The Law Association of Zambia (LAZ) has said that the new constitution allows President Lungu to appoint up 30 cabinet Ministers.
In a statement released to the media and signed by LAZ President Linda Kasonde, LAZ said that the Provincial Ministers are not members of the cabinet.
LAZ also said that the appointment of Felix Mutati and others who had stood in the 2011 elections was legal.
Below is the full statement
Thank you LAZ for helping Chagwa who always misinterprets our constitution which seems to be the most complicated constitution on planet earth. One wonders why Chagwa gets confused every time with this constitution when he is the one who signed it at Disaster or Heroes stadium. Could it be that he signed it under duress or under the influence of Alcohol?
I actually saw a strictly confidential list of 50 Cabinet ministers to be appointed by chagwa… now that LAZ through Iron Lady Linda Kasonde has said it’s 30, Chagwa will have another headache of reducing the 50 to 30 or else he will challenge this interpretation through his newly found lawyer Frank Bwalya
Taking nothing away from her, but I feel this job is too big for her
The trouble with Zambians is they somewhat value education than experience.
Experience over education, anytime for you to succeed people
This lady is a lemon from her indecisiveness during the constitutional courts and her last letter which
Said a lot more about her than its contents, I conclude that, the job she occupies is to big for her
The food you eat, the clothes you wear, the car you drive and money you have, does not define you as a person.
It is what comes out of you!
Thanks
BB2014
The constitution was signed under the influence of alcohol…
The Lady has spoken. Get with the program.
Could you please give ECL some more constitutional lessons? So far, it’s evident that he has no clue what the constitution says, even though he signed it. Have him take an exam at the end to make sure he has mastered it.
I currently do not know what the constitution says about the president’s powers to capriciously create new ministries, whenever he feels like. And this with reference to what happened with Lungu’s creation of the Ministry of Religion. Something is wrong with that process. Any new ministry that a president wants to create should ultimately be approved by parliament. And the candidate that a president appoints for the post should also face scrutiny by a parliament committee, to make sure they’re qualified. This would prevent a president from creating new ministries just to appease his friends. A president shouldn’t be given too much power to arbitrarily create new ministries whenever he feels like. We don’t need a king in Zambia. We need a democratically elected president, who…
(Continued)… remains accountable to the people, and has limited powers. Since the new ministries he creates will still need to be funded by public funds, parliament (representing the people’s wishes) should decide whether it’s necessary or not. We don’t need a bloated government that does nothing but just consume taxpayers money. What’s needed is a smaller government that’s effective. Zambia is a poor country and the meager resources that we have should be used wisely.
at-list this lady as spoken sense now, because the way i know her she was supposed to say E. Lungu is not supposed to appoint ministers unless HH.
EDGAR LUNGU IS SMART
The guy is so smart at law and understood very well what he was signing contrary to what you are suggesting. Edgar triggered the debate on the 30 Ministers and 10 Provincial deliberately to get others involved and clear the air. It is the likes of Kasonde who do not want to free provide counsel but wait for mistakes and run to courts.
I still feel that 40 Ministers is too heavy for our treasury.
30 cabinet ministers is still too big a number. In the near past, LAZ’s opinion has been overruled by the courts. The constitution just says ministers and not cabinet ministers
Mukazinkalako naulemo, unamugulila mowa?
Young lady, please go and tell HH and GBM before they run to the constitution court with 10 lawyers.
LINDA KASONDE MY POOR GIRL. YOU TOO ARE GETTING POLLUTED. YOU HAVE STARTED LICKING SMOOTH CRIMINAL LUNGU’S BOOTS. YOU ARE TWISTING THE LAW INORDER TO PLEASE AND SATISFY CHAKOLWA’S CORRUPT AMBITIONS TO BLOAT CABINET AND SIPHON OUR MONEY AND SUFFOCATE OUR ECONOMY. A THIEF WILL ALWAYS BE A THIEF AND DIE A THIEF, LIKE THAT THIEF ON THE CROSS.
@ 1.1 Dombwa,
That rumour mongering normally misleads only the opposition UPND.
Your approach to matters is what gave birth to the UPND election petition.
After logging their petition they discovered it had been based on false rumours.
Thus, trying hard to created falsified evidence, the failure of which lead to their shying away from their own petition.
So if you want you can tell them that ICC is waiting for their petition appeal, you will see how they will to run try and submit.
On reaching there, only to be told ICC already has a case involving HH and GBM in which they are the respondent.
WHERE MR SAMBO AND THE TEAM
So there will be 60 ministers.
30 ministries? Already our friends have the ministry of religious stuff.
Can we also have ministry of Political parties?
And ministry of soccer. Kalusha deserves 1 out of those free 30 jobs.
@ Nostradamus
Kekekkekeekekekekekek! It’s difficult to understand this new constitution, at least madam kasonde is now intepreting it for our Friend
The real question is not CAN he, but SHOULD he? And how much public expenditure can a broke Zambia afford?
Is he up to this, or will he continue BANKRUPTING the Nation to pay off his election debts?
