Judge Sharon Newa has recused herself from continuing to preside over the matter in which former President Edgar Lungu’s daughter, Tasila Lungu, is challenging Speaker Nelly Mutti’s decision to declare the Chawama parliamentary seat vacant.
Justice Newa directed that the matter be placed before the High Court Judge-in-Charge for reallocation.
“Following my appointment as Judge of the Court of Appeal, I transfer the matter to the Judge-in-Charge for reallocation,” she stated.
In February this year, Justice Newa had granted Tasila leave to commence judicial review proceedings, finding that the application raised serious legal questions deserving determination by the court.
Read more: Tasila Lungu gets court nod to challenge loss of Chawama seat
In her ruling, Justice Newa acknowledged the doctrine of exclusive cognisance, which grants the National Assembly authority over its internal affairs, but emphasised that such powers were not absolute and remain subject to constitutional scrutiny.
She stated that where there were allegations of a breach of the Constitution, the courts retained jurisdiction to examine the actions of the Speaker or the National Assembly.
Tasila is challenging Speaker Nelly Mutti’s November 2025 decision to declare her seat vacant under Article 72(8) of the Constitution, citing her failure to attend parliamentary sittings.
The court indicated that resolving the matter would require determining whether the decision was made lawfully and reasonably within the framework of parliamentary procedures.
Judge Newa is among 40 judges recently appointed by President Hakainde Hichilema to the Superior Courts.
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