Saturday, June 15, 2024

It is illegal for Lusaka Mayor Miles Sampa to appoint a Councillor as Acting Mayor-Malupenga

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Ministry of Local Government and Housing Permanent Secretary Amos Malupenga
Ministry of Local Government and Housing Permanent Secretary Amos Malupenga

Ministry of Local Government Permanent Secretary Amos Malupenga says it is unlawful for Lusaka Mayor Miles Sampa to appoint a Councillor as Acting Mayor.

Mr. Malupenga who addressed the media in the presence of Attorney General Likando Kalaluka clarified that a mayor has no powers to appoint a Councillor as Acting Mayor in his absence.

He said the decision to appoint an Acting Mayor is ultra-vires Section 20 of the Local Government Act, Chapter 281 of the Laws of Zambia.

Below is the statement:

The decision to appoint an acting Mayor is ultra-vires Section 20 of the Local Government Act, Chapter 281 of the Laws of Zambia. When the Mayor is absent from the Zambia, the law is very instructive, when it reads:

Section 20 [Discharge of functions of mayor or chairman during vacancy or absence]

”Whenever the office of mayor or chairman of a council is vacant or the mayor or chairman is absent or is for any other cause prevented from or incapable of discharging the functions of his office-

(a) the deputy or vice-chairman of the council; or
(b) if the office of deputy mayor or vice-chairman is vacant or the deputy mayor or vice-chairman is absent or is for any other cause prevented from or incapable of discharging the functions of his office, a councillor elected by the council;

shall discharge the functions of the office of the mayor or chairman of the council.”

The Deputy Mayor is in the country and her office is not vacant. There is no justification for the Mayor appointing another person.

Secondly, assuming the Deputy Mayor was incapable of performing the functions of the Mayor, there is no provision in the law allowing the mayor to appoint any councilor as acting mayor.

The law provides that the Council shall elect the councilor to act as Mayor where both the Mayor and Deputy Mayor are not available.

55 COMMENTS

    • @Nostradamus
      What’s wrong with umwaiche obe miles, the boy is losing his mind, I hear he didn’t make time to visit you uko ku USA, ,,,, he was just drinking na ba kapaso,,,,,,

    • It makes me sick to the stomach to think that Miles Sampa could have been Zambia’s PF00Lish President.

      This PF experiment is a total failure.

    • @Ndobo, I will meet Miles pa Friday. He wants me buy him timberland boots, 5 pairs, maybe presents to his friends at PF Secretariat.

    • Do we really need politicians in Zambia to have a grade 12 certificate? Quite frankly the job the Man is doing can be done by anyone who can read and write. Some of these jobs should be part-time or should be done by students or pupils on work experience. Some of these guys who opt to go into political offices like these should just go and look for better jobs to contribute more to the Zambian society. The man [probably has a lot of degrees and titles and just filing in numbers in a book, data entry!

    • Really laughable …yet the boy appointed an advisory team of 25 people he couldn’t even consult…anyway you get what you vote for especially those who didn’t!!

    • Where is BR JUNIOR so he can go and talk to his fellow banker friend Sampa there in the US…what a bunch clowns..more wasted time again 5 years with some useless tin in public office
      When are we going to wake up I warned you about Sampa, you never listened…

    • We are cursed in Zambia because the stupidity of leadership and childishness is unheard of. People in these Public offices are so dull. Anyways, we cannot blame Miles but the Fools who voted for him.

  1. The moments I saw that letter doing the rounds on social media I knew something untold would come out of it. Even for me as a layman, my first thought was ‘where is the deputy mayor for an ordinary councillor to be appointed to act’? What is wrong with Sampa? He just can’t stay out of the limelight for all the wrong reasons!!

  2. Of late Sampa’s actions point to some mental issues. First there was a sleeping mayor, now this!! Ba Lusaka where do you get these clowns?

  3. This is really embarrassing. Honestly why is Miles Sampa embarrassing the President like this, after he was supported. An Educated guy like him surely he has not read the local Government Act??. God help this country. What sanctions can be applied on this stupid Mayor in such a situation.