Lets update our CVs bane! Jobs bonanza!
This is a good clarification. Keep it up Linda!
I just hope the President won’t appoint 30 Cabinet ministers in addition to the Provincial ministers. We are in difficult financial times. We need to save the little resources we have. 20 cabinet posts are sufficient. This is not the time to appease party stalwarts.
spot on.we just need 20 cabinet ministers and 10 provincial ministers
Lawyers !!! They speak in riddles. Instead of just mentioning the number per category and then sum total like 30+10= total 40, they leave things hanging, so that they can start arguing. What kind of a proffession is this Kanshi mwebantu?. Tell us the total for both groups when added up please. Not pursuant to, this and that, section what, provision so and so. This proffession should just be discarded. It’s just a catel stealing poor peoples money.
You can not add up two different things. She has alluded to the fact that these two perform different roles, one or the province and another for Cabinet, with two different names. Its total 30 No Cabinet and total Provincial 10 No. NOT Forty, lol!!!!
Deal with Mushipe iwe LAZ.
Now, ministers are members of cabinet under Articles 113 and 266 of the constitution. Provincial and deputy ministers are nevertheless clearly not covered for under any Article of the constitution and it’s clear that Chagwa’s habit of allowing them to attend cabinet was illegal.
“LAZ IS OF THEW OPINION…..” WHAT DOES THAT MEAN? OR WHAT ARE THE THINGS THAT REMAIN HANGING. SO LAZ IS JUST GIVING AN OPINION WHICH CAN BE WRONG.
LAZ has given an opinion because it is not the court of law which can conclude the matter.
Even 30 is still a huge number considering our limping economy. We also have new political jobs created in councils. Mayors and council chairpersons are on payroll..! Plz our president, don’t disappoint us by creating more jobs to politicians in these hard times.
Ba LAZ Why does it take a bulldozer for you to provide an interpretation on most important legal matters? On this one you have moved at lightening speed so that some of your members can quickly be appointed into ministerial positions!
Oh boy,here we go again.All this parallel legal advice that the president is getting is an indictment on the Attorney general and Solicitor General.They have completely failed to advise one Chagwa.
LAZ you need to come out clear and show your position why “LAZ is of a view” you have left it to the public to have their views as well. You are jumping like Kangaroo You should have just said 30 ministers and 10 provincial ministers. You have not done the job here regarding ministers.
LAZ is very conclusive. Up to 30 Ministers. It’s up to ECL to appoint any number below or equal to 30. He can continue creating Ministries slowly throughout his 5 year term if he so wishes, provided he remains within the 30 limit.
In any case this was ECL’s view point before he left for UNGA….
Efficence and good service delivery to people can not be substituted in the name of saving money.Thirty cabinent ministers and ten provincail ministers is okay,what fails us as a nation is how we put these people in the ministries.There’s too much nepotism,familytree and appeasements at the expense of national development.
@14 meant to write provincial
Interpretation of laws can also be difficulty?
Are there 30 ministries? The answer is No. Upto 30 does not mean you have to go to the maximum. Unless the rest will be Ministers without portfolio but what value will they add. I doubt IMF will allow such extravagance of 30 prados and satellite phones. Thanks
I listened to his excellency ECL, when he brought up this issue. and this was exactly what he said was his understanding. But due to the issue of ministers remaining in office after parliament was dissolved he was trying to be careful about it cause his understanding on that matter differed with the understanding of the ConCourt. But in my own view he shouldn’t appoint so many cabinet ministers, there is no need for that!! let him just appoint the same number as before plus his new religious ministry which I don’t agree with though I support the man in his other efforts to make Zambia a better place for all. So just because the constitution says 30 he should not appoint 30 just to appease some retards out there!!!!
There is a reason why formulators of the constitution came up with 30 ministers and we should not call for the reduction for the sake of cost saving. Cost saving if done for wrong reasons can be costly. The football team has a total of 11 players for a reason. If the team manager decide to reduce his team to 8 because he want to save on winning bonus can result in that team not winning at all. People need first to understand why we have line ministries not just Yep Yep.
Are you hoping to get a job?
It is UP TO 30, but is it necessary to have 30 ministers,plus their deputies under such circumstances? Actually ECL said he was not sure whether to appoint 30 or 40. NOT sure. May be this input from LAZ will help.
Which deputies naiwe @Lukwesa..!?
Iwe @lukwesa there are no deputy ministers under the new constitution. I think there will be more appointments in other areas to cover this shortfall…
Iwe the constitution does not allow for deputies why cant you take time and read the constitution.
Ba Upnd na Mushota fyonse ni criticism? We’re humans and must depend on one another.
It really boggled my mind to read the comments but I can’t refrain from doing that. The majority of bloggers show ignorance in many areas, our President has Legal advisers who works at state house hence in his remarks he said he will seek advise from them. Being a president doesn’t make him a “know it all person”, even us who are Engineers do consultative meetings with out colleagues and we normally have our work counter checked, any example which you all see and watch is the issue of road constructions by surveyors, the one who win those tenders are checked by consultants (surveyors) with the same qualifications. all this is done to avoid making grave mistakes.
