statements made should stop. We need to live in an era where ones abilities speak rather than the fact that you are male or have more money in your bank account. Its about being able to do the work assigned…period.