The Constitutional Court has been petitioned to order Mporokoso Member of Parliament, Brian Mundubile, to pay back all the monies and other entitlements he obtained during his alleged illegal tenure as Leader of the Opposition.
The 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.
The Petitioner contended that the Speaker of the National Assembly violated the provisions of Rule 43 of the National Assembly standing orders, 2021, by accepting his appointment in 2021.
“Your petitioner further alleges that the second respondent ( Ng’ona) contravened the provisions of Article 60(2)(d) of the Constitution by failing to exercise internal democracy as provided for under the said Article,” he stated.
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 wants 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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