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Thursday, November 26, 2020

Musa Mwenye can function as AG without being sworn in -Deputy Speaker

General News Musa Mwenye can function as AG without being sworn in -Deputy Speaker

Deputy Speaker of the National Assembly Hon. Mkhondo Lungu (r) converses with PCC Chairperson Hon. Munji Habeenzu during the Launch of the Parliamentary Caucus on Children Strategic Plan 2012-2016 at Raddison blu Hotel.
Deputy Speaker of the National Assembly Hon. Mkhondo Lungu (r) converses with PCC Chairperson Hon. Munji Habeenzu during the Launch of the Parliamentary Caucus on Children Strategic Plan 2012-2016 at Raddison blu Hotel.

Deputy Speaker of the National Assembly Mukondo Lungu has said that newly ratified Attorney General Musa Mwenye can perform the functions of the office of the Attorney General while he is waiting to take the oath of allegiance.

In making a ruling on a point of order raised by Choma Central United Party for National Development (UPND) member of Parliament Cornelius Mweetwa who wanted to find out the legality of the documents signed by Mr Mwenye and laid on the table of the House when the former Solicitor General had not been sworn in by President Michael Sata, Mr Lungu said the new Attorney General could perform his functions before taking his oath of allegiance.

Mr Mweetwa in his point of order explained that according to the constitution, the position of the Attorney General fell in the category of positions of where an individual was expected to take oath of allegiance before taking up functions of their constitutional offices.

And Monze Central (UPND) MP also wondered why a document signed by Mr Mwenye who had not been sworn in was being tabled in the House.

“Mr Speaker Sir, I want to find out the legality of the document that is being laid on the table of the House signed by Mr Musa Mwenye when he has not been sworn in by the President.

According to the Constitution, the position of Attorney General falls in the category of positions where one is supposed to take oath of allegiance,” Mr Mweetwa wondered.

But in his ruling, Mr Lungu said: “The Attorney General can perform his functions as he awaits taking oath of allegiance.”

Mr Mwenye along with Abraham Mwansa, the new Solicitor General and Mumba Malila, the newly appointed Supreme Court Judge have not been sworn in by President Sata since their ratification about a month ago.

About a month ago, Parliament ratified the trio but President Sata has not found time to swear them in forcing the Law Association of Zambia (LAZ) to demand that the Head of State should allow the three constitutional office bearers take the oath of allegiance.

The foundation for Democratic Process (FODEP) has expressed concern that Mr Mwenye, Mr Mwansa and Mr Malila have not been sworn in a month after being appointed and ratified by Parliament.

16 COMMENTS

  1. What a long holiday our leader is enjoying failing to come and attend to urgent national issues. Only God knows what is going on.

    • Sata is getting a salary without working unless if is on sick leave. If is my employee, I would have fired Sata for not communicating to me his boss as a voter why is not coming for work and making himself available. Unless is ill for which I would have needed a medical report that is fit to work.

    • I see that the MP asked the question while referring to the constitution…what logic is the Deputy Speaker using in passing this judgment? Can he overrule the law just like that? Pls help..

    • No no no no no its not allowed. We shall see what will happen when one of the cabinet ministers dies when Sata is in hiding. Who will appoint that MP to be a minister.

    • Why don’t we just throw the constitution away??? I guess our kind can’t just wait to going back to living in trees!!! Perfect Freedom!! PF Indeed!!!

  2. But then, how does the AG function without having sworn to uphold the constitution and recognize all institutions and processes in place?
    This is the biggest flaw in Zambian governance whereby the lawmakers are the greatest law breakers. With this statement attributed to Mr Lungu in his capacity as Deputy Speaker, it is very clear that having a constitution is totally unnecessary.

  3. From which laws of Zambia can the un sown attorney General or any other bearer to such an important position in one wing of Government especially the Judiciary can perfom duties before one is sown in .Mwatampa ukutu bepa kwati twache .This is the biggest scandal in Zambia .Can LAZ quickly address this issue before Zambia is looked as a useless country by other countries.

  4. The deputy speaker is being mischievous, why is he not giving reasons for failure to have these officials sworn in. Why has Mr Sata’s favourite hobby of swearing in become a problem? Is the president incapacitated? Can he stand and has he lost his voice? If he is well let him talk.
    The PF is destroying the country in every aspect and are doing it on a large scale.

    • A few years back if my memory serves me right, soon after Levy had passed on a question arose as to whether RB needed to take oath of office as President. Mumba Malila then AG opined that since RB had already taken one oath of office there was no need for him to take another. Maybe this is what Mikondo has laid his ruling upon. My take is that the procedural aspects of assuming office are of as equal weight as substantive issues such as qualification to office. Musa has scaled one hurdle but in order for the process to be complete he now needs to be sworn in in order for him to function he cannot purport to be AG before the ‘ceremonial’ aspects are concluded. next you will rule that Ministers don’t need to be sworn in to function. Which is nonsense

  5. The Government is relying on a specific part of the Constitution. The problem as I see it is the Constitution. Hate the game and not the player. All the past Govts have exploited this Constitution and UPND will not be any different unless all well meaning Zambians say enough is enough and force through a new Constitution.

  6. So what will he be upholding if he does not swear to uphold our constitution. Is this legal ? I thought he is supposed to be sworn in before he starts working.

  7. If a Minister is on an unending illness or out of country for official duties the headofstate appoints some one to act and perform the duties of that office like Minister Kambwili acted as Labour Minister. In this matter of ill president,the veep acts but he is ineligible! sad state of affair under poor management even national assembly is just tainted with partisanship! Over a month the president is not seen nor performing! The constitution does’t allow this it’s misprision/willful omission of duty by parliament.

  8. If a Minister is out of country for official duties the headofstate appoints some one to act and perform the duties of that office like Minister Kambwili acted as Labour Minister. In this matter of ill president,the veep acts but he is ineligible due to citizenship issue, then Wynter acted but ineligible to swear in those waiting to be sworn in, and some sad state of affairs under poor management even national assembly is ineligible to do anything positive! Over a month the president is not seen nor performing! The constitution does’t allow this it’s misprision/willful omission of duty by PF surrogate institutions.

  9. The question to the PF is, why create such a conflict when there is supposed to be none, since they claim the president is well, why can’t he come out in the open and swear in the attorney especially considering that the said position is a very delicate and important one. Why would they want to creat such a political unrest? Because for surely the PF know that people will be asking questions for this has never happened before. Why creat unnecessarily tension?

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