Constitutional Court upholds Mundubile’s appointment as leader of opposition

The Constitutional Court has upheld the legality of Patriotic Front (PF) Mporokoso Member of Parliament, Brian Mundubile’s appointment as Leader of the Opposition, dismissing a petition challenging his tenure.

The court ruled that his election by the PF party, the largest opposition group in Parliament, was valid under Article 74(2) of the Zambian Constitution.

Judge Maria Kawimbe delivered the judgment on Tuesday, emphasizing that the process of selecting the Leader of the Opposition is an internal party matter and does not require the Speaker’s involvement beyond receiving formal communication.

The case stemmed from a petition by Moses Sakala, a Chipata resident and PF member, who alleged that Mundubile’s appointment circumvented constitutional procedures and sought the recovery of benefits obtained during this alleged illegal tenure.

The court found no evidence supporting Sakala’s claims that other MPs were excluded from the election process or that the Speaker violated standing orders by accepting Mundubile’s appointment.

It affirmed that the election of the Leader of the Opposition is exclusively within the purview of the opposition party’s internal procedures, as outlined in Rule 43 of the National Assembly Standing Orders.

The judgment concluded that there was no basis for the court to intervene in the internal affairs of how the opposition party selects its leader.

In October last year, Mundubile was replaced by Robert Chabinga as Leader of the Opposition, a change that occurred without holding elections.

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