MUNDUBILE LEGALLY ELECTED LEADER OF OPPOSITION.
…the Constitutional Court says the election of the Mporokoso law maker as Leader of the Opposition in Parliament was in line with Article 74 (2) of the Constitution
Lusaka – Wednesday, 26 June 2024.
THE Constitutional Court has ruled that Patriotic Front (PF) Mporokoso Member of Parliament, Brian Mundubile was legally elected as Leader of the Opposition, in line with Article 74(2) of the Re2publican Constitution.
This is according to a judgement of the court delivered by justice Maria Mapani-Kawimbe, in a matter where a purported Patriotic Front (PF) member, Moses Sakala, asked the court to declare null and void ab initio, Mr Mundubile’s appointment as Leader of the Opposition.
He contended that his selection was done in contravention of Article 74(2) of the Constitution of Zambia (Amendment) Act No. 2 of 2016, was done in the absence of an election by members of Parliament from the opposition party, as prescribed by the constitution.
He asked the court to rule that the Attorney General, through the Speaker of the National Assembly breached Article 74(2) of the Constitution of Zambia (Amendment) Act No. 2 of 2016, as well as Rule 43 of the National Assembly Standing Orders, by accepting Mr Mundubile’s appointment and allowing him to draw all entitlements accrued to the said office.
The petitioner also wanted the court to order Mr Mundubile to pay back to Government all entitlements drawn during his alleged illegal tenure.
However, the ConCourt adjudicated that the petition lacked merit and dismissed it.
“Addressing the issue whether the third respondent’s (Mr Mundubile) appointment is binding in accordance with Article 74(2) of the Constitution, we find that it met a test provided therein and we will answer it in the affirmative. The reasons indeed are that the PF party which is the largest opposition party in the National Assembly elected Mundubile as the leader of opposition. The manner in which the election was conducted is not prescribed by the Constitution but is purely an internal affair of a political party and this may be by the caucasus, party polls or processes that exist in the party structure,” said the court.
“We also wish to clear the misconception by the petitioner that the selecting process of the leader of opposition is limiting to the participation of opposition MPs. This is clearly not the case because it comprises the wider membership of the party. Even in the circumstances, we opine that there is no basis upon which the court must enquire into the process of Mundubile’s selection,” the court affirmed.
It also found that the Speaker did not breach the constitution by accepting the said appointment as valid at law and accorded him the privileges and entitlements of the office of the Leader of the Opposition.
This is because the selection for the leader of opposition as this is purely an intra-party affair.
“We reiterate that how the opposition arrives at the selection or decision is purely within its authority according to Rule 43 of the National Assembly Standing Orders of 2021.
The Speaker’s only responsibility is to receive in writing the name of the person who has been elected as the leader of opposition,” said the court.
(Credit: Daily Nation Zambia)