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Chawama MP Petition Challenges Parliamentary Seat Vacancy Ruling

Chawama Constituency Member of Parliament, Clement Chali, has petitioned the Constitutional Court to challenge Speaker Nelly Mutti’s decision to declare the parliamentary seat vacant.

On Friday, November 2025, Speaker Mutti declared the seat, previously held by Tasila Lungu, vacant. The ruling followed Ms. Lungu’s continued absence from Parliament since the death of her father five months ago. Ms. Mutti stated that Ms. Lungu breached Standing Orders 215 and 234 of the National Assembly Standing Orders of 2024.

In an urgent petition filed today, Mr. Chali argues that the decision was unconstitutional and illegal. Citing the Attorney General as the respondent, he asks the court to set aside the Speaker’s ruling, contending it contravenes the Constitution.

Mr. Chali contends the action violated Article 72(2)(c) of the Constitution, which refers to conduct contrary to a Code of Conduct “prescribed” by an Act of Parliament. He argues this is not the same as the Standing Orders relied upon by the Speaker, stating that Article 266 requires prescribed matters to be provided for in legislation. He submits that Standing Orders are internal parliamentary procedures and are not supported by the Parliamentary and Ministerial Code of Conduct.

The petition seeks several remedies, including a declaration that the Speaker’s decision is null and void, an order of certiorari to quash the ruling, and a stay of the decision until the petition is fully determined.

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1 COMMENT

  1. Nelly Mutti’s thinks this is Tanzania. She wants to fix all elections. Let the Chawama people send her a message. Just bring back Chagwa’s daughter for a political message to the ambi woman

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