Tuesday, July 23, 2024

State asks the Constitutional Court to assess the amount of money former Ministers Owe

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The State has asked the Constitutional Court to assess the amount of money that Ministers who stayed in office after Parliament was dissolved in 2016 are supposed to pay back.

Principal State Advocate, Francis Mwale says the state wants to effect the Judgment as guided by the Court.

Mr. Mwale says the court registrar should, therefore, assess the amounts that are supposed to be paid and would like the court to attend to its request.

He says the state wants to comply with the judgment and but has challenges in both addressing the recovery of emoluments and considering the question of indemnity as the exact emolument to be recovered have not been agreed by the parties, three years after
judgment.

This is according to an affidavit in support of the assessment of the amount that is supposed to be paid back by the affected people.

On August 8, 2016, the Constitutional Court ordered former cabinet, Provincial and Deputy Ministers to pay back to the State all the allowances and salaries they received during the period.

The Law Association of Zambia -LAZ- petitioned the court to order the former ministers who stayed in office after the dissolution of Parliament to pay back the monies they received.

In this matter, Ngosa Simbyakula, 63 others, and the Attorney General were the respondents.

30 COMMENTS

    • The fact that these chaps continued getting salaries after dissolution of parliament renders the 2016 election unfair and the results thereof null and void. Paying back the money without addressing this critical point makes Zambia a lawless country, a failed nation where criminals can get away with murder.

    • Really ba PF? More stalling tactics? How is the court supposed to be the ones to calculate? Who runs payroll? Is it the court? More contempt of the court. More illustration of what PF think of the law.

    • Why go back to court? The court has made a ruling now it’s the home affairs to enforce what the judiciary has declared. Those who don’t follow the court ruling must be arrested

    • Deduct the amounts from what they are paid. Why ask them. Just deduct that is that. Asking hem for what putu leni ku ma salary yaba fikaaala

    • This is abuse of judicial system. Is ECL really a lawyer? Where are the accountants? This is simple, get information from payroll system please. Pay now!!!!

    • Confusing the courts now. Ask the department that pays the ministers and ask that department to forward the same to the courts. Why do politicians always want to do things like they mean well. Respect the courts ,you’ll need them when you’re out of government and you’ll cry for the same justice that youre not protecting .

  1. This is good that we closing this matter. Let the State indemnify the former ministers. UPND will have nothing to say anymore

    • So pf government has no record of how much it pays its ministers?? And you wonder why that country has gone down the toilet? Only thieves have no record of finances out of fear of being caught. If Zambians allow pf to steal votes again then you deserve what is coming your way. The dark country. I am glad I moved away for a break with my whlte wlfe. It is good to be in Europe. Only to return when a credible party like upnd is in power. Thanks

    • @Caleb…why are you btinging UPND in this PF thieving and madness. Its not the UPND which decided that it was constitutionally right for ministers to stay in office and illegally draw salaries and allowances….It was the PF and Lungu. It wasnt the UPND which found that it was illegal for ministers to stay in office….it was the constitutional court. So why drag the good image of UPND into PF mud? Surely even your pea sized brain can see your stupidity upon reflection.

    • Nothing to say. What happened was daylight robbery conducted the PF criminals. Take them to court and charge them with a case “receiving money by False Pretences. These foools knew very well they were not entitled to the money, but they got the money.

      Message to Zambians;

      Boycott the forthcoming General elections and let the politicians and their stupiiid families vote for themselves after all you as Zambians will not benefit anything, so why bother. Ba Koswe mu POTO

  2. They will use tax payers money to repay the same taxpayers money they earned illigally.

    Under lungu and pf , everything is rotten.

    Only now as we approach 2021 is lungu and PF showing some sanity for fear of retribution.

    Even kaizer Zulu is taking him self to the police to force them to issue a warn and caution against himself.

    Mwanya…….CK has already warned you

    • No, what they can do is for the serving ministers they can simply start deducting from their ministerial and parliamentary salaries. For the former ministers who are no longer in government make sure they bring that money in person

    • CK has warned who exactly? He started this whole mess with Koswe.

      People have short memories!!!

      If you like him so much, make him president of your household.

  3. This coming after the recent comments by Germany ambassador. In a normal democracy, a court judgement is adhered to without hesitation – unless appealed of course.
    But in Zambia, the executive ignore court orders routinely – even constitutional court judgments – without attracting contempt proceedings.
    On the other end of the spectrum, ordinary citizens, in particular citizens associated with the opposition rot in jail at the instigation of ruling party cadres.
    That is what Zambia has become, what a sorry state 🙁

  4. They also got allowances so all this needs to be returned. Those who used government transport when they were not entitled should repay at car hire fee rate. Eya mukwai give back to Ceasar what belongs to Ceasar

  5. The Court should have subpoenaed the Accountant General to provide that information before the judgment was passed so that those amounts could’ve been part of that. Indeed the ConCourt lacks experience.

  6. Hehehehe……at least something sensible is coming from the PF. But why don’t they instruct secretary to the cabinet to assess how much each minister owes? He will delegate to the payroll personnel to work on that

    • The Secretary to the Cabinet wasn’t involved in the Court process. The Judgment must be specific for each individual because they didn’t receive uniform amounts. Although the salaries might have been the same I doubt whether allowances were because most are activity based. The other way is for the Registrar to determine, but then he might need information from third parties when he isn’t hearing the matter. Suppose some dispute the figures? It’ll be like a retrial because proof will have b to be adduced. So the ConCourt didn’t do a good job. An order to pay must be accompanied by the amount involved.

  7. And on top of that their parliamentary seats should be nullified as they used government resources to campaign thereby disadvantaging their opponents. Also their leader who made them stay in office illegally will have answer at an opportune time in addition to his other wrong doings

  8. Gluttons! Pay up! Most of us have worked for mother Zambia for nothing…public service is not about wealth. It is service! Pay up quick or you lose our votes ten times over.

  9. There are many issues to look at like ministerial vehicles used, fuel drawn and mind you others had personal to holder helicopters which they were even parking at their places, those costs must also be calculated in addition to allowances drawn apart from the salaries they accrued, those that were using government drivers also have to repay those costs for the drivers who were also accruing allowances and overtime, WINA AZALILA.

  10. I suspect if they were told that they were owed 10 percent on top of allowances and salaries, they would have worked out the amount owed the same day the judgement were passed!

  11. Money went from the treasury to the former Ministers. Let them start paying back. If or when it is determined what they can keep we can then discriminate those amounts and refund any amounts they would have paid before determination. For now – TREASURY must be REFUNDED. Awe mwe!

  12. lipkwa, nothing to get concerned about. You know lawyers, they probably want the court to assess the interest to be paid after three years, now that is not part of the government payroll system.
    That’s good, then the refunds can be used to import more electricity for example kikikiki.

    Jean Kapata shouldn’t worry, they will probably be assisted to pay by the state since it is the state which made them stay on anyway.

  13. Which ever party is involved, PF and UPND, should pay back Zambia its money. These two parties makes MMD look sane. Saying that makes me think am crazy.

  14. The decision to repay is a sign of bravery and courage on the part of Attorney general. The Ag must not associate himself or herself to any process that seeks to undermine the Constitutional Court. The Constitutional Court did not nullify the general and presidential election. Rather, it nullified the occupation of Ministerial offices following the dissolution of parliament and commencement of the election campaigns. There is need to give praise where it is due when Constitutional Court protects the Constitution. even at the risl of severe criticism from dark forces.

  15. PF has shown alot of leadership and keep it up ! These small and useless small parties that yap any how will now have no issues to talk about in 2021.

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