CONSTITUTIONAL LAWYER TAKES SPEAKER TO COURT OVER DECISION TO DECLARE CHAWAMA SEAT VACANT   

CONSTITUTIONAL LAWYER TAKES SPEAKER TO COURT OVER DECISION TO DECLARE CHAWAMA SEAT VACANT   

By Nelson Zulu

Constitutional Lawyer Tresford Chali has petitioned Attorney General Mulilo Kabesha in the Constitutional Court, seeking an order to declare illegal the ruling delivered last Friday by Speaker of the National Assembly Nelly Mutti, which declared the Chawama Parliamentary seat vacant.

According to the urgent petition filed today, Mr. Chali is asking the Constitutional Court to set aside the speaker’s declaration and to grant additional reliefs pending the final determination of the matter.

In the petition, Mr. Chali contends that the speaker’s action breaches article 72(2)(c) of the Constitution because the provision refers to conduct contrary to a Code of Conduct “prescribed” by an Act of parliament, unlike the speaker’s reliance on the standing orders.

He also points to article 266 and the Constitutional requirement that “prescribed” matters be provided for in legislation, and notes that standing orders are internal procedures not backed by the parliamentary and ministerial code of conduct.

Mr. Chali is seeking several remedies, including declaration of the speaker’s declaration null and void from the very beginning, an order of certiorari quashing the ruling, and to stay the speaker’s decision until the petition is finally determined.

On Friday, Speaker of the National Assembly Nelly Mutti ruled that the Chawama Parliamentary seat be declared vacant and referred the resolution to the Electoral Commission of Zambia –ECZ-to begin preparations for a by-election.

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