COURT DISMISSES PETITION AGAINST MUNDUBILE
The Constitutional Court has dismissed a petition by Patriotic Front Member MOSES SAKALA that former leader of the Opposition in the National Assembly BRIAN MUNDUBILE assumed office illegally.
The court has ruled that according to article 74 of the Constitution the Leader of Opposition in the National Assembly is elected by the largest opposition party and that is how the party arrives at the selection and the decision is purely within its authority and control.
This is according to the Constitution court judgment delivered by Judge MAPANI KAWIMBE on behalf of the Constitutional Court President MARGARET MUNALULA and other judges.
The Court further ruled that the Speaker of the National Assembly plays no role in the election of the leader of the opposition as it is purely an intra party political affair.
The Court says the Speaker’s only responsibility is to receive in writing the name of the person who has been elected as leader of the opposition by the Party.
This is in the matter where Patriotic Front-PF member MOSES SAKALA challenged the election criteria of Former Leader of the Opposition BRIAN MUNDUBILE.
Mr. SAKALA said that Mr. MUNDUBILE who is also PF MPOROKOSO Member of Parliament was not elected as prescribed by Article 74 sub-article two of the Constitution.
He sought a declaration that Former Speaker of the National Assembly breached standing orders of the National Assembly by recognising Mr. MUNDUBILE as Leader of the Opposition.
He also contended that Mr. MUNDUBILE, having illegally occupied the position of Leader Opposition in the house must reimburse the payments he received during his tenure.
But the Constitutional Court dismissed the petition for lack of merit stating that there was no substance in the arguments that the Speaker was expected to inquire in the election of the leader of the opposition .