The Constitutional Court has rejected a petition by Patriotic Front member Moses Sakala challenging the appointment of the former Leader of the Opposition, Brian Mundubile.
The court has clarified that under Article 74 of the Zambian Constitution, the Leader of the Opposition in the National Assembly is chosen by the largest opposition party.
Therefore, the process of selection and decision-making is solely the responsibility and jurisdiction of the opposition party concerned.
Delivering the decision on behalf of Constitutional Court president Margaret Munalula and other judges, Judge Mapani Kawimbe stated that the Speaker of the National Assembly does not have a role in the selection of the Leader of the Opposition, as it falls under the internal affairs of the opposition party.
The speaker’s only duty is to officially receive the elected leader’s name in writing from the party.
The court’s decision was made in response Sakala’s challenge to the criteria used in Mundubile’s election.
Sakala argued that Mundubile, who is also a PF Member of Parliament, did not follow the requirements of Article 74 sub-article 2 of the Constitution.
He requested a declaration that the Speaker of the National Assembly violated the standing orders by recognizing Mundubille as Leader of the Opposition.
Sakala also claimed that Mundubile, having unlawfully held the position, should repay any remuneration received during his tenure.
However, the Constitutional Court dismissed the petition for lacking substance, stating that there was no basis for the argument that the Speaker had a duty to investigate the election process of the Leader of the Opposition.
