Speaker of the national assembly are asking the court to throw out a petition from Munir Zulu

The Attorney General and the Speaker of the National Assembly are asking the Constitutional Court to throw out a petition from Munir Zulu, a former Lumezi Member of Parliament who is currently in prison. Zulu wants to stop the Lumezi parliamentary by-election that is set for June 26, 2025.

The Electoral Commission of Zambia (ECZ) announced this by-election after the Speaker said there was a vacancy in the Lumezi seat because of Zulu’s conviction and sentencing.

On April 7, 2025, Chief Resident Magistrate Davies Chibwili sentenced Zulu to 12 months in prison for criminal libel after he made false statements about Finance Minister Situmbeko Musokotwane, Infrastructure Minister Charles Milupi, and Road Development Agency Board Chairperson Mulchand Kuntawala.

In his petition, Zulu claimed that declaring his seat vacant was against the Constitution because he hasn’t finished appealing his conviction. He also wanted the court to stop the ECZ from going ahead with the by-election.

However, Attorney General Mulilo Kabesha and Speaker Nelly Mutti responded together, saying that the vacancy was declared according to Article 70(2)(f) of the Constitution, which says that an MP who is serving a prison sentence cannot hold their seat.

“The declaration of the vacancy is based on a valid constitutional disqualification and is not a political act,” they said.

They also pointed out that Zulu’s request does not meet the legal requirements for temporary relief because it challenges established legal rules without showing a strong chance of winning.

“The petitioner’s application is an attempt to undermine the enforcement of the Constitution. Just filing an appeal does not stop the Constitution from being enforced,” they added.

The respondents insisted that the court’s ability to grant temporary measures should follow the principles of law, fairness, and public interest.