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The Constitutional Court has reserved ruling on a motion raised by Matero Member of Parliament, Miles Sampa, who is challenging its jurisdiction to hear a petition seeking to declare his parliamentary seat vacant following his expulsion from the Patriotic Front (PF).
The petition was filed by PF faction Secretary-General Morgan Ng’ona, who argues that Sampa ceased to hold the seat after being expelled from the party.
Ng’ona wants the Constitutional Court to order the Speaker of the National Assembly to declare the seat vacant.
However, when the matter came up, Sampa’s lawyer, Anthony Kasolo, argued that the case was wrongly before the Constitutional Court.
He submitted that questions relating to the vacation of parliamentary seats due to expulsion fall under the jurisdiction of the High Court, pursuant to Article 72(2) of the Constitution.
Kasolo urged the bench—comprising Justices Margaret Munalula, Martin Musaluke, Mathew Chisunka, Mulongoti, Mudford Mwandenga, Maria Kawimbe and Kenneth Mulife—to dismiss the petition.
He cited previous rulings, including the Ford Chombo v. Attorney General case, in which the Constitutional Court declined jurisdiction over matters deemed more suitable for the High Court.
Read More: Miles Sampa secures right to defend Matero seat in constitutional court case
Principal State Advocate, Namboo Mwiya, representing the Attorney-General, opposed the motion.
He argued that the petition was properly before the Constitutional Court as it concerned the Speaker’s conduct in implementing constitutional provisions.
Mwiya maintained that the issues raised were not so highly contested as to require a full trial before the High Court.
Ng’ona’s lawyer, Kalubinga of Munati Chambers, also insisted that the petition was valid, stressing that it was not merely about Sampa’s expulsion but about the Speaker’s constitutional obligations.
“The petition is rightly before this court, which has the jurisdiction to entertain it. We therefore pray that the preliminary issue be dismissed,” she said.
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