PF member petitions Mundubile over illegal parliamentary appointment
A member of the Patriotic Front (PF) has petitioned the party in the Constitutional Court over Mundubile’s illegal appointment as leader of the opposition.
Moses Sakala wants Mundubile to reimburse all the money and allowances he obtained as leader of opposition before he was dislodged from his position, since his appointment in 2021.
The petitioner has cited the Attorney General and PF Secretary General Morgan Ng’ona as respondents in the matter.
Sakala says the PF violated the provisions of Article 74(2) of the Constitution, as amended, by appointing Mundubile without holding an election to select a the leader of opposition amongst the PF Members of Parliament.
He indicated that the former speaker of the National Assembly Patrick Matibini equally violated the provisions of Rule 43 of the National Assembly standing orders, 2021, by recognizing a leader of the opposition, who was not appointed in accordance with the said rule and provisions of Article 74 (2) of the Constitution.
He said the party contravened Article 60(2)(d) of the Constitution by failing to exercise internal democracy as provided for under the said Article.
“By appointing a leader of opposition, the PF failed to exercise internal democracy and deprived other candidates from contesting the position of leader of opposition in an election,” Sakala said.
He wants the ConCourt to declare that the appointment of Mundubile as leader of opposition was null and void ab initio, as it was done in contravention of Article 74(2) of the Constitution of Zambia (Amendment) Act No. 2 of 2016.
Sakala is seeking a declaration that the State through Matibini Contravened Article 74(2) of the Constitution of Zambia (Amendment) Act No. 2 of 2016, as well as Rule 43 of the National Assembly Standing Orders, by accepting the appointment of Mundubile, as leader of the opposition and allowing him to enjoy privileges attached to the said office.
He wants the Court to decree that the PF contravened the provisions of Article 60(2)(d) of the Constitution by failing to exercise internal democracy as provided for under the said Article.
Sakala is further seeking an order that all monies accrued by Mundubile, by virtue of his illegal tenure of office, be accounted for and recovered.
By Mwaka Ndawa