High Court Dismisses Application for Judicial Review in Opposition Leader Replacement Case

0

High Court Dismisses Application for Judicial Review in Opposition Leader Replacement Case

Insaka News Reporter

High Court Judge, G. C. Mulenga, has dismissed an application for leave to apply for judicial review filed by Brian Muntayalwa Mundubile. The application sought to challenge the decision of the Speaker of the National Assembly to replace Mundubile with Hon. Mr. Chabinga as the leader of the opposition.

In the ruling, Mulenga stated that the proper forum to hear and determine this matter is the Constitutional Court, according to Article 128 (3) (c) of the Constitution. The High Court’s jurisdiction is limited to referring constitutional issues on matters that are properly commenced in that court and over which it substantially has jurisdiction to hear and determine.

Therefore, Mulenga found that he had no jurisdiction to entertain the application for leave and dismissed it accordingly. However, he granted leave to appeal. The ruling was delivered in Lusaka on November 27, 2023.

It is important to note that the ruling did not delve into the substance of the case but determined the appropriate forum for it to be heard.

LEAVE A REPLY

Please enter your comment!
Please enter your name here