State Seeks Dismissal of Tasila Lungu’s Court Challenge Over Chawama Sea

Tasila, daughter of former President Edgar Lungu, who is currently in South Africa, is challenging the Speaker’s decision to invoke Article 72 of the Constitution. The seat was declared vacant on November 28, 2025, on grounds relating to her absence from Parliament.

The former Chawama lawmaker cited alleged breaches of parliamentary standing orders and named the Attorney General of Zambia and Nelly Mutti as respondents in her application for leave to commence judicial review proceedings.

During submissions before Judge Sharon Newa, Tasila’s lawyer, Leon Lemba, argued that the Speaker disregarded recommendations from the Committee on Privileges and Absences, which had been tasked with probing her absence.

Lemba described the decision as illegal, irrational and unreasonable, maintaining that the court was being asked to examine the process followed by the Speaker rather than the declaration of vacancy itself.

However, the State, represented by Kelvin Chipulu, contended that judicial review was not the appropriate legal avenue.

“The correct mode to approach this honourable court is not by judicial review but by petition as prescribed,” Chipulu submitted, urging the court to dismiss the matter for being improperly before it.

In response, Lemba clarified that the application was not intended to challenge the vacancy of the Chawama seat, but to scrutinise the legality of the Speaker’s actions.

“The applicant is asking the court to examine the Speaker’s actions to determine if they were illegal, irrational, or unreasonable. This is the proper route under judicial review, not to contest the declaration directly, which would require a petition in the prescribed forum,” Lemba said.

The court has reserved its ruling.

Following the vacancy, Chawama residents went to the polls on January 15, 2026. Bright Nundwe of the Forum for Democracy and Development, a former Patriotic Front official and ex-Copperbelt Permanent Secretary, won the seat and replaced Tasila Lungu in Parliament.