Arguing in an affidavit in which he has asked the court to reopen and review its judgment ordering ministers to repay salaries and allowances, he has charged that a person cannot be made to work without pay as it would be tantamount to slavery.
He has contended that the ministers should not be made to suffer injustice arising from an ambiguity in the law which left them vulnerable.
“It is in this regard that we maintain that to order that the former ministers pay back the salaries and allowances received after dissolution of Parliament is an injustice especially considering that they were directed to remain in office on the basis of ambiguous and obscure provisions,” he said.
He further submitted that the ConCourt’s order for the ministers to pay back salaries and allowances contradicted constitutional provisions and well-established principles which provided that no person should be required to perform forced labour.
“This Honourable Court acted in forgetfulness of the above constitutional and internationally recognised human right or principle of no work without pay,” he stated. This is in a matter in which the Court is on 3rd November expected to hear an appeal for the court to re-open the matter in which the ministers were ordered to pay back the salaries and allowances they received. “This Honourable Court having found that the relevant provisions (Articles 116(3) (e) and 117 (2) (d)) of the Constitution lead to an absurdity, it is an injustice to order the Respondents (ministers), who were directed to continue in office by the Republican President in reliance on such provisions, to repay the salaries and allowances they had worked for,” he submitted.
He stated that the ConCourt acknowledged that the relevant constitutional provisions were capable of more than one meaning, adding that it enjoined Parliament to address that ambiguity as the appointment of ministers from Parliament and their continued stay in office after Parliament was dissolved was obscure.
In the alternative, the Attorney General has submitted that the President exercised his executive authority and directed the ministers to remain in their respective offices, and that the President and the State have derived benefit from such services, adding that the President’s action amounted to a promise to pay for the services rendered notwithstanding the ConCourt’s Order that they were not entitled to continue holding office after Parliament was dissolved.
“There was an employment contract between the respondents and the President and or the State, and that the respondents having performed their part of the contract, it is imperative that they are duly paid for their services rendered,” he said.
The Attorney general has called upon the ConCourt to exercise its residual jurisdiction to reopen an appeal which it had already determined in order to avoid injustice on the part of the ministers.
They were just campaigning using the same money and resources!
The earlier to accept that Zambia is a failed the best!
The Con-Court found PF MP guilty and must pay back everything they illegally got. Moreover, it was also fraudulent and illegal for them to stand in the past elections. Again the amended constitution has continuously been breached blind Edgar’s Poor Failures-PF. Just tell Edgar to hand over power to the speaker, let the petition be heard fairly and transparently with the rule of law.
Imposed leadership is not democracy, but it is dictatorship under blind Edgar’s PF.
…failed State…..
Hey Likando Kalaluka-AG, the Con-Court failed miserably to interpret the 14 days of whether they were, working days alone and, or including weekends. The Con Court judges have embarrassed the country to the entire universe by their own selfish failures of respecting the fundamental principles to democracy, constitution.
AG-Likando Kalaluka, tell Edgar to hand over power to the speaker as required by law for which he-Edgar-personally signed the amended constitution, yet he’s very scared to face its consequences.
The world is watching, ask the legitimate DPP-Mutembo Nchito who is now adopted by ICC/ICJ for his professionalism and Chibamba Kanyama.
Irene Mambilima could have joined Nchito, alas she joined the illegal inauguration of PF’s rigging Edgar whilst…
…cheering for the court registrar instead of chief justice to do the legality.
A failed State is created when the rule of law-constitution – hardly exist and the enforcement of laws is usually via coercion or force. If the current government is illegitimate, controls a fractional minority, and the state’s failure to coactively deliver public services, worse off, unequally!
PF must respect the constitution,period.
Then the best person to pay this money is the President. He deliberately misinterpreted the law to derive benefit from the ministers despite being advised to the contrary by the same AG. The money should be deducted directly from the Presidents salary and benefits.
So the ConCourt is hearing the same matter on which they already passed a ruling. Can civil servants in those ministries tell us that these people worked because we all saw them campaigning. I think Zambian citizens should actually sue them so that they can pay back quickly. Very annoying country we live in. Likando himself should not even be AG anymore. He misled the whole country on the matter of the Presidency during the petition.
They accrued too much in bloated fake expenditure…hence the reason they dont want to pay back at the same time buying time so they can steal some more just in case.
let them payback. its stupidity
I knew that once the election was over, these obese ministers will try to not repay the money. The case is closed. The constitution says they should not have worked and the court agreed. Pay back the money, go to your uncle Lungu so he can pass the envelopes. Zambia is now going down the road of Zimbabwe and Mugabe is laughing at you all. Already investors are looking at the country and shaking their heads. And Lungu has already committed to 9 billion in debt. Ha, ha,
THE FORMER MINISTERS ARE NOT TO BLAME AND THEIR PAY WASN’T WRONG. THE NON-READING CULTURE BY ALL AND SUNDRY IN ZAMBIA. THE CONSTITUTION HAD A LOT OF AMBIGUITIES. BUT, EVEN THE LEGAL FRATERNITY DUE TO NON-READING CULTURE COULD NOT BE ABLE TO SPOT OUT THE AMBIGUITIES. IN FACT THE EDUCATED PEOPLE IN ZAMBIA ARE THE WORST IN THE CULTURE. AT THE SAME TIME, ENGLISH (THE OFFICIAL LANGUAGE) HAS GONE ROTTEN IN ZAMBIA. IF THE ENGLISH I READ IN LUSAKA TIMES DOT COM IS THE GENERAL STATE OF THINGS BY ALL THEN THE CONSTITUTION IS A TOTAL MESS. IN LT ALMOST EVERY PARAGRAPH HAS A GRAMATICAL ERROR AND OTHERS.
