By 
Tasila Lungu, daughter of former president Edgar Lungu, has cleared the first legal hurdle in her bid to challenge the loss of the Chawama Constituency parliamentary seat after the Lusaka High Court granted her leave to commence judicial review proceedings.
High Court Judge Sharon Newa ruled that Lungu’s application raised substantial legal questions warranting examination by the courts.
However, the court declined to stay the decision that declared the seat vacant, noting that a by-election had already been held, effectively rendering the stay request moot.
Read more: Court rejects bid to halt Speaker Mutti over sack of Tasila Lungu from Chawama seat
Justice Newa acknowledged the doctrine of exclusive cognisance—which grants the National Assembly of Zambia autonomy over its internal affairs—but stressed that such powers were not absolute.
“Where there is an alleged breach of the Constitution, the courts have jurisdiction to scrutinise the actions of the Speaker or the National Assembly,” she said.
The judge relied on precedent from earlier rulings involving the Attorney General and decisions of the Constitutional Court of Zambia to emphasise that parliamentary privilege could not insulate unconstitutional conduct from judicial review.
Lungu’s challenge stems from Speaker Nelly Mutti’s November 2025 decision to declare her seat vacant under Article 72(8) of the Constitution, citing absenteeism from parliamentary sittings.
The court stated that evaluating the matter would require assessing whether the Speaker acted within the bounds of the law and parliamentary procedure, adding that any arising constitutional questions would be referred to the Constitutional Court.
While granting leave for the case to proceed, Justice Newa ruled that the request to halt the Speaker’s decision could not be entertained since the by-election had already taken place.
WARNING! All rights reserved. This material, and other digital content on this website, may not be reproduced, published, broadcast, rewritten or redistributed in whole or in part without prior express permission from ZAMBIA MONITOR
Comments