Thursday, March 28, 2024

Ex Ministers want Concourt’s ruling over refunds

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-Minister of Information and Broadcasting Services Chishimba Kambwili(l) and Minister of Finance Alexander Chikwanda(r) chats during the Launch of the PF Campaign at Heroes Stadium
Former Minister of Information and Broadcasting Services Chishimba
Kambwili(l) and Former Minister of Finance Alexander Chikwanda(r) chats

Former Ministers who illegally stayed in office following the Constitutional Court’s judgment after Parliament was dissolved have written to the Attorney General Likando Kalaluka to revisit the ConCourt’s ruling.

Home Affairs Minister Stephen Kampyongo who served as Local Government Minister at the time said the former Ministers had written to the Attorney General Likando Kalaluka to re-look at the matter.

Mr Kampyongo said the former Ministers are finding it difficult to accept the constitutional courts judgment hence the decision to engage the Attorney General to pursue the matter further.

And Former Information Minister Chishimba Kambwili says it is unacceptable for people to continue suggesting that the former Ministers’ stay in office was illegal when they were rendering a service to the Zambian People.

Mr. Kambwili said he is ready to pay back the money but that he does not agree with the Constitutional Courts judgment.

“Did I ask myself to continue in office? In any case there is no deadline so they have to calculate how much we spent,” Kambwili said.

He said it was wrong to ask them to repay the money as they had been rendering a service to the nation.
Mr Kambwili said the court erred and should not have asked them to refund the state.

The Constitutional Court last month ruled that cabinet ministers were supposed to vacate their offices once parliament and ordered them to refund the money they spent after the dissolution.

78 COMMENTS

    • With the notorious flip-flop legacy of this Concourt, we wouldn’t be surprised if we were to wake up one day to the news that the court has overturned its own ruling.

    • Bye bye to the decent bloggers on this platform. As for me, I dont wanna hear anything about Zambia, either good or bad. This is my last comment and the last time Im ever reading anything from Zambia. Useless, lawless, failed state. Enjoy.

    • The minister have every right to seek clarifications on the ruling.

      Those of you who heard the ruling you will agree, or may chose to ignore, the fact the in the ruling reference was made to the draft.

      Even myself who is not a lawyer can clearly see something wrong with that.

      Imagine you give a letter of offer for a job to a maid, with a salary of K900, and a 6-point job description.

      She then tells you that, for that amount, she can only sign the letter and take the job if point #6 is removed from the he letter of offer, while the rest of the conditions remain the same.

      You agree to her proposal, and change the offer letter to reflect on 5 points from 6 points on the initial offer letter.

      She then signs the letter, you too sign it and she starts work.

      When monthend…

    • Continued…

      When monthend comes, she demands her K900 salary, you tell her she deserves only K750 because the initial letter had 6 points which entitled her for the K900.

      Definitely something has gone wrong with you. How do you refer to the initial letter which is not, in any way, binding to the contract?

      The initial letter was just a draft, and it cannot hold; what holds is the letter that was done after the discussion, which was attested to by your signatures.

      At that stage you cannot say, ‘no, let us view this matter in the spirit of the rejected letter’.

    • Hon Kambwili, you have a right to read and see what it is that is provided or not provided in our laws. what you are essentially saying is that if the authorities tell you do something that is wrong, you just go ahead. don’t you think this is flawed thinking sir? its you people together with UPND that shot down the move to have cabinet outside parliament. had you passed that rule, this would not have happened. you Zambian politicians are really selfish. by the way can you please publish how much each minister owes. and for the sake of clarity, what should constitute a refund – fuel, airtime and DSA? for all I know, you were not working for the country but for PF. so let PF as a party look for the money and refund to the state

    • By Wanzelu

      Folks I have come to realise that in Africa to lead a successful political party that ends up in government a leader needs to be” WOLF” and not a “SHEEP”.

      Sheep political leaders win the right to govern in civilised countries not in the African jungle where there is no rule of law.

      Evidence is there for all to see. Sata was a Wolf and he won an election by force against all odds at the time government machinery was trying to rigg. He went to ECZ and threatened all the officers to do a decent thing otherwise hell would break loose. The ECZ upon realising this man mean’t business given his violent nature as a “WOLF” ECZ did the right thing and gave him his victory.

      Lungu also mobilised his thugs to over power his Sheepish contenders and for sure he became the…

    • By Wanzelu

      Lungu also mobilised his thugs to over power his Sheepish contenders and for sure he became the leader he is today. In the just ended elections, he played the same game and ended up ursping power by crook or hook.Only by being a “WOLF” can political leader get his party to govern in Africa.

