Moses Sakala objects rejects Attorney General’s legal advice

A PURPORTED Patriotic Front (PF) member, Moses Sakala has differed with Attorney General Mulilo Kabesha by claiming that Brian Mundubile, the Leader of Opposition in Parliament was not elected and should therefore refund the money he has been receiving.

Last week, Mr Kabesha told Mr Sakala that his petition seeking that Mr Mundubile should refund the money he received as Leader of the Opposition in Parliament was nothing but an attempt to perpetuate unconstitutional acts.

But yesterday, Mr Sakala of Chipata argued that the Speaker of the National Assembly, Ms Nelly Mutti, should have requested a tally of all the votes cast as well as the minutes of the meeting recorded when the outcome of the vote was concluded.

This is a matter in which the petitioner is seeking among other reliefs that all the monies accrued by Mr Mundubile, Member of Parliament for Mporokoso, be recovered as he was illegally appointed to the position of Leader of the Opposition.

Mr Sakala alleged that the Speaker violated Article 74 (2) of the constitution and National Assembly Standing Order 43 when she acted on the letter notifying her of the appointment of Mr Mundubile.

But Mr Kabesha, opposed the petition and denied perpetuating any unconstitutional acts.

Mr Kabesha contended that the Speaker was not legally mandated to question the internal election processes of the political party.

Mr Kabesha argued that the Speaker did not breach the constitution by acting on a notification from the then PF Secretary General, Mr Davies Mwila, dated August 30, 2021, as Mr Mundubile had been appointed as the Leader of Opposition, following a caucus meeting held between members of the central committee and MPs.

The petitioner in his reply to the Attorney General’s answer submitted that the traditional practice of merely notifying the Speaker was entirely insufficient for the monitoring of an election to a constitutional office.