The Attorney-General, Mulilo Kabesha, has asked the Constitutional Court to dismiss the petition by a PF member, seeking an order that Mporokoso Member of Parliament, Brian Mundubile, pay back all the monies and other entitlements he obtained during his alleged tenure as Leader of the Opposition in Parliament.
Kabesha denied allegations that the Speaker, Nelly Mutti, violated Article 74 (2) of the Constitution and National Assembly standing order 43, when she acted on the notification on the election of Mundubile as Leader of the Opposition.
He submitted that in a letter dated August 30,2021 from the then PF Secretary General, Davies Mwila to the Clerk of the National Assembly, Mundubile had been selected as leader of the opposition, following a caucus meeting held between members of the central committee and MPs.
“The respondent shall further aver that the Speaker of the National Assembly is not legally mandated to question the internal election processes of the political party.
“The practice in the appointment of previous leaders of Opposition in the National Assembly is that the opposition political party with the largest number of seats merely notifies the National Assembly of the person elected to that office,” he argued.
The Attorney-General argued that he cannot not be faulted for receiving communication about the person selected to serve as Leader of the Opposition, or for consequently allowing Mundubile who was selected by then draw entitlements of the said position.
“In light of the forgoing we submit that the first respondent has not violated Article 74 (2) of the Constitution and we pray that this petition be dismissed with costs to the first respondent,” he submitted.
In this matter, Petitioner, Moses Sakala, who identified himself as an active member of the Patrotic Front (PF) stated that Mundubile was illegally appointed Leader of the Opposition as no elections were held to select the leader amongst the opposition Members of Parliament in accordance with Article 74(2) of the Constitution.
Sakala had cited the Attorney-General and PF faction party Secretary-General, Morgan Ng’ona as respondents.
Sakala is seeking order that all monies and monetary benefits obtained by Mundubile, by virtue of his illegal tenure of office, be accounted for and recovered.
He is also seeking a declaration that the Speaker contravened Article 74(2) of the Constitution of Zambia (Amendment) Act No. 2 of 2016, as well as Rule 43 of the National Assembly Standing Orders, by accepting Mundubile’s appointment to the position without any elections being held.
He also wanted a declaration that the party SG breached provisions of Article 60(2)(d) of the Constitution by failing to exercise internal democracy as provided for under the said Article.
Mundubile was last October replaced by Robert Chabinga as Leader of the Opposition without elections being held.
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