The Constitutional Court has dismissed the appeal by former Leader of Opposition in the National Assembly, Brian Mundubile, challenging his removal from the position.
In its ruling, the Court found that Mr. Mundubile’s case was improperly filed, having been initiated through an originating summons, making it not properly before the Court. Additionally, the Court noted that the constitutional issues raised by Mundubile were not of a general nature but were personal to his situation.
The judgment was delivered by Constitutional Court President Margaret Munalula, with Deputy President Arnold Shilimi, and Judges Martin Musaluke, Mathews Chisunka, Judy Mulongoti, Mudford Mwandenga, Mapani Kawimbe, and Kenneth Mulife.
Mundubile had sought the Court’s interpretation on whether National Assembly Speaker Nelly Mutti violated the Constitution by appointing Mafinga Member of Parliament Robert Chabinga as his successor after the October 2023 PF Convention, which saw Miles Sampa elected party president. The former Leader of Opposition argued that the Speaker’s announcement of Chabinga as the new opposition leader breached constitutional provisions, particularly Article 74(2).
In the proceedings, the Institute of Law, Policy Research, and Human Rights Limited was listed as the first plaintiff in the case.
