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We have not seen judgement ordering Ministers to pay back-Wina

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Vice President Inonge wina

Vice President Inonge Wina has disclosed that Government has not seen the judgement from the Constitutional Court ordering Ministers to pay back money they received during their illegal stay in office.

Mrs. Wina told Parliament this morning during the Vice President’s Question and Answer session that the Constitutional Court is yet to serve the judgement on the Attorney General.She said Government is still waiting to the Constitutional Court to serve the document on the Attorney General’s Chambers to decide the next course of action.

On the issue of whether government will pay the money on behalf of the affected individuals, Mrs. Wina said the judgement affects more than 60 former Ministries and their Deputies and that statements issued by one person affected by the judgement cannot represent the entire group.

She said government will not base its decision on one statement issued by one of the affected individuals.Mrs. Wina said once received, the judgement will be subjected to further consultations within the ranks of Ministries.

Last month, the Constitutional Court 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 court also 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.

37 COMMENTS

  1. Don’t ask them to pay back but just freeze their salaries and allowances for those still serving and mps. Those who are not like Dr ngosa should pay outrightly back.

    • This process has taken at least one year before Constitutional Court made the order for Ministers to pay back the money. and it has been ALMOST a month since that decision was made, and Government is still waiting to be served with the document by Constitutional Court. D.A.M.N!!!!
      So by the time madam, Inonge makes a final decision on who pays whether the Ministers or ECL or the Government that was sucked of the money, it would be 2 years from now.
      By the time the actual payment is made based on the 3 options of payback, it will be 2021.
      Sorry, but all our process in Zambia are just too slow, and this an issue as this creates room for corruption within the processes.

    • The Law is clear: ignorance is NOT an excuse to break the law. You can’t say “i didnt know that sleeping with a dog is a crime, so don’t arrest me”.

      The way Lungu refused to obey the constitution to step down during the petition hearing is the same way minister are ignoring paying back the money

      And that’s how Lungu shall ignore 3rd term clause in the constitution even if constitution rules that he’s NOT eligible.

      OUR CONSTITUTION IS UNDER THREAT FROM PF00Ls.

    • It’s NOT over yet. The Ministers as individuals or acting together can now go back with their Private Lawyers for a review.

      What the ConCourt dismissed is them being represented by the Attorney General, see except below:

      “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”

    • They are too arrogant to see it that way…maybe they should fly in the Colonial Master’s servant madame Scotland to explain to them the ramifications of their actions; mind you the Mining Giants, SMEs are watching closely!!

    • Iye respecting rule of law is not to act on newspaper stories. Ask the court to serve the govt with the judgement. That is what the old lady is asking for.

    • They say no one is above the law. Plainly it’s not true. Lungu has consistently demonstrated that he’s above the law.

  2. In the South African Parliament, the hit song was “Pay Back da Money!!”, now it is in the Zambian Parliament, and the Vice – President wants to consult the stakeholders who supposed to pay back the money. Let the chaps pay back the money with interest at prime.

  3. This woman sees nothing, ears nothing and knows nothing. Is this the fierst time she is expressing ignorance over a well know issue? Even her own dogs if she keeps any know this issue and have probably seen the judgement.

  4. Only in Zambia where people are docile can Politicians refuse to cough up taxpayer’s money the swindled them…imagine the IMF or World Bank reading such do you blame them for not lending.
    This old hen Bo Inonge has no shame at all do not be misled by her age …if there was political will to pay they would have paid out with or without court order or they have to do is pick the phone call secretary to the cabinet to invoice each and everyone of them. If I was a serving minister I would rather pay now than 7 years down the line when I am out of office.

    • I understand why these politicians are reluctant to pay if the docile people are saying “if they don’t pay back so what”, imagine?
      Well, let’s hope it will not take years before they re-pay. Concourt is really a disappointment, how many cases are they dealing with that it takes them so long to even issue judgment Document?

  5. Every thing that involves lungu is crooked, based on illigalities , accusations of stealing and just bending laws…….zambia is in a lot of trouble by the time this man leaves office…..

  6. Iwe’ ka nkhote, just pay back!!
    Why do you need to see a letter when you know you illegally acquired Cash you were obviously NOT entitled to.
    That’s the problem of having clueless visionless dementing pensioners in strategic positions, atase!!

    • These are wasted years my friend…imagine this happening in rich countries even the mere fact of this mentioned would scare politicians there to a point where they would cough up faster than ink hits the broadsheet!!

    • Imagine, they did not ask for any ordering document from ECL, when he told them to remain as ministers. Why is it a problem now to just pay instead of waiting for the document? Just playing delaying tactics.

  7. What a pack of jokers!! Playing dumb and taking the people of this country for granted. The arrogance of this administration is blinding. They have such disrespect for the electorate that voted them into office and take pride in stealing and abuse of the people. Its little wonder the police service is ranked amongst the worst in the world! But then its expected; you cant any better if the rot starts and is entertained from the highest office in the land! Indeed, does rot from the head! Its so distressing that the leadership can engage in institutional plunder of this kind when the hospitals lack medication and related materials. It is immoral!

  8. Am sure the attorney general has that order which he should avail to the affected ministers. For the serving ministers it’s much easier for them to pay back. If their salaries and allowances are frozen for 3 months they can still survive from parliamentary emoluments. Then for others who were not re-appointed modalities can always be found of paying back that money. Some of them have flourishing businesses. A courts order is a court order.it must be obeyed

  9. Jesus forgave those who took part in ending his physical life. He said Father, forgive them for they do not know what they are doing and. They were working for the masses and the money was a consequence of the works.

  10. I thought the Attorney General or someone from his office his office was there when the Con court delivered judgement on this matter as a result of which government should be well informed of the facts contained in that judgement . Just go and pick it up and start paying up .

  11. Ha, bana! The statement attributed to Jesus by who ever wrote that error filled story is the most ridiculous. Jesus had to be killed to fill his mission on earth. There was nothing for god to forgive. If anything god owed those men in uniform a word of thanks.

  12. it’s either she has not seen or heard,I remember some asking about why police could not allow upnd to ahead with their rally in kanyama,her response she has not heard that,now she has not seen this,before long she will not taste,feel ,i wonder why she draws herself away from reality,remember during youth day celebrations that upnd lady who was undressed right in front of her by pf cadres,she didnt see and hear that,up to date she has never as woman condenmed that act by those hooligans.

  13. We understand well the fact that the UPND have zero experience in governing.
    How hard is it for cadres to understand that a government is not a ka ntemba.
    Let the concourt serve the government with the judgement first.
    The Attorney General will then study it and advise government accordingly.

  14. Is there not a appeal against the decision, if that is the case the the attorney general is aware of the decision.
    Is not a decision of the court announced publicly.

  15. The court also 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……It means the judgement was served or not? If not, on what basis did the AG apply to revisit the ruling? I am lost..

  16. Permanent Secretary for Works and Supply why are you failing to transfer the corrupt Controller of govt transport in Choma who we hear is resisting transfer.Are you a beneficiary of the corruption as well ? What i saw in Livingstone pained me as a Zambian where this guy uses other people including the son of a certain chief in Monze to buy vehicles on his behalf.
    ACC and DEC should wake up and do their job unless they are also benefiting from the same officer who has accumulated alot of money dubiously.Higher authorities in Lusaka should do something.

  17. Well am not sure the VP is being entirely honest as we all know the AG ‘attempted’ to have the ruling revisited but that too was dismissed. However, the persons who took the matter to court ie LAZ should now seek the enforcement of the judgment otherwise we shall be at dead-end as always.

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