State moves to dismiss Tasila Lungu’s challenge over vacant Chawama seat

The State has asked the Lusaka High Court to dismiss Tasila Lungu’s application challenging the declaration of her Chawama parliamentary seat vacant, arguing that the matter is improperly before the court.

Tasila Lungu, daughter of late President Edgar Lungu, is contesting Speaker of the National Assembly Nelly Mutti’s decision to invoke Article 72(2)(c) of the Constitution to declare the Chawama seat vacant on November 28, 2025.

But the Attorney General, through Principal State Advocate Kelvin Chifulu, has opposed the application, insisting that the High Court lacks jurisdiction to hear the matter under judicial review.

In an affidavit in opposition, Chifulu argued that Tasila’s own affidavit shows she is challenging the Speaker’s decision—an issue which, according to the State, should have been brought before the court by way of a parliamentary petition.

He stated that Tasila adopted the wrong procedure by seeking judicial review instead of using the constitutionally prescribed mode.

“I verily believe that the correct mode to approach this honourable court is not by judicial review but by petition as prescribed,” Chifulu stated.

The State maintained that because of this procedural defect, the High Court cannot grant the reliefs sought by the former lawmaker.

“In the premises, I verily believe that this honourable court is bereft of the requisite jurisdiction to grant the reliefs sought,” the affidavit reads.

Chifulu further argued that the application was fundamentally flawed and should be dismissed at the preliminary stage.

“I verily believe that the application herein is dead on arrival and therefore ought to be dismissed,” he stated.

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