    • The President did not appoint him, look at the PF’s secretary General, in fact even The UPND secretary general. All useless characters. Then the people of Lusaka voted for Miles. The whole mayoral field was useless to a degree kikikiki.

    • We need to develop a reading culture in zed.. not only for exams but also for broadening horizons..
      How should law abiding citizens behave or act following such occurances??

  4. Kilometres sampa do you not know your functions as a mayor? It is not only about not paying your bills in restaurants or putting up billboards in other constituencies. Sometimes you should also allow your deputy to act in order for her to enjoy such privileges. Not just picking your friend to act on your behalf.

  5. Too much bu dander head , well he just followed what the other dude did the same the other day when he sneaked out of the country and left the defense minister in charge when the deputy was around, so why blame this moron and not the other moron, apple doent fall far from the tree, that`s the case here

  6. So what REALLY WENT WRONG IN SAMPA’S MIND TO MAKE SUCH DECISIONS OF POINTING A PERSON WRONGLY..? Sampa will never change Or learn.

  7. What is the problem with this man, in October, he even delayed the departure of Ethiopian airline. He came late walking majestically with a 9 year old boy. They had to restrain me when I wanted to confront him, with me, he would have been in trouble. In UK we have no time to kneel down before a fellow human being.

  8. PF are full of law breakers and people who just don’t follow protocol….

    Look…a convict lawyer fraudster as president…

    A katondo street thug as home affairs minister

    A stone throwing thug as Lusaka minister

    Another convict as foringe affaries and most of the rest of them have fake academic papers, even after being caught

  9. Blunder after blunder. These are the results of people voting for the party and not the person. Voting on part lines is just as evil as voting on tribal lines. its the same Junta in different bottles

  10. We begin to doubt Sampa as leader. He has been making mistake after mistake even on simple things. When you are in leadership and when you make decisions, the first thing to ask before you make any decision is what does the law say. He is behaving as if he has not been to school. This is the guy who had held senior positions in the private sector. Let him go back there. Politics is not for him. “Ati moyo ubumba biyo”. You cannot follow “Moyo ubumba”

    • You are only beginning to doubt him now only? He has been making mistakes even from the time he was a Minister under Michael Sata. He has grown from bad to worse!

    • Why do you think Sata never appointed him as a full cabinet minister but as a deputy…Old man Sata was wise now this lazy thing adopted him a Mayor!!

  11. Sampa is so childish, the council has professionals who could have advised him on how to handle his leave, he knew that what he was doing was wrong but the main aim was to announce to the country that he was leaving for London, what he wanted was for his appointment to backfire so that through his memo, people know that he was going to London. and that Guy was supposed to be a presidential candidate in Zambia at one time.

    • I wonder what his 25 advisers are doing ….am sure if you follow him to the US there is scandal there just the names on his entourage!!

  12. Not surprised at all. What do you expect in a regime where more wrongs have been committed in such a short period of time than in the 27 year reign of KK? It is a government of wrong deeds, left, right and centre. Wrongs that are committed in broad daylight.

  13. He will soon be President. That is how it starts pa Zed. Do as many pathetic things as you possibly can until it becomes pitiable enough to garner the gullible vote! Yea I said it!

  14. Reading culture is eroded in our nation. If the whole of mayor is not conversant with Local Government Act, what of a common man? Readers make leaders. Leaders should read and be versed with current affairs. You cannot make a good leader if you cannot assimilate daily issues of life. Most the leaders we have, are very good at speaking English but when it comes to reading, they are very poor.
    It is a pity that most of students cannot read books like the students of yesteryears. A lot of ideas are expressed and hidden in writing. No wonder the country is producing graduates who are very good at talking English but are unable to write the very language they speak. It is a shame that students cannot even write an application of employment despite having better results at G12.

  15. He has breached the Local Government Act, what are the consequences for the breach? Revert to the Deputy Mayor?
    Something fishy within the PF party councillors. Under the PF regime, they do not talk about their erring members in public like this. When you see a PF official like Miles Sampa being admonished like this in public, just know that there is something fishy. First it was Bowan Lusambo now a civil servant Malupenga. Kayaa.

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