Saturday, May 3, 2025

LAZ goes to Constitutional Court on the Speaker’s Decision to bar PF MPs whose seats were nullfied

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The Law Association of Zambia (LAZ) has moved the Constructional Court seeking its interpretation of whether or not Speaker of the National Assembly Nelly Mutti was in order to send away Members of Parliament whose election results have been nullified.

LAZ President Abyud Shonga has confirmed in an interview with ZNBC News in Lusaka today.

Mr. Shonga says LAZ has asked the Constitutional Court to interpret articles 73 and 72 of the Constitution that hinge on the determination and interpretation of the Parliamentary petitions.

On Tuesday, December 7th, Speaker of the National Assembly Nelly Mutti sent away nine members of parliament whose election results have been nullified.

This followed a point of order raised by Chifubu Member of Parliament Alex Katakwe

Meanwhile, Lusaka Lawyer Milner Katolo has said that Speaker of the National Assembly Nelly Mutti did not err in her ruling that members of parliament whose seats were nullified through High Court judgments should not take part in Parliamentary activities unless there is a stay of execution.

Mr. Katolo says the determination of an election petition is when the trial of the election petition is concluded in the high Court where a decision is made whether to uphold or to nullify the election of a Member of Parliament.

He says if an affected member of parliament decides to appeal to the constitutional court, there is provision for that person to apply for a stay of execution pending appeal.

Mr. Katolo says it is the stay of execution that has the effect of suspending the high Court judgment and that without the stay, the high Court judgment remains in effect.

8 COMMENTS

  1. Lawyers will surely see no heaven! The world would have been a lot more better had an opportunity not presented that created lawyers! This breed will agree with you at the same time disagree: “Yes, you sure say it like it is but you’re not like it is saying it!” such a conversation they will engage.

  2. All these past years LAZ was so silent on human rights abuses, gassing etc. And now they choose to champion cases for the apamwamba MPs. Will not be surprised if LAZ sues on behalf of the forest 27 landlords yet they kept quiet for poor villagers (when the ground water recharge area was being degazzeted) downstream whose domestic water wells will be contaminated by feacal matter from the forest 27 landlords upstream. Do we really need such self serving elitist institutions?

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  3. This CONSTRUCTIONAL court is a new one that has come with the new government???
    (LAZ) has moved the Constructional Court seeking its interpretation of ….”

  4. If lawyers were the ones who were fighting Covid 19 during the third wave we would have seen, may be, half the world population being wiped out by the pandemic because they would have spent the entire time arguing about whether the five (5) Covid 19 prevention measures really work.
    Look, there has been a Constitution Court ruling on this issue during Mwanakatwe vs Mrs Guy Scott judgement, also Chishimba Kambwili judgement by the High Court against the then speaker Matibini and the Constitution itself in Article 72 and 73 has guided. Constitutional Lawyer John Sangwa has also intelligently weighed in on this. Surely, do you need the Constitutional Court to again make a determination on the same matter? Come on LAZ!!! Just move to censure this erring and unlawful speaker, who I believe is…

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