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Speaker of the National Assembly, Nelly Mutti, has referred to the courts of law the case regarding the potential vacation of office for three Members of Parliament (MPs).
The matter was raised by Nkana MP Binwell Mpundu on February 12, 2025, who accused the MPs—Elias Daka (Msanzala), Davidson Mung’andu (Chama South), and Andrew Lubusha (Chipangali)—of campaigning for the ruling UPND during the recent Petauke Central by-election.
Mpundu’s point of order, based on Article 72(2) of the Constitution of Zambia, called for the MPs’ seats to be declared vacant due to alleged cross carpeting.
He presented claims that the MPs had addressed UPND officials, which he argued was in violation of constitutional provisions since they were not sponsored by UPND.
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During her ruling on Friday, Speaker Mutti stated that the issue of whether the MPs had crossed the floor as claimed would require judicial interpretation.
She emphasized that the Constitution vests the power to interpret the law in the judiciary, citing the case of Attorney-General v. Chishimba Kambwili (2019) as a precedent.
Mutti noted that Mpundu had not provided sufficient evidence to support his allegations and, therefore, declared his point of order inadmissible.
She also stated that the request for the MPs’ seats to be declared vacant fell outside her jurisdiction, as it involved a legal interpretation that only the judiciary could provide.
Furthermore, Mutti disowned Jonathan Banda, who had been mentioned in the Point of Order, clarifying that there was no record of him in Parliament.
She advised MPs to familiarise themselves with the National Assembly’s Standing Orders, which govern parliamentary procedures.
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