MPOROKOSO Member of Parliament Brian Mundubile has sued Speaker of the National Assembly Nelly Mutti to the Lusaka High Court, challenging her decision to replace him with Mafinga PF MP Robert Chabinga.
Mr Mundubile argues that Speaker Mutti’s decision to appoint Chabinga as leader of theopposition was illegal, irrational and procedurally improper, as she actedin excess of her powers and should therefore be declared null and void.
He now wants the court to stay the decision that was made by Speaker Mutti to replace him until the matter is determined.
Mr Mundubile, in an affidavit verifying facts that the list of PF office bearers at Registrar of Societies has not changed and does not include Miles Sampa or Chabinga.
He notes that decision by the Speaker of the National Assembly to replace him with Mr Chabinga as Leader of the opposition is based on her belief that the office bearers of the PF had been changed at Registrar of Societies.
Mr Mundubile contends that the officer bearers for PF have not been chanced and hence the decision of the Speaker to replace him is illegal and null and void.
“The Speaker’s decision to replace Mr Mundubile with Mr Chabinga without following the dictates of Article 74(2) of the Constitution was tainted with procedural impropriety and actuated by gross mala fides in defiant to the rules that require such a change.
“The Speaker of the National Assemblys decision to replace Mr Mundubile with Mr Chabinga was made in an irrational manner,” he submits.
Mr Mundubile says his lawsuit is a fit and proper case for grant of stay of the decision of the Speaker of the National Assembly as the applicant has made his application promptly and has satisfied the requirement of order 53 of the Supreme Court.
“We invite the court to stay the decision of the Speaker during the pendence of these proceedings, the applicant, thus prays for an order staying the said decision that all acts and proceedings in pursuance therefore be stayed pending determination of this matter or until further order of this court,” the document reads.
Early this week, Institute of Law, Policy Research and Human Rights sued Ms Mutti in the Constitutional Court seeking interpretation of the constitutionality of her deicion to accept Chabinga as Leader of the Opposition.
(Mwebantu, Friday, 17th November, 2023)
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