By Hanoock Kasama
The Constitutional Court has dismissed the Law Association of Zambia’s (LAZ) litigation against the Speaker of the National Assembly, Nelly Mutti, for sustaining the legislative process of the Constitution Amendment Bill No. 7 of 2025.
The Court ruled that Ms. Mutti be struck out from the proceedings and replaced by Attorney General Mulilo Kabesha, noting that the Attorney General is the legal representative in all cases pertaining to the duties of officials across the three arms of government.
The Court dismissed LAZ’s contention that the Attorney General cannot represent the Speaker in decisions made in her official capacity. LAZ had anchored its arguments on the principles of separation of powers and Article 177 of the Constitution, which they argued must be interpreted together with Article 266.
The Court’s findings upheld Attorney General Kabesha’s response that his legal representation is not restricted to executive officials, but also extends to those in the legislature and judiciary.
This matter arose after LAZ challenged the sustenance of the legislative process of the Constitution Amendment Bill No. 7 of 2025 by Speaker Mutti. She made the ruling on July 9, 2025, following the Constitutional Court’s earlier judgment on June 27, 2025, which directed that the amendment process must be accompanied by broad consultation.
The judgment follows a petition filed by incarcerated former Lumezi Member of Parliament Munir Zulu and Lusaka Lawyer Celestine Mukandila, who is also the Tonse Alliance National Youth Chairperson.