      Look at Kenya ,Uganda , Burundi ,Rwanda, Zimbabwe today, only Wolfs are and sons of Wolfs are leading these countries because they caught on the “WOLF” leadership style a longtime ago.

      Opposition parties going forward need to adopt a “WOLF” stance in order to champion their cause. They need to mobilise their supporters to use defiance and if shove comes to push fight running battles with the regime ‘s dogs fearlessly. This is what I call fighting for freedom against…

    • By wanzelu
      This is what I call fighting for freedom against oppressive regime.

      Forget demonstration of craziness that democracy brings in Africa where it only works for the violent WOLF like leaders.

      “If you can not beat them join them”

      Ignore my advice at your peril!

    • And Lazy Bum said he will respect it …it was just lies; the over paid themselves in allowances now are shocked at the bill.
      Really shocking!!

    • Now that they are back in the driving seat they want to challenge the unchallengeable. Isn’t this the same ConCourt, whose last ruling they were celebrating over? Just wait for the calculations and payback otherwise you have no recourse to the ConCourt.

    • This is an ease issue iwe Chimbwili.just corrupt the concourt judges since they are also corrupt like you.It will be a 5 years of corruption,lawlessness,drunkenness…

    • This is really the epitome of dullness! Chishimba Kambwili, have you not been following how PF has abused the Constitutional Court?

      Now it is your turn to suffer.

      The Constitutional Court decision is FINAL. As agreed by the Supreme Court.

      JUST PAY BACK THE MONEY! Do what you have been telling The Post to do! That is Zambian Taxpayers money! Do not be a complete hypocrite!

    • Knowing the idyots at the KanCourt who overrule themselves even when there’s no complainant, I would suggest that the AG should have a stern word with Pallan Mulonda, Anne Mwewa and Mungeni Mulenga, and instruct these stooges to issue a new ruling. Otherwise the bribes they got last week for not hearing HH’s petition will now be treated as loans!!

  1. If we say the inauguration was illegal PF calls us names. It is the same bench that agreed that you pay back now you have started talking because you are in illegal power. Pay back after all you will just steal from the same government through contractors by inflating contracts

    • That is why they all not 3 or 2 must go. They have lost credibility.
      Whatever they will decide will be subject to debate or suspicion. That is why this court requires very qualified judges. It is parliament that erred to confirm these things when these things did not have what supreme court judges save for Mumba Malila who with the help of the cartel got the supreme court judge position. Good thing now is that Zambians are following and reading and why Mmembe has ran out tricks from that basket. Sikote, masebo, miles, silver, bob, fake pastor mumba, etc are history. Mmembe, mutombe etc are past and history

  2. I wouldn’t be surprised if the Con-court revises its decision on the issue, a number of the judges a literally clowns in a circus. These Ex Ministers even have the audacity to question the judges ruling because they know these judges are just clowns.

    • You are right , they are a disgrace to the Law profession , the country and the world. The judgement of the Concourt are supposed to be well thought and articulated because after their ruling ,there is NO recourse. But these unlearned judges are corrupt, ill qualified and spineless. They are actually dangerous to the well being of the country and in a decent democracy they should have been impeached

  3. we shall pay from our current position…..inflate some bills to cater for that……so in essence it doesn’t make sense really to ask them to pay when we know we wont see the money. Let them do a ZUMA way then we can see that they have paid

  4. Kambwili says it is unacceptable for people to continue suggesting that the former Ministers’ stay in office was illegal when they were rendering a service to the Zambian People.We never asked for any Sevice. So if you volunteered why should you demand payment?

  5. Kang-Court (KANGAROO COURT) is a JOKE to modern judiciary. They’ll change their minds & even order Govt to pay them bonuses. Kang-Court ni MATUVI yeka-yeka

  6. No one will repay any thing. Zambia under lungu is a lawless place if you are PF.

    Time for stealing is now bane.
    If you are working for GRZ just know all your bosses are stealing and breaking the law starting at the top with lungu……

    • Well said Spaka! I couldn’t have put it better than this myself. Lungu and PF = self-enrichment and corruption … Welcome to Zambia!

    • There must be a “nice” Bemba saying that goes: IT IS OUR TIME TO EAT. Maybe Chikunkubiti Chimbwili can offer something here.

  7. It’s open season for the P-Fools. They will do as they wish and only those who go against the grain will be soughted out. No one will pay back a coin. The issue is already dead in the water

    • Ba Kudos, epomuchili? Haven’t you been rewarded with a position yet? Run around my friend and demand your dues from Lungu and PF for working so hard to ensure the illegal election win and inauguration succeeds. You are one person who worked took and nail to ensure that your man Lungu wins. Surely there must be a very handsome reward for you? All those insults! eish! Time for self-enrichment and corruption is now, enjoy mune … this is your time!

