MUNDUBILE was legally in office – ConCourt
By Hannock Kasama
The Constitutional Court -ConCourt- has dismissed claims by Patriotic Front Member MOSES SAKALA that Former Leader of the Opposition in the National Assembly BRIAN MUNDUBILE assumed office illegally.
The court has ruled that Mr. MUNDUBILE assumed office in accordance with article 75 of the Constitution.
Delivery Judgment, Constitutional Court Judge MAPANI KAWIMBE further ruled that the Speaker of the National Assembly has no jurisdiction over the election of the Leader of Opposition in the house.
Judge KAWIMBE ruled that according to article 74 of the Constitution, the Leader of Opposition in the National Assembly is elected by the largest opposition party.
She said that the status quo therefore excludes independent members of Parliament from assuming the opposition leadership in the house
This is in the matter where PF member MOSES SAKALA challenged the election criteria of Former Leader of the Opposition BRIAN MUNDUBILE.
Mr. SAKALA said that Mr. MUNDUBILE who is also PF MPOROKOSO Member of Parliament was not elected as prescribed by Article 74 sub-article two of the Constitution.
He further submitted that the PF contravened Article 60 of the Constitution by failing to subject Mr. MUNDUBILE to internal democracy prior to his appointment as Leader of the Opposition in the National Assembly.
Mr. SAKALA also sought a declaration that Former Speaker of the National Assembly Dr. PATRICK MATIBINI breached standing orders of the National Assembly by recognising Mr. MUNDUBILE as Leader of the Opposition.
He also contended that Mr. MUNDUBILE, having illegally occupied the position of Leader Opposition in the house must reimburse the payments he received during his tenure.
