CONCOURT ALLOWS MUNDUBILE TO JOIN MATTER OVER PARLEY PERKS
MPOROKOSO Member of Parliament Brian Mundubile has been joined to the matter before the Constitutional Court in which a purported Patriotic Front (PF) member, Moses Sakala is challenging his ascendance to the position of Leader of the Opposition.
ConCourt Judge Kenneth Mulife granted the application for joinder stating that it would be a miscarriage of justice if the petition succeeded without having given Mr Mundubile, who is the Leader of Opposition in Parliament an opportunity to be heard.
Justice Mulife stated that the reliefs being sought by the petitioner were not directed at the Attorney General or Mr Morgan Ng’ona (purported secretary general) but was directed to Mr Mundubile.
“In view of the foregoing, the intended party shall undoubtedly be affected by the outcome of the petition and this is what constitutes sufficient interest in the matter, for purposes of joinder. I am satisfied that this is a proper case for me to exercise my discretion to join the intended party to the proceedings as a third respondent,” he ruled.
Mr Sakala wants the ConCourt to order Mr Mundubile to pay back all monies and monetary benefits obtained during his tenure as Leader of the Opposition.
He contends Mr Mundubile was illegally appointed to the position as no elections were held in line with 74 (2) of the constitution.
Mr Sakala alleged that the Speaker, Ms Nelly Mutti, 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.