MUTTI, KASUNE FACE CONTEMPT BID OVER CONSTITUTION AMENDMENT BILL 7
…petitioners accuse Speaker, Justice Minister of Defying Court orders
Lusaka… Wednesday October 1, 2025 – Petitioners Hon Munir Zulu and Lusaka based Lawyer Celestine Mambula Mukandila have asked the Constitutional Court to cite Speaker of the National Assembly Nelly Mutti and Minister of Justice Princess Kasune for contempt of court, accusing them of defying a ruling on Constitution Amendment Bill No. 7 of 2025.
In an affidavit filed before the Constitutional Court, Mr. Mukandila alleged that the Speaker and the Minister had “deliberately disrespected” a June 27, 2025 judgment which ordered that the controversial Bill No. 7 should not proceed in its current form, but instead be subjected to a people-driven process spearheaded by an independent committee of experts.
“The Court directed that Bill No. 7 should not proceed and that consultations be conducted through an independent body. However, instead of withdrawing the Bill, the Speaker merely postponed its consideration while the Minister of Justice has failed to initiate a fresh process as ordered,” Mr. Mukandila stated.
The affidavit further claimed that the alleged contemnors have acknowledged the judgment but remain determined to push ahead with the constitutional amendment process in disregard of the Court’s decision.
“The actions of the alleged contemnors are contemptuous at best and a clear show of unjustifiable disregard for the authority of this Honourable Court,” Mr. Mukandila said.
The petitioners contend that such actions undermine public confidence in the Judiciary, particularly given the high offices occupied by the Speaker and the Minister of Justice.
They have since applied for leave to commence contempt and committal proceedings against the senior government officials.
It seems we have ignorant lawyers in the country. Courts have no authority over which bills can be tabled in parliament. It is called separation of powers, meaning each arm of government has autonomy to perform it’s functions, without the other interfering. If the courts do so, they would be overstepping their authority. The courts can only come in once the bill has been passed in to law, and it determined to infringe on other laws of the land, NOT before. Did these people do basic civic education?
@ Straight forward
If a Government decides to Change the Bill of Rights, and presents a Bill to Parliament to amend the Bill of Rights without a Referendum, what should Citizens do? You wait for the amendment to be done, or you go to the Constitutional Court and present the anomaly, a Breach of the Constitution, as the Bill of Rights can only be changed through a Referendum.
We are dealing with the supreme law of the land, the Constitution, and not any other law my brother. The Constitutional Court ruled on Bill 7 and Constitutional Violations were identified in the Judgement.
Thank you.
And you believed the naysayers about the presentation of bill 7 when it’s not even on the order paper
Insufficient legal education or lack of it, informs your commentary. The petitioners are on solid legal ground. Your “separation of powers “ argument is very frail indeed! You cannot go to court with dirty hands ( Rochefoucauld v Bousted [1898] 1 Ch. 550, per Lindley LJ. Though established in a case grounded in Equity, applies generally to civil law. Zambia being a Common Law jurisdiction has the England Act for guidance.
Anyway, don’t worry trying to explain to these guys ba grade 3…
They don’t understand all this…
It is like you trying to wash a pig clean – it will just annoy you because it will still go back to the dirty….
The dust has now been settled though though they will still find dust even over water…
HH7 in his usual understanding manner has quietly while on a working visit overseas Appointed a Non Partisan Technical Committee of Eminent Zambians to visit every corner of Zambia and gather views as the Con Court Ruled which has been their Cry….
They will now come up with another firm of Wailing despising the committee….
They can’t see anything Good…
What a waste of time going to file papers on a non existent matter…
The Speaker and Hon Minister must be laughing at these guys including the Bishops who sat on an Ant hill shouting Lion Lion Lion…
Wait and see my brother…
Bull 7 does not touch part three of the constitution which require referendum, so the process they followed is within the requirements of the law for amending the constitution. So as it is the courts have no jurisdiction to dictate the bills which can be tabled in parliament.
@ Straight forward
I gave an Abstract example of a Government presenting an Amendment of the Bill of Rights to Parliament, ignoring that this can only be done through a Referendum just for comparative purposes.
Using your logic on Separation of Powers, Parliament can proceed to amend the Bill of Rights Amendment , and the Constitutional Court will only come in later to rule that the process was unconstitutional!
Try to relate this to Bill 7.
The Constitutional Provisions on the Amendment of the Constitution were ignored. The process which gave birth to Bill 7 was illegitimate and unconstitutional.
So what should we do as Zambians ? Do we allow a Bill produced through an Illegal, Illegitimate and Unconstitutional process to become Law, then after this , that’s when we should go to the Constitutional Court to remove the law because the process was illegal.. Or do we take the case to the Constitutional Court before the Bill becomes Law.
Well , this is what Munir Zulu and Mukandila did, and the Constitutional Court agreed that the process which produced Bill 7 was unconstitutional, Illegal and Illegitimate.
Wrong again!! You have just failed your Constitution and Administration Law paper, let alone the LLB (Lond) exam, probably not the Zambian Law Schools exam.
Sorry , this applies to Straight forward or is it otherwise!
K100,000 NkUKU man is right!!!!
Tu PIEFU are venornous and want every time to bring their madness in order to cause harm or sickness in the ives of the innocent individuals, but as long as the ALMIGHTY GOD Lives. No weappn formed against the salved ones and the truth will ever succed. DUNUNA REVERSE IS A LIER and liers will always falter in their own rubbish.
BILL 7 will pass and to tell you tbe truth neither Her honour Madam Speaker or honourable Minister ofJistice will ever face the so called PIEFU contempt. What has been presented in our National Assembly will go ahead. If there was anything to be added it will be so. Period!
NIPANO TULI
Bill 7 is the only way you can cling to power.Who plays football with only 11 players,their referee and their linesmen?
Prove Zambia wrong by emulating Malawian election fairness!!!
Of course, you are determined not to, hence the legal action!!!