    • The KanCourt is the ultimate manifestation of Lungu’s corruptness. The KanCourt is not a failure. It is a great success in the Zambian tradition of mediocrity, short-sightedness, greed and trib@lism. It is all wako-ni-wako and feeding your tummy today. There must be a “wise” Bemba saying for that!

  8. I am afraid the next 5 years will be about fixing ConCourt – pretending that things are being addressed.
    Come 2021, we will still be talking about the same issues.
    Therefore, there will be no chance to meet any of the items on the given To Do List.

  9. these plunderers were so quite now that their continued stay in government is guaranteed we have heard them bark,this is just the begining

  10. I feel for them, but on this one they need to bite the bullet and repay. Court case after court case questioning legalities which are starkly clear us unwise. And given the last set of illogical court cases by HH&Co. Why would PF want to act in the same way? Pay back promptly. Thus us NOT, Politician versus Politician; Politicians versus The People of Zambia. You need to set examples by obeying the law. You can’t twist things to suit yourselves. President Lungu at the time of making a decision, stated that a Legal challenge was welcome to test the case. The Test happened and it was ORDERED that refunds to the state be made. Any further challenges will put even the Petition back on the block. OBEY the constitution and OBEY the law even if you are unhappy with the outcome.

    • Why behave like the one you just castigated and won over? This display questions the mentality of public officers at the highest.

    • “…This display questions the mentality of public officers at the highest…”

      Mentality or morality?
      Mentality comes from institutionalized corruption and total disregard to the rule of law.
      As to morality, just ask yourself one question, is there any morality within Parasites Fraternity?

  11. Atleast people are now getting benefits and results of what they voted for. Ba Kambwili sue the concourt and don’t let them make you pay for your sweat. People had all the precious time and chance to vote you out, but guese what? they gave you another mandate, enjoy your stay and benefit from their supporting you not untill after 5 years. Welcome zambia to reality show.

  12. Great, the minister have every right to seek clarifications on the ruling.

    Those of you who heard the ruling you will agree, or may chose to ignore, the fact the in the ruling reference was made to the draft.

    Even myself who is not a lawyer can clearly see something wrong with that.

    Imagine you give a letter of offer for a job to a maid, with a salary of K900, and a 6-point job description.

    She then tells you that, for that amount, she can only sign the letter and take the job if point #6 is removed from the he letter of offer, while the rest of the conditions remain the same.

    You agree to her proposal, and change the offer letter to reflect on 5 points from 6 points on the initial offer letter.

    She then signs the letter, you too sign it and she starts work.

    When…

    • When monthend comes, she demands her K900 salary, you tell her she deserves only K750 because the initial letter had 6 responsibilities which entitled her for the K900.

      Definitely something has gone wrong with you. How do you refer to the initial letter which is not, in any way, binding to the contract?

      The initial letter was just a draft, and it cannot hold; what holds is the letter that was done after the discussion, which was attested to by your signatures.

      At that stage you cannot say, ‘no, let us view this matter in the spirit of the rejected letter’.

      You both agreed that for the K900 salary, the number if responsibilities be reduced from 6 to 5.

      Thus ministers have the right to seek review of the ruling.

    • Just imagine if you had functional brain?
      No chance of that.
      Born as imbec1le, live as imbec1le, you will die as imbec1le.
      Amen

    • Peace for Zambia you must be one of the ministers. Be honest with yourselves what assignments were you doing for the country that should warrant you to get paid? Kambwili changed camps from Lusaka to the copperbelt

    • @ 15.4 Kaluwa,

      I know that your are speaking the way you feel, and not the way the constitution puts it.

      You are talking like someone who suggests a game where when one loses they are slapped in the face, and when he loses he tells the opponent not to slap him because it will pain.

      But now the question is: when you were agreeing to the game you did know that slaps pain.

      The question comes back to you, and it is simple. When the crafters of the constitution put this clause of ministers staying in the office until new cabinet is sworn in, what did they think ministers would be doing?

      Being objective means stating the way things are, note what you think they should be, or how you feel.

      If you feel otherwise, you push for amendment of the constitution. As for now, that is…

    • If you feel otherwise, you push for amendment of the constitution. As for now, that is what it say – that ministers shall stay until the next cabinet is in place, and the ConCourt was not in order to cite the initial draft.

