The Constitutional Court has maintained that the 64 ministers who stayed on in office after the dissolution of Parliament in 2016 must pay back the money they received during the period they illegally occupied their positions.
The ruling was made on Friday after the court dismissed Attorney General Likando Kalaluka’s application in which he wanted the court to revisit it’s ruling that the former PF ministers must pay back the money they obtained during the time they were found to have occupied their offices illegally.
But the ministers, through Attorney General Kalaluka, applied to re-open and review the judgment, and vacate the portion where it directed that they refund the emoluments they got.
A panel of five Constitutional Court Judges made the ruling which was delivered by Judge Margaret Munalula and dismissed Kalaluka’s application saying it was against public interest that he was seeking to represent the ministers.
The court said the status had changed after it was found that the ministers occupied their offices illegally and therefore, Kalaluka could not represent them as it was now a private matter.
In this matter, the Law Association of Zambia and the opposition UPND sued former Justice Minister Ngosa Simbyakula and 63 others for illegally serving in the government after Parliament was dissolved.
The Constitutional Court on August 8th 2016 declared that Ministers occupied their positions illegally after Parliament was dissolved and ordered them to pay back the money and vacate their positions immediately.
And political activist Macdonald Chipenzi has described the ruling as exciting.
He said it is also exciting that the judgement has observed that Attorney General had no right to represent private persons in a case of this nature.
“What should we do to this Attorney General who does not know his job description?”
Mr Chipenzi added, “So Sirs, Kampyongo, Greyford Monde, Richwell Siamunene. i forgot others Cde Given Lubinda, Prof Luo, Jean Kapata, Cde Chishimba Kambwili, Harry Kalaba, please, we need our money back, please, please!”
He said the Chingola, Siavonga township roads are in dilapidated state including the Tbz-Kaoma road, katunda-Lukulu road, Kafue-Mazakuka road are all yearning for rehabilitation adding that this money can go a long way to address their current state.
“Whether broke or not, we want our money back please. brokenness is secondary in this matter,” he said.