THE Attorney General and the Speaker of the National Assembly have asked the Constitutional Court to dismiss jailed former Lumezi member of parliament, Munir Zulu’s petition where he wants the court to halt the by-election next month.
The Electoral Commission of Zambia (ECZ) set the by-election for June 26, 2025 in Lumezi, the Eastern Province.
Zulu in his petition, wanted the Constitutional Court to stop the planned elections in Lumezi on grounds that it was unconstitutional declaring his seat vacant when he has not exhausted his appeal process.
Zulu also sought an order restraining ECZ from holding a by-election for Lumezi Constituency parliamentary seat.
On April 7, Zulu was convicted and sentenced to 12 months imprisonment by chief resident magistrate Davies Chibwili for the offence of criminal libel where he defamed two cabinet ministers, Situmbeko Musokotwane and Charles Milupi as well as RDA board chairperson Mulchand Kuntawala.
After the sentence, the Speaker of the National Assembly, Nelly Mutti declared Zulu’s parliamentary seat vacant.
However, the Attorney General, Mulilo Kabesha and Nelly Mutti have asked the court to dismiss Zulu’s bid to stop the elections.
They submitted that the declaration of vacancy where properly grounded in a valid disqualification and is not a political act.
The two further submitted that Zulu has not demonstrated a compelling likelihood of success in the petition.
“The petitioner’s entire application rests on undermining existing binding precedent.”
“It is our further submission that the speaker’s decision aligns with the constitutional obligation arising under Article 70(2)(f),” they submitted.
The respondents said order 10 rule 1 and 2 of the constitutional court rules, confer broad discretionary powers upon the court to grant interim measures, including a stay in the interest of justice.
However, such jurisdiction must be principles of law, equity and public interest.
The respondents’ respectively submit that, even assuming jurisdiction is properly invoked, the petitioner’ has failed to satisfy the legal threshold required for such relief.
“The petitioner’ in this matter has been convicted and sentenced to one year imprisonment which has led to his parliamentary seat becoming vacant and a by-election will also follow by operation of law and not the decision of the speaker or ECZ.”
“The applicant is currently serving a custodial sentence. Disqualification arises not from the mere fact of conviction, but from the status of being imprisoned,” they submitted.
The respondents said the mere filing of an appeal or petition does not suspend the operation of the constitution.
“Allowing otherwise would paralyse constitutional enforcement.”
“The petitioner’ Zulu, alleged prejudice from the holding of a by election. However, reputational injury or political loss is not a basis for interim constitutional relief. Any alleged harm is speculative,” they said.
They said granting a stay would interfere with the lawful functioning of Parliament and upset the separation of powers.
The respondents further said to stay the speaker’s declaration would erode constitutional integrity and public confidence in the rule of law .
“The applicant’s ongoing sentence of imprisonment is sufficient to invoke the disqualification clause.”
“It is our respectful submission that the petitioner’ being a serving convict, is disqualified under article 70(2)(f),” they supposed.
They said the application is not only devoid of merit, but undermines constitutionalism and public interest consideration in the electoral process.
“We therefore pray that the application for stay be dismissed with costs,” respondents submitted.
By Lucy Phiri
Kalemba May 28, 2025