Zambia is a totally failed state. For Kalaluka to start this nonsense, he must have been assured by Lungu that the Kangaroo Court will reverse their previous judgement. After all, Annie Mwewa, Palan Mulonda and Mulenga Mungeni have previously connived to come up with a judgement against the full bench. I expect these buffoons to do the same now and shame themselves again by reversing the judgement. This is what you get when your failed state is run by a Party of Flip-floppers.
Here we go again!!
Lol how could the President exercise ‘a power’ he didn’t have kanshi? Second, what ambiguity existed in the constitution that was not cured by the Con. Cot? Namely, they stated ‘the spirit of the law was not to allow ministers appointed by virtue of being MP continue. Had the Ministers been drawn from outside parliament then the provision might have held” Lastly there lies no appeal in concot rulings. Please pay back the money! We are applying to enforce the ruling even if it means attaching your personal goods.
Oh my God… Cry my beloved country, Zambia…. What did Zambia do to deserve such evil leaders and an AG who is defending criminality? These criminals posing as former ministers worked illegally and the ConCourt ruled… How possible can one appeal a ConCourt judgement??? Lets wait and see…
So you can now choose which rights were trampled upon and yet a few days ago you did not care when others’ rights were trampled underfoot but were seen running up and down for your own benefits. Your time is also ticking.
We have a big legal challenge in Zambia. The ConCourt rulings are final and how come the AG is asking for this nonsense. The AG was supposed to advise the ministers to comply & not this nonsense from the govt adviser on legal matters. Is this the best brain we have for AG. There is a place for politics and there is a place professionalism. AG be professional and tell those guys 2 #PAYBACKTHEMONEY
Like can’t we as Zambians..ordinary citizens petition them to pay back quickly. They are really taking us for a ride!
Bunch of thieves. It seems half of Zambia are mugs. You are taken for granted because you are dull. While half of you who supposedly voted pf are starving and your daughters are selling themselves for basic needs these ministers are stealing left right centre. You are all Id!ots
Illegal is I legal you can’t justify it. A ruling was made the same court can’t change its ruling. What the AG should do is find the person who employed them to work illegally and demand that he pays them whilst they return the taxpayers money
Yes that makes some sense not demanding the illegal work is paid for
I am afraid you are wrong about this Kangaroo Court. It can change its fickle mind because these judges are PF puppets. Remember how the KanCourt’s full bench declared that the petition would proceed to judgement only for Anne Mwewa, Palan Mulonda and Mulenga Mungeni to issue a majority judgement on the following Monday that they did not have jurisdiction to continue with the petition? There was no party that questioned the KanCourt but they still went ahead and questioned themselves and reversed their own decision . These three monkeys will do the same again and reverse the KanCourt’s decision on illegal ministers. A precedent has been set from the petition.
ConCourt can reverse a decision. Just like they reversed the UPND 14 day rulling
AG is a devil incarnate!!! Today he’s appealing con court ruli ,yesterday he’s applauding con court ruling on HH’s petition. Cry my beloved country indeed! Bushe ninshi kanshi Ba President signed?? And Ba we’re watching how you are going to rule.
Correct ruling is to throw out this abuse of court process and compel those ‘ministers’ to pay back our hard earned money.
This is not even happening. Wake me up somebody.
Sorry. This is what a failed state looks like. It is like watching monkeys at play. Nothing makes sense.
When we told you lungu is a theif who is hiding behind the church, the PF vuvuzelas came down on us.
Lungus conviction for fraud is no coincidence. He will disregard all laws of the land to suit his greedy ends..by the time lungu is through with zambia the judicial system will be regarded as a joke by all zambians not to be taken seriously.
So If my contract is over I can still turn up for work and demand payment from my employer?. Doesn’t make sense
kangaroo courts. judgement are made the opposite.
Attorney General Likando Kalaluka, I totally agree with your argument. All International Labour conventions & Fair Labor Standards Acts of major countries in the world do outlaw work without pay as it is tantamount to slavery regardless of status of employee involved, illegal immigrant or not or legality of work involved or not. The ConCourt obviously missed the point here & especially that the problem arose because of ambiguity of law of which the Court was naturally expected to apply Contra Proferentem Rule i.e. court interpreting against the Zambian people who constructed the law. Moreover, GRZ which encouraged illegality shouldn’t have escaped penalty for employing illegal persons.
