ConCourt orders AG, Ng’ona to file defence
…in a matter a Mr Sakala claiming to be a PF member is demanding that Mr Mundubile should pay back his salary as Leader of Opposition to government
Constitutional Court Judge Kenneth Mulife has ordered that the Attorney General and Mr Ng’ona should file their answers and affidavit by January 26, 2024 and has given the petitioner up to February 2 to file his reply and affidavit.
In the initial orders for directions, the Attorney General and Mr Ng'ona were ordered to file their answers and affidavits in opposition by December 19, 2023, but did not do so.
During proceedings held on January 17, 2024, Judge Mulife admonished the lawyers who include those from the Attorney General's Chambers for non-compliance to court orders.
"It is not good practice for counsel to disregard orders of directions given by the court as that has a tendency to inhibit the quick dispatch of matters. For the future such non-compliance will not be accepted," he said.
Earlier, Mr Kalaba Malikebo, representing the Attorney General explained to the court that instructions were received late, thus the failure to comply with orders.
"This is because we received instructions late from our client and as the State, we have found that we have various matters dealing with the same issues and we are yet to have a meeting later today so that the state can have one position with regards to these matters that deal with the same issue," he submitted.
In this matter filed on November 29, 2023, Mr Sakala is seeking a declaration that Mr Mundubile's appointment to the position in question was null and void ab initio, as it was done in contravention of Article 74(2) of the Constitution of Zambia (Amendment) Act No. 2 of 2016.
He also wants the court to rule that the Attorney General, through the Speaker of the National Assembly breached Article 74(2) of the Constitution of Zambia (Amendment) Act No. 2 of 2016, as well as Rule 43 of the National Assembly Standing Orders, by accepting Mr Mundubile's appointment and allowing him to draw all entitlements accrued to the said office.
The petitioner also wants the court to find the PF secretary general, Morgan Ng'ona in breach of the provisions of Article 60(2) (d) of the Constitution by failing to exercise internal democracy as provided for under the said Article.