MUNDUBILE CHALLENGES CHABINGA
…ConCourt orders that Mr Mundubile, the Leader of the Opposition in Parliament should be joined to a matter in which the State has been sued for appointing Robert Chabinga as Leader of Opposition
MPOROKOSO Member of Parliament, Brian Mundubile has been granted an application for joinder to the matter in which the Institute of Law Policy Research and Human Rights Limited sued the Attorney General over the appointment of Mafinga Member of Parliament, Robert Chabinga as Leader of the Opposition.
Constitutional Court Judge Mathew Chisunka ordered for Mr Mundubile to be joined to the proceedings as he had sufficient interest in the matter because he would directly be affected by the court's interpretation of article 74(2) of the constitution.
"Thus, the intended interested party has stake in the outcome of this litigation and his participation is neccessto ensure that all issues in the main proceedings are adjudicated upon and determined to finality.
I therefore find merit in the intended interested party's application for joinder as an interested party," Justice Chisunka ruled.
Justice Chisunka ordered Mr Mundubile file skeleton arguments and list of authorities on or before January 24, 2024.
He further ordered the Institute and the Attorney General to file their respective skeleton arguments and list of authorities in response, if, any by January 30, 2024.
Background to the matter is that the Institute is seeking an interpretation whether pursuant to Article 74(2) of the Constitution of Zambia (amendment) Act no.2 of 2016, a leader of the opposition is elected or appointed by the political party with the largest number of seats in the National Assembly itself as a political party.
The court should also guide whether pursuant to Article 74(2) of the constitution (amendment) Act no.2 of 2016, it is the individual MPs belonging to the opposition political party with the largest number of seats in the National Assembly that elect a leader of opposition.
And lastly, if in accordance with the said article, an opposition political party with the majority seats can elect an MP from another political party or from among independent MPs as leader of the opposition.
On November 1, 2023 Speaker, Nelly Mutti, announced the appointment of Mr Chabinga as Leader of the Opposition, replacing Mr Brian Mundubile.
Ms Mutti said she was in receipt of the letter of the Miles Sampa led PF faction's Secretary General Morgan Ng'ona, that the party had appointed Mr Chabinga.