SPEAKER SUED IN THE CONCOURT

SPEAKER SUED IN THE CONCOURT

SPEAKER of the National Assembly Nelly Mutti has been sued in the Constitutional Court in connection with her decision to accept Robert Chabinga as leader of the opposition in Parliament on the Patriotic Front (PF) ticket.

The petition has been filed by the Institute of Law, Policy Research and Human Rights Ltd.

The organisation has cited Attorney General Mulilo Kabesha as first respondent while Ms Mutti is the second respondent in the matter.

Institute of Law, Policy Research and Human Rights Ltd seeks interpretation whether, pursuant to Article 74(2) of the Constitution of Zambia Act number 2 of 2016, a leader of the opposition is elected or appointed by the political party with the largest number of seats in the National Assembly itself as a political party.

Further, it seeks an interpretation, pursuant to Article 74(2) of the Constitution of Zambia Act number 2 of 2016 it is the individual MPs belonging to the opposition political party with the largest number of seats in the National Assembly that elect a leader of opposition.

It also seeks interpretation whether pursuant to Article 74 (2) of the Constitution of Zambia Act number 2 of 2016, an opposition political party with the largest number of seats in the National Assembly can elect an MP from another political party or from among independent MPs as leader of the opposition.

Institute of Law, Policy Research and Human Rights Ltd deputy executive director Jameson Kachimwa submits that, that in line with objectives of the organization, it developed interest in events that happened recently in the National Assembly.

Mr Kachimwa submits that the issues of concern border on the appointment of a leader of the opposition.

“On November 1, 2023, the Speaker announced Robert Chabinga as the new Leader of the opposition in the national assembly.

“The above said facts are matters that are in public domain and are facts that arise from carrying out public functions which this court can take judicial notice of,” he submits.

Mr Kachimwa submits that the first question is whether it is the opposition political party with the largest number of seats that elect a leader of the opposition as a party itself.

“Since the preceding questions emanate from article 74(2) of the Constitution of Zambia has jurisdiction to interpret the said provisions and address the questions raised herein,” he submits.

Mr Kachimwa the organisation believes that once the court provided an interpretation in line with its mandate and addresses the questions raised, the matter shall be settled and the same shall serve as a guidance for future appointments or election of a Leader of opposition in the National assembly.

CREDIT (Mwebantu)