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The fight over the Chawama parliamentary seat is set to proceed to full trial after the Lusaka High Court lifted a stay that had halted the case in which former MP Tasila Lungu is challenging Speaker of the National Assembly Nelly Mutti’s declaration of a vacancy.
High Court Judge Sharon Newa removed the stay after noting that no party opposed the application, following the withdrawal of a related constitutional petition previously lodged before the Constitutional Court by lawyer Tresford Chali.
The earlier stay had been imposed pending the outcome of that constitutional matter, but with the petition discontinued, the High Court has now allowed Lungu’s case to move forward.
In her ruling, Judge Newa directed the State to file an affidavit in opposition within 14 days.
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The affidavit must be submitted by January 30, 2026, and served by February 4. Lungu’s reply is due by February 11, ahead of the substantive hearing scheduled for February 18, 2026.
Lungu is contesting Speaker Mutti’s ruling of November 28, 2025, in which the Speaker invoked Article 72(8) of the Constitution over alleged absenteeism and signalled her intention to notify the Electoral Commission of Zambia of a vacancy in the Chawama seat.
She argues that the Speaker acted unlawfully and unreasonably, asserting that the parliamentary standing orders relied upon do not constitute legislation and therefore did not grant Mutti authority to make such a determination.
The case will now proceed to be heard on its merits.
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