THE Attorney General has asked the Constitutional Court to dismiss former Lumezi member of parliament Munir Zulu’s petition where he wanted the court to halt the by- elections which the Electoral Commission of Zambia (ECZ) set for June 26, 2025 in Lumezi of the Eastern Province.
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Zulu, in his petition wanted the ConCourt 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.
However, the parliamentary by-election went on as planned and UPND’s Lufeyo Ngoma emerged as a winner.
Zulu, who was convicted on April 7, was sentenced to 12 months imprisonment by chief resident magistrate Davies Chibwili for the offence of criminal label.
After the sentence, the Speaker of the National Assembly, Nelly Mutti declared Zulu’s parliamentary seat vacant.
Zulu, therefore sought an order restraining ECZ from holding the by-election for Lumezi Constituency parliamentary seat.
However, the Attorney General, Mulilo Kabesha who is also Chief Legal Advisor to the Government, has asked the court to dismiss Zulu’s bid to stop the elections for lack of merit.
Kabesha submitted that Zulu’s ongoing sentence of imprisonment is sufficient to invoke the disqualification clause which is followed by a vacancy in by- election.
He argued that the procedure and decisions made by the National Assembly were done in accordance with the law.
“To allow the petition would erode constitutional integrity and public confidence in the rule of law.”
“The by-election was triggered by operation of law and not the speaker’ s actions,” he said.
Kabesha said following the petitioner’s conviction and sentence to imprisonment by the Subordinate Court , the Speaker of the National Assembly was constitutionally required to declare the seat vacant and to notify the ECZ.
He said the issue that the speaker violated article 18 or 120 of the Constitution or undermined the petitioner’s rights of appeal,the constitution expressly provides for vacation of a seat upon conviction.
“There was no contravention of the law in the manner the seat was declared vacant and the same are not constitutional issues within the jurisdiction of the ConCourt.”
“As regards the reliefs sought, the first respondent states that the acts of the Speaker of the National Assembly were within the law and therefore, the petitoner is not entitled to any of the reliefs sought,” Kabesha argued.
Kabesha asked the court to dismiss Zulu’s petition for lack of merit stating that the law is clear and supports the speaker’s actions.
“In view of the foregoing we respectively submit that the petitioner’s claim including the assertion that the Chilangwa’s decision was per in curiam and the call to rescind the speakers declaration of the vacancy, lack legal merit.”
“We therefore pray that the petition be dismissed with costs,” Kabesha submitted.
By Lucy Phiri
Kalemba June 30, 2025
