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Constitutional Court Judge Martin Musaluke has dismissed an application seeking to halt Speaker Nelly Mutti’s decision to declare the Chawama parliamentary seat vacant, ruling that the request lacked merit and was based on unfounded speculation.
In a ruling dated December 4, 2025, Judge Musaluke noted that former Chawama MP, Tasila Lungu, had been absent from Parliament since June and that no evidence had been presented to suggest she would return to represent her constituency when Constitutional Bill No. 7 is brought for debate.
“This Court takes judicial notice of the fact that Honourable Tasila Lungu has been absent from Parliament since June 2025,” the Judge stated, adding that the petitioner had provided no proof that she would be available during the crucial debates.
He affirmed that claims of disenfranchisement were “speculative and unfounded.”
Lusaka lawyer Tresford Chali had urgently petitioned the Constitutional Court, arguing that Speaker Mutti’s decision, if left to stand, would effectively silence the people of Chawama during a critical constitutional amendment process.
In a certificate of urgency filed on Wednesday, Chali warned that allowing the National Assembly to proceed with the vote before the Court addresses the challenge would result in the “unlawful disenfranchisement” of the constituency.
“This vote may take place on or before Friday. If it is taken before the stay is granted, the people of Chawama will be deprived of being heard on the proposed constitutional amendments through Hon. Tasila Lungu,” Chali submitted.
He maintained that Speaker Mutti acted outside the law when she invoked Article 72(2)(c) to declare the seat vacant, asserting that the provision applies only to breaches of a prescribed code of conduct, not parliamentary Standing Orders.
Chali is asking the Court to quash the Speaker’s decision to ensure representation for Chawama.
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