However, to avoid diluting the independence of Judiciary & opening flood gates for all other perceived wrong court verdicts, the court should not be asked to reopen and review its judgment ordering ministers to repay salaries and allowances. This should stand until the court repents on its own & revisit its former decisions. Since All International Labour conventions & Fair Labor Standards Acts of major countries in the world do allow any person to work either as an employee drawing a salary from employer or consultant invoicing the employer, the way forward is to allow former minister to present invoices to GRZ for work done as independent consultants.
To avoid over payment & underpayment demands by former Ministers, the invoices can be made to the face value of total of salaries & allowances drawn by each Minister to offset the liabilities being owed by Ministers. If former Ministers were to petition the ILO or ICC or ICJ as individual citizens they stand Hhigh chance of winning & this will bring embarrassment to the nation, because Fair Labor Standards Acts (FLSA) & all International Labour Conventions protect all workers even if they are working illegally either with expired contracts or as illegal immigrants or underage or whatever the reason. It is the employer to suffer consequences for employing undocumented workers but not the workers themselves.
what does this mean to this country of Zambia.Sure stupidtiy has taken its role in Zambia.The same goverment orderd that illegal ministers pay back but the AG who is suppose to protect the constituition of this country is behaving like a PF lawyer.
Why have allowed this nonsense to continue in this country.
If Bembas and Ngonis can accept this nonsense in the name of Edgar Lungu then the country has become a failed state.
Country men then you expect donars and people to invest in a country without law and order.
Bye Bye Zambia you sold your rights with tribalism and now you have to face reality.
Where on Earth the concourt has ruled but AG appeals.Law association of Zambia you have become a laughing stoke in this country.
Shame on you the Zambian judiciary
Only in Zambia, the land of idyots.
IT IS A SHAME. A DISGRACE TO HAVE AN A.G. LIKE THIS; WHERE ON EARTH DID ECL DIG HIM UP FROM. HOW DOES HE RIGHT A WRONG THAT IS IN THE CONSTITUTION? IF THIS IS PERMITTED THEN WE THE PEOPLE WILL RISE UP AND DEMAND THAT THE CONCOURT HEARS H.H. S CASE. HE CANNOT HAVE TWO LAWS FOR DIFFERENT PARTYS.
THIEVING MADE SIMPLE. DUNUNA REVERSE
This what the opposition should fighting for not fruitless selfish about rigged elections which will take them nowhere.
bt why appealing i thoght the con-court is last court of appeal then why THE AG appealing ,let all those ministers who benefited pliz pay back.Am a PF supporter bt on this one i think ECL and the group have lost it,let them jst pay period,no two ways about it
He has the audacity to appeal when he knows fully well that the ministers were campaigning and not working. A good example is Kambwili who camped on the copperbelt
It is very sad to see how far degraded our country’s governance and judicial systems are. When this decision was made by the Constitutional Court, ECL stated that he had complaints. How then does the AG decide to contest it and appeal? Are we dealing with wolves in sheep clothing here? It won’t surprise me if the court decides to reverse the verdict because we seem to have the same wolves wearing different coloured sheep clothing. When will these people realise the damage they are doing to our country? ECL ought to be aware that what goes around comes around. At some point someone will have to account and pay for it.
It is very sad to see how far degraded our country’s governance and judicial systems are. When this decision was made by the Constitutional Court, ECL stated that he had no complaints. How then does the AG decide to contest it and appeal? Are we dealing with wolves in sheep clothing here? It won’t surprise me if the constitutional court decides to reverse the verdict because we seem to have the same wolves wearing different coloured sheep clothing there. When will these people realise the damage they are doing to our country? ECL ought to be aware that what goes around, comes around. At some point someone will have to account and pay for it.
This is the job the 58 UPND MPs should have sat down on when parliament was being opened. How are they not smart enough to fight the battles that Zambians want them to fight. Zambian politicians lack tact.
They need to pay back every ngwee. Hahahahaha how did they not know that the very same constitution the sent to the president would be their undoing. They were spending our money with impunity.
In what capacity is the AG representing these individual Ministers?Is this the role of the AG? Instead of protecting and upholding the rights of the Concourt Petetioners the AG was actually blocking and violating the rights of Petetioners on behalf of Lungu. Now the AG is seeking to protect these thieving Ministers again on behalf of Lungu. Likando Kalaluka is acting like a personal legal adviser to Lungu and these illegal Ministers. The decision of Concourt is supposed to be final but the Executive Arm of govt is interfering to overturn the decision of Concourt. The AG office is now a superior Court to Supreme Court and Concourt. The AG in the Concourt Petetion case acted as adviser to Lungu and not govt by the people for the people. This AG is a political animal and is killing the…
now i understand why these guys hh and gbm are calling themselves freedom fighters fighting to liberate this country from these thieves and plandurs if anything kalaluka is telling lungu to pay back this money cos he is the one who was misdirected everything . oh he was drunk
99 percent of the above bloggers have never read the current Zambian constitution and understand it hence the silly contributions. If you come from a failed home or family that does not mean Zambia is a failed state.
Is this not the same dog that told Lungu that the ministers were illegally in the office? What has changed now? Which part of the word illegal does this dog not understand? Anyway, Zambia has really gone to bull dogs.