The Law Association of Zambia (LAZ) says there is no provision in the constitution that requires an appointed Attorney General or Solicitor General to take Oath after ratification by parliament.
LAZ Vice President Linda Kasonde said the only requirement that the constitution provides is that the appointment has to be ratified by parliament.
Ms. Kasonde however stated in a statement released to media in Lusaka yesterday that both offices are constitutional offices and therefore are public offices.
She said this means that the two offices are accountable to the public and should preserve the sanctity of the constitution.
Ms Kasonde added that it was also important to note that the Oath of a person who sits in Cabinet is vital and mandatory because Cabinet, in the conduct of its business, is guided by three principles.
Ms. Kasonde said the principals include collective responsibility, confidentiality and declaration of interest.
She said evidently, an oath is necessary if Cabinet functions are to be discharged in light of the three principles.
She however stated that even though the Constitution of Zambia does not provide for the taking of Oath when the Attorney General and Solicitor General are appointed, by convention it is mandatory for such appointed persons to take oath for the appointment to be valid and complete.
Ms. Kasonde explained that according to Section 8 of the official Oaths Act, if a person has taken an Oath for a particular office and subsequently appointed to another office, such a person need not take another Oath if the Oath he is required to take for the new office is the same as the one taken for the previous office.
She said in this regard, since the Oath taken by an Attorney General and a Solicitor General are the same, adding that if the current appointed Attorney General took an oath of office as Solicitor General, he need not take another Oath for the position of Attorney General.
She said that being the case, the current appointed Attorney General does hold the substantive office validly and can subsequently exercise his duties as such.
Ms. Kasonde however stated that on the other hand, a newly appointed Solicitor General needs to take an Oath of office before he starts discharging the functions that office if he has not taken a similar oath previously.
Oh, please, I don’t think this is really the issue here. I think there are two issues here that needs to be addressed.
1) Why isn’t the President performing his duty of swearing in people? Is he on leave, is he sick, retired, incompetent or, God forbid, dead?
2) Ok I get it, the AG does not need to be sworn in, but what about other areas that require the president to be there? Next month, are they going to tell us that the President doesn’t need to open parliament? US-Africa leaders summit is coming up, will the president be there. SADC heads of state meeting too , will he be there?
I think rather than seaarching for every loophole to justify the incompetentance of the head of state, I think we need to face this issue head on. We can’t go on pretending day by day
The president rightfully doesn’t have to swear them.
He if busy doing other more important things.
Swearing will come later
Thanks
Ok , maybe, just maybe, PF has delivered a life long lesson to Zambians and it is this: You don’t need a President to run the country. They have just run a practical experiment and they seem to just make this experiment work!! I think lets us formalise it at the next parliament sitting which will be open by Guy Scott I think. I will be a fresh take. After all there are about 23 countries in the world that have outlawed the army and they have no standing army and saved a lot of money.
Let Zambia be the first to outlaw the presidency and I think we shall save a lot of money in the long term than countries like Iceland, Panama, Haiti, Maurituas which don’t have armies
Your rhetorical questions/concerns are well taken. However LAZ is not speaking on behalf of the government but merely stating the legal position regarding the taking of oaths
@1.1 Mushota – Actually, the President is not too busy. He is suffering from senile dementia and your party (PF) don’t want to expose him to the public for fear that he’ll make a nuisance of himself.
All the excuses being given are just to avoid the embarrassment Sata can cause them.
LAZ have just confirmed my earlier comment on the matter. It is advisable that when controversial constitutional issues arise we take it upon ourselves to read the existing constitution, inadequate as it may be in some areas. That is all I did a week ago and learnt something new.
At least you have picked-up some sense, and realized that Sata is unwell. I hope your partner in tribalism — Mushota does that too.
Some of us saw this coming a long time ago. Try telling Sata that he does not need to swear in any constitutional officer and hear how he will insult you when he was not brain dead.All these twists to what has been standard practice, confirm the fact that Sata is incapable of discharging his presidential duties.
Next we shall hear Sata left a note to endorse some one to act as president, and that some one does need to take oath nor accept instruments of power formally from Sata in order to act as president.
The Zambian constitution does not require permanent secretaries to be appointed and sworn in by the president. But presidents in Zambia over step their limits to wield too much power. Correct me if I am wrong here.
When parliament resumes, Sata will delegate Scott to open it…
Mr MMD Chief Bootlicker you has missed the point here.Did you do special paper 1 and 2 at Grade 7 or it was not there during your time. The issue the learned Madam Linda Kasonde has clarified in the article about was whether the AG can perform his duties without being sworn in by the President and taking oath of office.
This was because of the point of order which Hon Mweetwa raised in parliament. LAZ has guided the nation and we are now clear of the law that does not required someone who has been sworn already in the same office to sworn in again. On Sata’s non attendance of some important national and international assignment,this we have to take up with parliament ,also ask for guidance from the secretary to the cabinet whether Sata applied for sick leave or not as he is a worker a…
SATA is either brain dead or physically dead.. All those photos we saw were just cleverly put together. I can do that with just paint and Ms word. I don’t even need expensive software.
The fact that he is not performing his duties without being on leave, confirms my assertion that SATA is AWOL.