Moreover, our President handles diversified issues some of which is not part of qualification. Hence the need for…
I beg to differ with LAZ or Kasonde. The threesome ministers are illegal. here is the meaning of precede. in plain language something coming before. what elections came before August 11. That’s why HH was mislead. Are these the lawyers to depend on.
precede
pr??si?d/
verb
gerund or present participle: preceding
come before (something) in time.
“a gun battle had preceded the explosions”
synonyms: go/come before, go in advance of, lead up to, lead to, pave the way for, prepare the way for, set the scene for, herald, introduce, usher in, antecede, predate, antedate; More
archaicforego, prevene
“a clever advertising campaign preceded the film”
antonyms: follow, succeed
come before in order or position.
“take time to read the…
Ba @yaks, the interpretation is ‘the last election (or subsequent by-election) preceding the NOMINATION’ and not whatever you are blubbering about (August 11).
That’s the problem with READING the dictionary but failing to understand the gist of the articles in the Constitution.
Yucks!!!
In fact using one of your own examples, ” a general election had preceded the NOMINATION”.
Double yuck!!!
kasonde what what is your interpretation of the con court ruling
Crazy lazy LAZ, always up to no good. Failed lawyers full of air in the heads
Let’s hope Martha Mushipe will not interpret it differently and then start arguing! Kukosa!
Surely this is not people’s constitution…people wanted a small cabinet hence the reason they got rid of deputy ministers now 30 full cabinet minister is just worse off!!
LAZ THANK YOU. KAMBWILI IS BEEN LEFT AND NOW THAT LUNGU HAS CREATED ONE MINISTRY MEANING SOME MINISTRIES HAVE TO BE DESTROYED LIKE MINISTRY OF INFORMATION TIMES OF ZAMBIA AND ZNBC.
BA LUNGU HAS NEVER WON ANY CASE IN COURT BUT HE IS A FULL LAWYER WHO CORRUPTS AND BREAKS THE LAW.
LAZ’s opinion does not matter. What matters is Concourt’s interpretation which will be reserved indefinitely to allow Lungu to appoint as many Cabinet Ministers as possible. What does the unreliable AG say about this? After bungling the Petetion Hearing is Concourt still at work? Who can have confidence in the corrupt Concourt judges?
The question that must be posed here must be as to the lowest/optimal number of Ministers practically possible. The concett of having a govt is not to maintain and renumerate ministers! Government service is a voluntary service. The perfect situation is where all national fiscal resources go to sustain common weal [common good], rather than to pay political officers. So, a good head of state must strive to deliver facilities to population at the barest minimum of wages to the volunters in government!
In short, what need is barest minimum number of ministers – a lean Cabinet.
Education is attained while experience is gained. Education comes before experience.
Samuel Chavula earmarked for Ministry of Information!
Why get waked up about the opinions that LAZ makes? Only the court of laws can make legal interpretation of the constitution. So, chill, and what for the legal organisations to interpret the law, not LAZ.
LAZ should STOP encouraging LUNGU to have a bloated cabinet which will create govt overexpenditure. Even though he can, it doesnt mean he should.
LAZ is just interpreting the law as it should be. They are NOT saying the President must appoint 30 cabinet ministers. They are saying it is WITHIN the law for the President to appoint 30 cabinet Ministers
The law says he can appoint up to 30 Ministers as well 10 Provincial Minsters. However this is just a provision, he does not necessarily have to appoint 30. The constitution put it like that so that in future if there is need for him to appoint Ministers this provision is there. In my opinion 30 Ministers is too much considering the problems we have in the country. Right now if you go to UTH, you will find that there is no water in the wards. The Toilets there last saw any cleaning during MMD days. Patients answer the call of nature on the floor. It is pathetic and Lungu wants to appoint 30 Ministers? Let Mutati go to UTH to see what I am talking about. The smell will get to him just when he lands at any door in the wards. C’mon lets be serious, man!
1.2 Mushota, You are right. The Job is too big for her. It seems this lady can make a descission of her own. She like “ukwa lola umwela eko ba lola”. She doesn’t know when to say yes or she would say yes when she means no. Let her hold the position it is gender balance, or gender nonsense.
We have never had 30 ministries before in Zambia. Common sense and economics.
What does “last preceding election” mean? Precisely preceding what?
30 cabinet positions!!!In other words there are supposed to be 30 Ministries!!Zambia napapata why are we so careless with our resources??It was going to be better to have 15 cabinet positions and 15 Deputy Minsters. The United States is the richest country on Earth but with only 8 Cabinet positions.
Hi
Article 116 & 117 does not specify the number of Ministers no provincial ministers, what is the hell is she talking about.
This lady does not know how to read the constitution.
Regards
HH will not recognize the ministers!!!!!!!!!!!!!!!!!!!!!!GBM will recognize the ministers nkani yalulla!!!