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The Law Association of Zambia (LAZ) has petitioned the Constitutional Court to declare Speaker of the National Assembly Nelly Mutti in breach of the Constitution for allowing the continuation of the Constitution of Zambia (Amendment) Bill No. 7 of 2025, despite a binding court ruling halting the process.
LAZ contends that Speaker Mutti’s ruling of July 9, which permitted further legislative action on the bill, directly violated the Constitutional Court’s June 27 judgment that had found the initial amendment process unconstitutional.
The association argued that her actions undermined the supremacy of the Constitution, judicial authority, and the doctrine of separation of powers.
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In its petition filed Monday, LAZ warned that unless restrained, the Speaker and Parliament would proceed with Bill No. 7, causing “irreparable harm to the constitutional order, democratic governance, and the rule of law.”
The association stressed that the Speaker’s ruling prioritized parliamentary procedure over binding judicial decisions, an act which it said “seriously disrupts constitutional balance.”
LAZ seeks a declaration that the Speaker’s ruling is unconstitutional, null and void.
It also wants the Court to suspend all legislative proceedings related to the bill until there is full compliance with Article 79, including publication in the Government Gazette and meaningful public consultations.
Citing breaches of Articles 1, 2, 5, 8, 9, 77, 79, 90, 91, 92, 128 and 267, LAZ accused the Speaker of procedural impropriety, failing to uphold the supremacy of the Constitution, and acting in defiance of the Constitutional Court’s authority.
It argues that Speaker Mutti misapplied the doctrine of Parliament’s exclusive cognizance under Article 77, wrongly invoking it to sidestep constitutional compliance.
“The Speaker’s conduct erodes judicial authority, weakens institutional integrity, and threatens democratic governance,” LAZ stated.
LAZ is also seeking interim relief to halt all parliamentary action on Bill No. 7 pending final determination of the case, arguing that the balance of convenience lies in preserving constitutional legality.
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