Its a bit too late for him to apply for leave now. Instead they should just tell the nation the truth that SATA is incapacitated to perform his duties as president so we can move on.
@Ricky B
Look the accusation of him not being well are unfounded.
He 1) Celebrated his birthday and was reported to be in high spirits
and in jovial mood 2) Pictures of him charring a meeting at state house where there
to be seen by the world 3) He went to see his Son at the Hospital 4) He was disembarking from the
chopper looking nothing like someone who is ill
Those above are FACTS
The accusation , I repeat accusations are all ‘mere façade’ , illusions, accusations, witch-hunts mostly
Emanating from UPND supporters.
Why the government is not arresting anyone that accuses his Majesty of being sick is beyond me.
Please stop, just stop, you disgust me and the world
I dont even understand why when i say the truth people vote me down
Thanks
The problem with you MMD Chief bootlicker is that you have taken leave of your cognitive faculties ever since MMD was kicked out of power. What is so difficult about this article for you to understand? The AG can perform the the duties of his functions even though he hasn’t been sworn in, it’s clear in the rule book. And who tells you that the President won’t be there to officiate at the Agriculture and commercial show? stop daydreaming.
In Sata’s era everything revolves around the presidency and him being the center of power.Independent constitutional offices are an alien concept to leaders of little education.
@1.1 MUSHOTA: One month hiding from the public, and you are saying he is busy. what is making him busy? state duties or just sleeping. Dont defend mediocrity even if he is your relative
Ok LAZ I’m impressed. You have thoroughly researched this one and referred us to the relevant law.
It is all in the current Constitution of Zambia. It took me a few minutes to read a week ago and I am just surprised that LAZ has taken so long to revert with a position on the matter.
Granted, if officers were sworn in their previous posts can discharge their duties in their new position without another swearing in process. However, here stands procedural and ritual compliance to be fulfilled for these constitutional office bearers. To circumvent convenience in the disguise of mystifying the absence of head of state, is just being ‘clever’ in duping the public and disgracing to constitutional positions.
Aquila, good post! Allow me to repeat part of your comment for emphasis’ sake:
“To circumvent convenience in the disguise of mystifying the absence of head of state, is just being ‘clever’ in duping the public and disgracing to constitutional positions.”
If only HE Sata had principles or was very humane he could have resigned and called for elections. Umwaka ushili obe, tauchila ibaka and not even political or medical manoeuvres will work. If he doesnt show up at the opening of parliament we go for a bye election and putting a working president in office. HE Sata is now the biggest liability to government treasury. This experiment as Bootlicker calls it seems to have no conclusion. The Law of Nature has a way of solving problems. You can run but you can’t hide. Im HE Sata is very sad that he can’t perform his favorite function of swearing people. Those days he could not rest but found someone to swear, now nature says no to hoodwinking people…..ke nako to come out of hiding
@D, I dont think the man even remembers that his a president otherwise he would have long considered the option of resigning. Our only hope would have been a medical board, which alas, cabinet members are interested parties and so they cant shoot their own feet.
Mass demos just might!
we all knw sata is sick and dying soon.this issue of changing goal posts will one day back fire.on the other hand,it better to have a bed ridden sata than the one active coz the active one is full of embarrassing us .let him be until 2016 if u like.
I agree with you about not being embarrassed as a nation but must admit that a part of me misses the comedy especially the kind that used to make poko faram supporters squirm.
I love the developmets
Really!!! How is it the same Oath when they are two different positions? I guess when taking an Oath as , for instance, Solicitor General, the position title appears somewhere in Oath statement. How then is it the Oath same? The same Government is saying Sata is fit and sound, why then is it difficult for the officers to be sworn. This is what happens when you model your life on lies.
Zambia is really in a mess. Even Institutions that you expect to be impartial and smart in guiding the public in matters of Law are unable to do that.
SATA kuya bebele whether you like it or not. you may try to delay as much as you like or look for all the excuse you can get, the man is old and sick and has failed to perform his duties. If it was him who was okey and another person/ president sick we would not be sleeping with sata insults and mockery. God is just in all his ways, what you sow the same you will ripe if you do not repent. May God ‘s will be done even in this situation. Amen
I wonder where the army is or is too polarized to smell the coffee
Ricky Bobby Pre senile dementia?possibly it’s you suffering from this awful illness. My lady Mushota, it’s difficult to educate, reason and debate with people who are pure driven by hate which is deep rooted in their genetic fibres. Anything to them is envy, hate, name calling, propaganda and character assassination. They think the know when they are un educative individuals full of anger and always wishing others to die or bad lucky. What they forget is God has a plan for everyone and the day to leave this earth. Man will never alter what God has made or planned. Frustration, hate , envy and so forth will never help anyone but destroy you. Mr Sata remains the head of state whether you like it or not. If God has a plan for him to finish one or two terms who are to question God’s…
The problem with MMD Chief bootlicker is that he has taken leave of his cognitive faculties ever since MMD was kicked out of power. What is so difficult about this article for you to understand? The AG can perform the the functions of his office even though he hasn’t been sworn in, it’s clear in the rule book. And who tells you that the President won’t be there to officiate at the Agriculture and commercial show? stop daydreaming.
What about the Appointment letter, is it not supposed to be signed at the same swearing in function? For all I know one is supposed to produce this letter before taking up a new appoitment