Africa-Press – Zambia. Constitutional Court orders Attorney General to take over as government representative in LAZ case against Speaker Mutti
The Constitutional Court has ruled that the Attorney General should be joined to replace Speaker of the National Assembly Nelly Mutti as the government’s legal representative in a case where she has been sued by the Law Association of Zambia (LAZ) over her ruling on the deferred Constitutional Amendment Bill No. 7 of 2025.
Lusaka, 29 November- LAZ took the Speaker to court, arguing that her decision to defer the Bill and her interpretation of parliamentary procedure were unconstitutional. In her earlier ruling, Ms. Mutti maintained that the Bill was properly before Parliament and that the deferment aligned with the Standing Orders. She further stated that if the Bill’s sponsor, Minister of Justice Princess Kasune, chose to proceed with the next stages, Parliament would continue its consideration regardless of the Constitutional Court’s judgment in a related case involving Munir Zulu and others.
Delivering the decision, a full bench comprising Judges Martin Musaluke, Mathew Chisunka, Judy Mulongoti, Mudford Mwandenga, and Kenneth Mulife held that the Speaker acted in her official capacity, bringing the matter under the constitutional framework established by Article 177, which mandates the Attorney General as the government’s principal legal advisor and representative.
The judges emphasised that while government comprises several organs and institutions that operate independently by constitutional design, legal proceedings involving any of these entities cannot be handled in isolation. They noted that the Attorney General has a constitutional duty to represent the executive, even in matters that may appear adverse to other branches or institutions of government.
The court relied on Order V Rule 4 of the Court Rules, which empowers it to add a party to the proceedings at any stage without a formal application if doing so is necessary to ensure a fair and just determination of the matter.
The ruling effectively positions the Attorney General as the official respondent on behalf of the State in the ongoing case between LAZ and the Speaker.
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