  13. Kambwili and others have the right to question the decision of this ConCourt. On June 20, the Constitutional Court refused to grant LAZ an interim injunction and allowed the ministers to continue in office. How can it turn around and order that the ministers were in office illegally? Sorry, that is how this Con-Court seem to be operating! Flip-Flop

    • This is the problem. Things are backfiring becuase concourt judges were focussed at embarrassing ECL. Cluase that Ministers should stay until new cabinet was sworn in means that ministers remaining serving with the president as executive. But they missed this one but were again quick to deny LAZ that injunction tht could have saved their face. This is why it now very clear that they are not qualified for this court as jugdes. They must all go. This Flip-Flop cannot be allowed to continue. In all fairness, they are supposed to review their earlier decision. Parliament is at faulty to have confirmed these things.

  14. Rubbish Rubbish Rubbish!!!If they welcomed the concourt’s so called judgement of the controversial 14 days why can’t they also accept this very decision of the concourt of their illegal stay in office? Is it because it negatively affects them? These are silly double standards. They should also go the High court and later Supreme court like what they had advised their UPND colleagues. What goes around comes around!!!

  15. #PAYBACKTHEMONEY….Even President Zuma has paid back in obedience to S.A. ConCourt ruling. You don’t have to agree with the ruling

  16. PF,PF.. please WAKE UP and REALISE THAT PEOPLE ARE TOO WAKE TO ALLOW YOU TO CONTINUOUSLY CONTRADICT YOURSELVES AND ABUSE PUBLIC INSTITUTIONS. You have been telling us over the PETITION that CONCOURT RULINGS ARE FINAL! So WHAT is this that YOU WANT TO DO NOW!?? JUST PAY, it many for 3 MONTHS and YET some of you HAVE JOBS for the coming 5 YEARS! WHAT FORM OF GREED IS THIS?The MORE you DELAY the MORE the CITIZENS WILL START DEMANDING INTEREST ON THEIR MONEY!

  17. THOSE WHO LIVE IN GLASS HOUSES SHOULDN’T THROW STONES ANYHOW. U WERE SO EAGER IN PUSHING THE POST TO PAY, SO PLEASE PAY

  18. Currently the constitution states that ministers will stay in the office until the next president is sworn in.

    This is what the people said was people driven. Now to hear someone ask now what the ministers were doing is asking too late and the wrong people. Where were you when people were asking for ideas.

    You must understand the tge constitution, including the draft in its raw form (for changes made by parliament were done) it still allowed for nomination of 10 MPs.

    Now here is the question (to you a d the drafters of the constitution), what would be the role of these 10 MPs, since the draft said ministers would be appointed from outside National Assembly?

    Would these 10 MPs just sit and do nothing, apart from debating in parliament, since they had no constituency?

    These…

    • These are the questions to answer in advance before something happens.

      Not waiting until someone steps on you, then you cry, forgetting that you have signed a contract that he will be stepping on your foot.

    • ‘Peace for Zambia’ I can congratulate you here for being so foolish and shortsighted. So to you PF does nothing wrong…to you ECL does nothing wrong…..to you Kambwili and other PF MP thieves do nothing wrong…..wow you are a genius mune….putting the lives of many young children in Zambia at risk due to your foolish politicking. Please the world knows that elections were not free and fair but like I have said many times….the west do not care very much about Africa especially when you have a duffed President like ECL who is busy embracing the tyranny Mugabe…..honestly. I am afraid to say that Zambia is a failed state….there is no Judiciary nor Legislative body…all the courts are biased and unqualified to run these important institutions.

  19. The Zambia we have created for ourselves with judicial inconsistences, inexperienced, very corrupt , and no shame pseudo judges everything is possible.

  20. I don’t know how you guys feel, but I still don’t understand how we have come to this (messed up) as a country. Think about about for a moment, we have to fight anything , any case, not matter how clear. This is utter ridiculous. Who can we trust to lead and serve this country. People don’t seem to understand that there is life beyond money. We can do so much better for this country with only a little mindset change on the way we look at life and money in particular.

  21. So these PF clowns MPs and ministers debated a new constitution, put a provision to not have ministers serve after dissolution of parliament and sent it to be signed by the president? Now the do not want to pay back as per the very Constitution the say go to the president. Hahahahaha, If HH was stopped by the constituion, then by the constitution they shall pay back our money. All of it.

  22. Pay back all our money. Your appeal is beyond even the 14 days the opposition had. It is Zambia’s money you were abusing, now pay the fiddler, we the people.

  23. @1.8 WHAT A FOOLISH EXAMPLE VERY DULL CHAP THATS WHY YOU NEVER GOT ADOPTED IN THE LAST ELECTION IN YOUR CONSTITUENCY , WE KNOW YOU DIDNT FINISH GRADE 12 MUNE ATASE

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