Speaker of the Zambian National Assembly, Nelly Mutti, has refused to bow to pressure and declare parliamentary seats belonging to nine expelled Members of Parliament (MPs) from the opposition Patriotic Front (PF) vacant, pending court rulings on the matter.
An affidavit submitted to the Constitutional Court on Friday by the Assembly Deputy Clerk, Cecilia Sikatele-Mambwe, had indicated that the nine MPs were expelled by PF factional leader, Miles Sampa, and his Secretary-General, Morgan Ng’ona, remained members of the assembly, contrary to repeated claims by Sampa that they ceased to be MPs and that their seats must be declared vacant.
The affidavit was in support of the response by the Attorney-General to the petition in which the nine are contesting their expulsion following their purported dismissal in an announcement made by Ng’ona last month.
The affected MPs are contesting their expulsion by the Sampa-led PF on the grounds that the faction had no requisite authority to execute an expulsion as Sampa himself had been expelled from the party.
They are seeking a declaration that the purported actions of the speaker to act on the letters sent to her by Ng’onga was and is illegal and, therefore, null and void ab initio as such actions were and are a violation of Article 60(2) of the Republican Constitution (Amendment) Act No. 2 of 2016.
They also seek an interim order allowing them and the party to operate freely, and for Sampa and Ng’onga to stop masquerading as PF president and Secretary General respectively.
In the affidavit, the Deputy Clerk stated that the Speaker had not acted on the letters because she is awaiting the court’s decision on the matter, in accordance with the Constitution.
“It is only after the confirmation of the expulsion by the court or the elasping of the period within which to challenge the expulsion, that the Speaker is mandated, by the constitution, within seven days, to inform the ECZ of the occurence of the vacancy,” she said.
“Consequently,the office of the Speaker has not acted on the letter of expulsion from the second tespondent, therefore, the Petitioners remain members of Parliament,” she submitted.