HIGH COURT HALTS TASILA SEAT CASE
THE Lusaka High Court has halted proceedings in a case ex-Chawama lawmaker Tasila Lungu seeks to challenge the Speaker’s decision to declare her seat vacant.
Judge Sharon Newa stayed proceedings before her pending determination of a matter before the Constitutional Court whose facts are similar to the ones before her.
Ms Lungu has applied to commence judicial review proceedings against Speaker of the National Assembly Nelly Mutti’s decision to declare the Chawama seat vacant.
Ms Mutti declared the seat vacant because of Ms Lungu’s prolonged absence following the death of her father, ex-President Edgar Lungu, who died on June 5, 2025, and is yet to be buried.
But Judge Newa ruled that the matter before her should be stayed pending determination of a petition filed by lawyer Tresford Chali which has the same facts.
She notes that on December 4, 2025, the ConCourt, through a single judge, refused to stay the Speaker’s decision to declare the Chawama seat vacant pending determination of a petition before it started by Mr Chali.
“…if I were to proceed with this matter, whose facts are the same as those on which the Constitutional Court will make determination, in light of the reliefs sought, I would in effect be allowing a multiplicity of actions.”
Judge Newa said proceeding to hear the application risks resulting in different courts making conflicting decisions over the same subject matter.
“This has been frowned upon in a plethora of authorities, some of which have been cited in this matter,” Judge Newa said.
Zambia Daily Mail
She notes that on December 4, 2025, the ConCourt, through a single judge, refused to stay the Speaker’s decision to declare the Chawama seat vacant pending determination of a petition before it started by Mr Chali.
“…if I were to proceed with this matter, whose facts are the same as those on which the Constitutional Court will make determination, in light of the reliefs sought, I would in effect be allowing a multiplicity of actions.”
Judge Newa said proceeding to hear the application risks resulting in different courts making conflicting decisions over the same subject matter.
“This has been frowned upon in a plethora of authorities, some of which have been cited in this matter,” Judge Newa said.
Zambia Daily Mail