Wednesday, April 17, 2024

Constitutional Court overrules Speaker, 9 PF MPs can stay in Parliament pending their appeal

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THE Constitutional Court has ruled that nine Patriotic Front (PF) members of parliament (MP) banned from attending Parliament business by the Speaker of the

National Assembly should remain in Parliament because they appealed against the nullification of their seats.

Speaker Nelly Mutti on December 7, 2021 banned nine MPs whose seats were nullified by the High Court from attending Parliament business.

The nine are Bowman Lusambo (Kabushi), Joe Malanji (Kwacha), Allen Banda (Chimwemwe), Kalalwe Mukosa (Chinsali), Mutotwe Kafwaya (Lunte), Lucas Simumba (Nakonde), Taulo Chewe (Lubansenshi), Christopher Chibuye (Mkushi North) and Sibongile Mwamba (Kasama Central).

The nine MPs petitioned the court, seeking an order that the Speaker’s decision be quashed for being illegal, unreasonable and unfair.

They also sought an order that the dues for the duration of their suspension from Parliament be paid to them and that the Speaker’s decision be stayed.

In a judgement in the matter, judge Mulonda ruled that Speaker Mutti should not have sent the nine MPs away because they appealed against the High Court’s decision to nullify their seats which by the operation means that they retained their seats in Parliament until the determination of the appeal by the Constitutional Court.

“We hold that a member of parliament whose election has been nullified by the High Court and appeals to this court, by operation of the law retains the seat in parliament pending the determination of the appeal,” he said.

The Law Association of Zambia (LAZ) had asked the court to interpret provisions of the Constitution which the Speaker used to bar the nine PF MPs whose parliamentary elections were nullified.


Meanwhile, Nakonde MP Luka Simumba has said that by now the speaker should have resigned on her own following the decision by the Constitutional Court to allow opposition MPs to return to parliament after their election results were nullified and later appealed.

“When you look at what she did, it was uncalled for! She put the peace of the Zambian people at risk. For me, I was just praying for justice to prevail and it has prevailed,” he said.

Mr Simumba was among the nine Patriotic Front(PF) MPs that were initially suspended from attending sessions and drawing salaries on account of election nullification by the High Court despite appealing.

He will, however, continue to stay out of parliament following the suspension of 30 PF MPs that protested in the house late last year.

“Let’s just be united the same way we’ve been and let’s just wait for another 30 days that I’ll go to Parliament to present all the problems we have, ” he said

22 COMMENTS

  1. The MPs should have excused themselves from parliament while their cases are being determined……….

    Are those the same concourt judges appointed by lungu ??????

    This is a throw back from lungus corruption where ministers accused and investigated for serious cases of corruption still reported to office and held positions that could influence proceedings……….

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  2. The error-strewn BMW government! As we speak, still no movement on the much heralded Health Workers employment.

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  3. A slap in Bally’s face. When you appoint a cadre as speaker expect grave consequences, Madam Speaker should slow down in venting revenge on PF. I see parliament sliding into tit for tat kind of mode.

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  4. The speaker is a typical loose cannon! She was irrational wanting to please a section of society. She should have consulted and read the law-books which are plenty at parliament, before making that notorious decision. Now she is the joke of the town.

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  5. Yes i agree with Hon Simumba this Speaker in True democratic countries She could have resighned by now. Oppostion unite and force our Speaker to resign. It is clear She is incopetent.

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  6. You know why Zambia has not exploited its potential up to now? It’s things like that. We keep changing governmets but the stagnant situation is still with us. Upnd used to walk out of parliament, PF have followed suit. Matabini used to expel Upnd for frivolous issues. Mutti has followed suit by victimizing PF members.

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  7. The constitutional court has not overruled any one..it has per its mandate made a ruling on the actions of the Hon. Speaker….the other 8 can go back to parliament since they are nit in the group that protested

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  8. Watoloka imisu wanyanta pamafi…..if you’ve done that before remember the feeling….yaak….big regret…exactly what Zambian voters did….now they’re dealing with master Chipante pante Government led by demagogue President HH

  9. Nelly Muti a known rogue lawyer…she is known in the legal industry as a fraudster…..HH only chose the best kikikikikikiki from imisu straight to matuvi

  10. The Speaker was overzealous on this one and has ended up with cake on her face and muzungu colonial wig!

  11. There are two groups here: the seven MP’s whose seats were annulled and the other 30 who were banned from attending Parliament business for 30 days when they protested.

    The constitutional court overruled on the 7 seats that were nullified. Ms Muti saw it fit to expel them even when they appealed the case in court.

  12. I have a great deal of faith in our courts of law.
    Thanks for saving us some embarrassment.
    Just wondering what sent Nelly over her heals.

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  13. Which DEMOCRATIC country are you reffering to that would have forced the speaker to resign? Stop that nonsense, as that is all lies.
    The same democracy you are reffering to is at play right now, its clear and fair. On one some people are saying the Concourt is full of PF stooges and on the other hand some are accusing the speaker of undemocratic practises. Which is which? What are you talking about?
    I think the speaker quoted the constitution to suspend those MPs and the Concourt used the same constitution, therefore, its a matter of interpretation.
    I dont see anything wrong with neither the speaker nor the concourt,,,,,this is democracy, so lets move on!!!

  14. The 3 arms of government at work. This is healthy in a democracy. What constitutional drafters should now look at is the legal instruments that seem to have created the confusion in the first place correct them to avoid similar occurrence in the future

  15. Demeaning the high integrity of the Speakers role with party activism. Please let’s uphold the respect and decorum of the Speakers role and put political affiliations aside.

  16. Come the Government has only Three Arms namely, the Executive, the Judiciary and the Legislature. Each has its own functions to perform.

    1. The Legislature inacts Laws and approves the National Budget.

    2. The Executiveb is responsible for enforcing the Laws using coercive State apparatus, raising public funds and management of public funds, setting up and maitaining bilateral relations.

    3. The Judiciary is responsible for performing the function of interpreting the Laws and imposing sanctions on the Law breakers.

    These three arms of Government provide checks and balances so that no single Arm of Government should over step it’s boundery and perform the function of another.

    Therefore, the ruling by the Constitutional Court was within their mandate of Interpreting the…

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