The High Court has halted proceedings in Austin Mkoka’s challenge to Parliament’s investigative powers, setting the stage for a possible constitutional battle over who has authority to establish parliamentary committees.
The case centres on whether Parliament can independently establish joint investigation committees without involving the President, raising questions about the separation of powers and the interpretation of the Constitution.
Attorney General Frank Mbeta is challenging the legality of the committees, arguing that the dispute requires an interpretation of Section 56(6) of the Constitution.
In an application filed on November 2, 2026, Mbeta asked the court to refer the matter to a panel of at least three High Court judges because of the constitutional questions involved.
He wants the court to determine whether the term “Parliament” in the constitutional provision includes both the National Assembly and the President, and whether the President must be involved in establishing parliamentary committees.
Mbeta has also questioned the constitutionality of Standing Order 148(1), which empowers the National Assembly to establish committees, as well as whether citizens have an enforceable constitutional right to effective governance of public institutions.
The court has granted the application and referred the matter to the Chief Justice for certification. Proceedings will remain suspended until the Chief Justice makes a decision. If certified, the case will be heard by a panel of at least three High Court judges.
Mkoka filed the challenge over the establishment of joint parliamentary ad hoc committees tasked with investigating alleged governance irregularities in state-owned enterprises.
