The Constitutional Court has thrown out the matter in which former Leader of Opposition in the National Assembly BRIAN MUNDUBILE was challenging his removal.
The Constitutional Court has ruled that Mr. MUNDUBILE’s contention is not properly before the Court as it has been wrongly commenced through an originating summon.
The Court has also ruled that the issues raised by Mr. MUNDUBILE for Constitutional interpretation are not general but personalised.
The judgment has been delivered by Constitutional Court President MARGARET MUNALULA and her deputy ARNOLD SHILIMI, sitting with judges MARTIN MUSALUKE, MATHEWS CHISUNKA, JUDY MULONGOTI, MUDFORD MWANDENGA, MAPANI KAWIMBE and KENNETH MULIFE.
This is in a matter where Mr. MUNDUBILE sought the Constitutional Court’s interpretation on whether or not Speaker of the National Assembly NELLY MUTTI breached the constitution by announcing MAFINGA Member of Parliament ROBERT CHABINGA as his replacement.
This followed the communication by the new PF Leadership to alter the Leader of Opposition office bearer after the October 2023 Convention where MATERO member of Parliament MILES SAMPA was elected as PF President.
However Mr. MUNDUBILE rushed to the Constitutional Court, contending that National Assembly Speaker NELLY MUTTI had breached the Constitution by announcing Mr. CHABINGA as new Leader of Opposition in the House.
Mr. MUNDUBILE cited article 74 sub article two of the Constitution.
In the proceedings, the Institute of Law, Policy Research and Human Rights Limited was the first plaintiff.