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Attorney General, Mulilo Kabesha, and Speaker of the National Assembly, Nelly Mutti, have opposed a legal challenge that seeks to unseat Matero Member of Parliament Miles Sampa.
In a joint response, they argued that the Constitutional Court lacked the jurisdiction to determine the petition filed by Patriotic Front (PF) faction Secretary-General, Morgan Ng’ona, who is pushing for Sampa’s removal.
Ng’ona, in his petition filed last month, claimed that Sampa, having been expelled from the PF, no longer qualified to hold the Matero parliamentary seat.
He contended that despite notifying the Speaker of Sampa’s expulsion, no action had been taken to declare the seat vacant.
However, Kabesha and Mutti, in their combined response, urged the court to dismiss the petition, stating that the Speaker acted lawfully in declining Ng’ona’s request.
They emphasized that the Speaker had followed proper procedures and made decisions in accordance with the law.
Stephen Kawimbe, Deputy Clerk of Procedure at the National Assembly, further defended the Speaker’s decision, citing Article 72(5) of the Constitution of Zambia (Amendment) Act No. 2 of 2016.
He explained that on July 15, 2024, the Speaker had received legal correspondence indicating that Sampa had challenged his expulsion in court.
Given that a High Court case was already in progress, the Speaker denied Ng’ona’s request on two occasions—July 30 and November 14, 2024—on the grounds that the matter was sub judice, meaning it was under judicial consideration and could not be interfered with.
Kawimbe stated, “The petitioner has not provided any evidence of constitutional violations. The Speaker acted within the law, and no further action can be taken while the matter remains in court.”
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