The Law Association of Zambia says it is deeply perturbed by reports in the media indicating that Minister of Justice, Given Lubinda has stated that he will not comply with the judgment of the Constitutional Court in the case of LAZ vs Ngosa Simbyakula and 53 others, which ordered the former Ministers who had illegally stayed in cabinet after the dissolution of parliament to pay back what they earned during their illegal stay in office.
LAZ says failure to pay would be a violation of the law and has asserted that the unfortunate statements attributed to the Honourable Minister of Justice, if true, are a serious assault on the rule of law and constitutionalism in Zambia and are a recipe for anarchy.
In a statement, the LAZ Council said the rule of law demands that any decision of a court of law must be obeyed by all parties affected by it unless there is a stay of execution of the decision or unless the decision is overturned by an appellate court.
LAZ says it is seriously concerned that such statements are being attributed to the Minister of Justice, who should be in the forefront to champion the rule of law and respect for decisions of Zambia’s legitimately constituted courts.
It said if the statements attributed to the Minister are true, he must resign from his position as Minister of Justice because continuing in office with his stance on the matter would be utterly inappropriate and a perpetual blight on the rule of law in our country.
LAZ has also called on the President to dismiss any serving Minister or government official who is subject of the said judgment of the Constitutional Court and who refuses to pay back because not doing so would be a mockery on the Government’s stated commitment to the rule of law.
The Association has further called on the Attorney General, the Secretary to the Cabinet and the Secretary to the Treasury to ensure that the money that the Ministers were paid is recovered without further delay as the funds belong to the public.
In the meantime, LAZ says it will continue engaging its lawyers in the matter to pursue all lawful avenues to ensure that the judgment of the Constitutional Court is enforced.
But Justice Minister Given Lubinda in a statement reiterated that it would be premature to refund any money to the treasury before the matter involving LAZ and Ngosa Simbyakula and 63 others is concluded.
Mr Lubinda says following the dismissal of the application by the 64 by the Constitutional Court because the lawyer for the respondents omitted to apply for leave to the court for review of the judgement, there is a possibility of the respondents renewing their application.
The Kabwata law maker said the right of the 64 respondents to be heard is enshrined in the constitution.
Mr Lubinda said the 64 respondents will abide by the final decision of the Court after exercising their right to be heard and that as a Minister of Justice it is his constitutional responsibility to uphold the law and defend the constitution.
Lubinda is right because he did not decide to be in office but ECL decided…… Let ECL pay!!!!!!!!!!!!!!!!!!!!!!!!!!
Using that logic, you didn’t decide to be born, so you are not responsible for your foolish comment
Ignorance of the Law cannot be accepted as excuse to commit offence. If anything, in this particular case, it brings into “play” criminal offence of “conspiracy” to obtain illegal financial benefits to conspirators.
Imwe’ ba Musa, that type of shallow Cadre reasoning is what is turning Zambia into a Corrupt failing & lawless pit l@trine.
If ba Jona Lungu asks his Ministers to put their legs in a bonfire, or jump off the top of Findeco House, would his Ministers including that Bombwe Lubinda do it???
Do NOT defend wrongdoing because your brother or Cousin benefitted from such nonsense.
Anyway unless these chaps pass away, THEY WILL ONE DAY PAY BACK, once the shameless thieving P.F is no more!
Musa using your own logic, you also didn’t decide to be born, that explains your foolish comment
LT why are you deleting my comment, I haven’t used any vulgar language like some people usually do on this forum???
Musa you also did not decide to be born, but that does not excuse your dull analysis
@Keleni Zambolina afwenkule’ Mwibala monga Zodwa
That analogy or example you made is completely different and does not make sense at all. There are a lot of bad things and poor decisions the president and his ministers have made, and staying in power after dissolution of parliament is just one of the many bad ones.
LAZ should be disbanded it has not served the interest of Government as an impartial helper but as an open adversary. Let it not be constitutionally set up but be a registered CSO with the registrar of societies just like any other body so it can be free to pursue its politics.
True!
Mr lungu never gave the speak power!!! Everything happing in Zed is illegal…..
When is Mr lungu going to be on hardtalk or CNN?? The interview will be at the airport..
Iwe :lubinda pay back the money ala.
Laz cannot regulate some one who is not a qualified lawyer. So this is just their unenforceable view. Although one does not need specific qualifications to be a minister, this clearly shows why certain ministeries need to have people qualified in the ministerial area managing them. Sad state of affairs. However, we will see how the law enforcement agencies handle this because no one is above the law.
Banana Republic
This man’s actions boarders on contempt of court . We have seen Bishop Mambo sentenced by the Supreme court for uttering such comments . Lubinda is no polished gem to say what he wants and therefore should not be just be ignored if the justice system is to be respected in all it’s future judgement .
But LAZ, just demand the resignation of all the culprits or jailing them on contempt. Why haven’t they paid back all this time since 2016? How can a matter which was decided in 2016 be appealed three years later? Where were they all this time? Next they will demanding that the President testifies as their witness, when they know that he cannot be sued. PAY UP YOU GOOD FOR NOTHING chakuti chakuti.
Pay back the money – pay back the money – pay back the money!!!!!
Yes today you are refusing but soonest you will be made/ forced to pay back. Mulandu siuwola – cases never rot. Just wait. Pay when you are still able to steal and pay. Otherwise paying back when you are no longer in power is the worst experience!!!
Disaster!!!
Hit the nail on the head Rudemonk.
These P.F goons are SO dull, they fail to realise it’s easier to settle now than when you are not in a position to Plunder anymore more.