SPEAKER ACCUSED OF MISGUIDED RULING FOLLOWING UNREAD JUDGMENT

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…we did not challenge the parliamentary process of enacting the Bill, but rather the unconstitutional manner in which the Executive initiated its creation, says Mukandila
Lusaka… Friday July 11, 2025 – The Speaker of the National Assembly, Nelly Mutti, has come under criticism from the Tonse Alliance following her recent ruling on the contested Bill 7.
In a statement issued by National Youth Chairman Celestine Mambula Mukandila, the Speaker has been accused of delivering a ruling without first reading or properly reviewing the Constitutional Court’s judgment.
According to Mukandila, Mutti’s actions represented a serious and unacceptable affront to the rule of law and democratic governance.
He alleged that her failure to consider the ratio decidendi – the core legal reasoning behind the judgment – indicated a deliberate disregard for the Constitution and due process.
He further claimed that the Speaker had “vilified” constitutional principles by allowing a Bill deemed unconstitutional by the courts to remain on the floor of the House.
Mr. Mukandila emphasized that the Tonse Alliance had not challenged the parliamentary process of enacting the Bill, but rather the unconstitutional manner in which the Executive arm of government had initiated its creation.
“This was not merely a procedural oversight,” he asserted, “but a calculated move that undermines the legal foundations of the nation.”
Mr. Mukandila warned that the flaws within the Bill were so significant that they posed a serious threat to citizens’ rights and freedoms, necessitating urgent action.
He maintained that allowing the continued discussion of Bill 7 in Parliament after it had been invalidated by the Constitutional Court amounted to a breach of the Constitution and a usurpation of judicial authority.
Mr. Mukandila said the Tonse Alliance would pursue all available legal and political avenues to ensure accountability and to prevent such “blatant disregard for the rule of law” from recurring.
He reiterated that this was not a partisan issue, but a matter concerning the integrity of Zambia’s democratic institutions.
“We did not challenge the legislative process of enactment, but rather the process of coming up with the Bill by the Executive,” Mukandila stated.
“The Constitutional Court has ruled it was unconstitutional, and as such, the Speaker cannot continue to have an unconstitutional Bill on the floor of the House.”

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