The Law Association of Zambia (LAZ) says the acting President has constitution powers to transfer office holders, but may not terminate the services of previously appointed office holders.
In a statement issued to QFM News today following debate that has arisen on the recent transfer of Chanda Kasolo as Information and Broadcasting Services Permanent Secretary taking over from Bert Mushala who has been moved to Cabinet Office, LAZ Vice President Linda Kasonde however, says with regards the transfer of Permanent Secretaries by the Secretary to the Cabinet, Article 53 of the constitution is clear in providing that any action by the Secretary to the Cabinet must be made on the instructions of the President or the person exercising the functions of a President.
Ms Kasonde says LAZ is therefore of the view that of the Secretary to the Cabinet acted by transferring the Permanent Secretary of Information without the instructions of the Acting President, the transfer is illegal.
She further states that the constitution provides that the function of the President under Article 61 of the constitution that the Acting President assumes on the death of the President pursuant to Article 38(3) are subject to Article38(3).
Ms Kasonde explains that this means that ac acting President can make appointments, discipline and remove persons in office but may not revoke any appointment made by the deceased or incapacitated president.
On behalf of L T bloggers, I say we love u and are proud of u sir
I fogot to mention BB2014, and all members of the clueless Undisputed Party for Nuts and Dander heads (UPND), we love u sir
Guy Scott is a good man, it’s unfortunate that he has such crazy team??
Anyhow for Me I am now on-board Flight HH2015, we will be landing shortly at Plot One International airport. Ladies and gentlemen, please fasten your seat belts as PF cadres may hit you during landing.
this young LAZ lawyer is dull whats wrong with this association nowadays. Why is laz so much into the affairs of pf like the post is.
Lol. Where have you been? We are making a movie, its called ‘THE GODFATHER’ Zambian version. LAZ is also a cartel.
Another dull character! Surely how on earth, in Zambia Africa for that matter, would you describe the Republican constitution as ‘issues of a political party ‘??? It’s comments such as yours that are a danger to our country. Please backtrack on your insults, LAZ is doing a commendable job nowadays as they seem to have rediscovered their true purpose of establishment. Without proper and upright interpretation of our laws, politicians may surreptitiously hijack our rights and abuse their offices.
Thumbs up to LAZ; I honestly never thought lawyers could be so useful to a country after all
Guy Scortt has nothing to loose as at now and I see him after handling the office to HH on 21 January, he will even retire from active politics.
GUY SCOTTY PLEASE WE NEED PEACE…NOT CONFUSION…NOT DIVIDE AND RULE GAME..
YOU WILL REAP WHAT YOU ARE SOWING NOW.
I CAN ASSURE YOU IF THEY LOSE 2015 ELECTIONS- MOSTLY LIKELY IF YOU KEEP ON WITH YOUR DIRTY TACTICS, THEIR PAIN WILL HAUNT YOU FOR THE REST OF YOUR REMAINING FEW YEARS
John1, Guy Scott is in a conundrum.
He has responsibility without authority. For instance, no authority to hire and fire! No one can function in such an environment. I hope this lacuna will be cured in the new constitution.
I think LAZ has lost direction now better they keep quiet they have a very wrong president who is on the other side if the Law.
We have the Supreme and High courts of Zambia. They are the ones that should be giving us knowledge of the Law, not a group of misfits that are on a mission of popularity.
Why doesn’t he move Vodgar Lungu to the ministry of Breweries then?
What calibre of lawyers do we hav? No consistence,cant interprete the law.Laz is a political party without direction.you hv no confidence in wat u say.whom do you want to confuse? This scot has no single power on any civil servant.don’t mislead him,he he gonna rot in prison come february 2015
The Law Association of Zambia has transformed itself into the “HIS MASTER’S VOICE” parroting Musa Mwenye’s verses.
I can only predict that Guy Scott will be protected by either HH or RB; but if PF wins the Presidential race, Guy Scott will be flushed out of the country following the path of James Skinner.
Since Guy Scott and Masebo were not trusted by Sata, the two are persisting in the PF just to effectively dissect the anatomy of PF by clandestinely destroying the internal vital organs of the party they wish to go into oblivion. Apparently Masebo is part of Kabinga in and outside the PF structure.