The constitutional court of Zambia has ruled that the Attorney General be added to replace Speaker of the national Assembly Nelly Mutti as government legal representative, in a matter she is sued by the Law Association of Zambia LAZ for her rulling made about the deferred Constitional Amendment Bill: 7.In this matter The Law Association of Zambia (LAZ) sued Speaker of the National Assembly, Nelly Mutti, over her ruling on the deferment of the Constitutional Amendment Bill No. 7 of 2025, describing it as unconstitutional.Ms. Mutti had ruled that the Bill was properly before Parliament and that its deferment was in line with procedures outlined in the Standing Orders. further stated that if the sponsor of the Bill, Minister of Justice Princess Kasune decides to proceed with the next stages, Parliament would resume its consideration regardless of the Constitutional Court’s judgment in the case involving Munir Zulu and others.A full bench of judges noted that the speaker was acting in her official capacity, thereby placing the matter in the ambit of the constitution under article 177 which creates the office of the attorney general as government legal counsel.Judges Martin Musaluke, Mathew Chisunka, Judy Mulongoti, Mudford Mwandenga and Kenneth Mulife noted that although government is made up of multiple organs and institutions which are separated by constitutional design, any legal proceedings against any of them is not dealt with independently.Further that the Attorney General does constitutional mandate to represent the executive in a manner that may seem detrimental to the rest of government.The court relied on order v rule 4 of the courts rules which provides that, the court at any stage of the proceed, without the application of a party but on terms that may appear just order, order for person to be joined to the proceeding in order for it to adjudicate upon the matter in a just manner.
By Cecilia Kayaya Mporokoso
