Wednesday, May 15, 2024

The Issue of the Salaries to be Returned by Former Ministers

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By Chishala Kateka-President of the New Heritage Party

I know that this issue has been topical for some time but has become even more so after President Lungu asked the ministers to return the money.

We all understand what is at play but what I see in this and that should be of concern to us as Zambians is what this is revealing…..where we are as a nation and the (dangerous) implications for us, the Zambians.

We have a constitution which, office holders, the President and Ministers swear to uphold. Our Constitution is very clear with regard to the process as we head towards elections…….dissolve parliament 3 months before the elections. Ministries are then ran by Parmanent Secretaries.

In the last election, the Party in power decided to go against the Constitution at the behest of the Head of State AND his ministers, including the Minister of Justice. They stayed in office. This was clearly ultra vires (doing something that is beyond one’s power and authority) and now there is a ruling that they need to pay back the money.

What is of concern is what this situation is revealing.

1. Are we as Zambians so submissive that when your leader instructs you to do something……even if you know that it is not legal, you shall act on that instruction? These are not junior members of the Civil Service. These are people meant to be stewards of the nation. Do we not think for ourselves?

2. How is it possible for a WHOLE Cabinet to misdirect itself so?

3. What happened to the Advisors?

4. With due respect to the President – Sir, you are a lawyer of many years at the Bar.

5. If THIS could happen, what else has happened of which we are not aware?

Well those funds belong to the Zambian Tax Payers. The Ministers are whining about the fact that they can not afford to pay the money back……however some of you make large donations to churches etc. if you can afford to donate a K100,000 or even a K50,000 to a church, then you can surely afford to pay back a K54,000.

This money must be paid back to the Zambian people. Please do not claim that you were working. In the last 3 months before elections, you were campaigning……and being paid for it. That is one of the reasons that we were soundly against Bill 10 ab initio (right from the beginning). You wanted to legitimize such practices.

32 COMMENTS

  1. Very much on the spot! ECL must face a tribunal because it’s not up to him to interpret the Law but the Attorney General. LAZ must take it up to ensure that process begins in earnest. Did he seek the advice of the AG? As for Ministers, most came from streets and bus stations so you’re expecting too much from them

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  2. The answers especially to these 2 questions summarise exactly what kind of politicians we have.

    2. How is it possible for a WHOLE Cabinet to misdirect itself so?
    3. What happened to the Advisors?

    I’d personally love for each of them that stayed in office illegally to answer the 2nd one, the third being left for the advisers whomever they were.

    22
  3. Ayatollah, I fully agree. Chishala Kateka, right on. There consequences for breaching the constitution by the head of state.

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  4. What happened was theft and they were ALL in collusion. If they could steal three month’s pay each plus allowances in plain sight, how much are they stealing behind the scenes, under the veil of secrecy/tenders/donations/DMMU?

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  5. A vote should no longer be a secret , voters should also be accountable for whoever they vote for, current situation all those who voted for pf should have been paying higher taxes than us who did not vote for pf,its their decision that has put us in this quagmire.

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  6. Because they are corrupt cowards who eye only the salaries and benefits of the job Zambians are exactly what Kateka says: they will do illegal stuff as long as they have been instructed by the boss.
    I see it among journalists. They are usually making lots of noise about press freedom but when appointed into government positions they are at the forefront of oppressing their fellow journalists because that is what they have been instructed to do. How hypocritecal!

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  7. The other serious question to ask is where do these ministers and politicians from the ruling party get the money they donate every now and then? Clearly these politicians are prepared to abuse the law to maintain political power which enables them to abuse public resources at will. We need strong governance institutions which shall call to account such politicians once they try to abuse the constitution and rule of law. It should not have take 4 years to demand that ministers who continued receiving salaries and allowances during the period parliament was dissolve pay back. If we had an effective public protection agency, the ministers should have been stopped from working once parliament was dissolved.

  8. 4. With due respect to the President – Sir, you are a lawyer of many years at the Bar.

    5. If THIS could happen, what else has happened of which we are not aware?

    Lungu has trashed the law many times…the extent of his corruption will only come to light to shock Zambians after he leaves power…..

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  9. Has ECL apologized for misleading the nation? NO.
    According to the PF ,illegality is okay,so long as its the president who directs it.
    Zambians cant see that ECL actually violated the constitution.

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  10. A woman called kateka who will never be a kateka. No minister has refused to pay. so why continue talking about the same thing? We do not even know what the reborn heritage party stands for. How do you comment about a concluded case even before publishing your party’s manifesto? It shows that this woman lacks priorities. do not trust such creatures

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  11. # 13  Kaizar Zulu 
    December 13, 2020 At 1:18 pm

    “…..No minister has refused to pay. so why continue talking about the same thing? …….”

    That’s like saying if a theif has already been identified , why jail him ???

    We are a talking about lungu trashing the constitution at will , from the highest office of the land where examples are supposed to be set for citizens to follow…….

    Even the 3rd term bid is another example of lungus disregard for laws…

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  12. …..and we are all quite, no one is calling for shots, to you out learned lawyers, what are the implications of such an act? Can the LAZ lead the way.

  13. When a WHOLE cabinet’s ineptitude goes as far as failure to know its own relevance in fear of one man – then, that man is a dictator
    Notwithstanding that assertion, does a cabinet know why it exists, cabinet legal advisors and individual PF ministers with legal knowledge, what was their take on this whole moribund PF lot, loathed by Zambians. This is a total sham to Zambia and Zambians must reject this dictatorial leadership that does not respect our constitution.

  14. I have always had serious doubts about President Edgar Lungu’s credentials as a lawyer. The possibilities are: 1. He has never seen the inside of a law school. 2. He may have been to law school but he did not complete his studies. 3. He may have been to law school and graduated as a lawyer but the many years of abusing alcohol have taken their toll on his mental capacity. The third is the most likely scenario because he shows signs of alcoholism every now and then- delusions, confabulation and paranoia. Ever since he became President he has never got it right as far as the law is concerned. He has crossed paths with the man who was his Dean! If it wasn’t for a partisan Concourt, he would not have been President.

  15. #18 THE SAINT

    You have left out the real reason ….

    Lungu is a rogue lawyer , a corrupt lawyer with out morals or integrity , who represented all manner of crooks and criminals……

  16. @be professional let’s name them: 1Amos Malupenga
    2 Dora Siliya
    3 Amos Chanda
    4 Dick jere
    5 Richard Sakala
    etc
    All turncoats against their profession

  17. Most of these ex- ministers have the money. They can afford to pay. They are just bring funny. Abalaculilamo ni balya balile kumo ne mbuto

  18. Personally, they have sworn to uphold the constitution and we have legal guys in the justice ministry. They just don’t need to pay back but also prosecuted just like any body else. This will signal properly to those yes bwanas. Simply because you have been ordered to to kill by the head of state it does not mean you need to do it. They swear separately. That is my tax they used illegally.

  19. I like the analysis from Chishala Kateka. Very mature. But let’s ask ourselves what would have prompted the ministers to remain in office after parliament was dissolved. Was there a crisis looming in the horizon immediately before the 2016 elections? The answer is probably yes. Our electricity energy sector was headed for a serious shortage of power generation at a time the was preparing for elections. Dissolving the cabinet and allowing permanent secretaries to run the show on their own would have been chaotic. We saw cabinet ministers working 24/7 sourcing power from neighbouring countries and off shore ships. Others sweated to raise money from international lending institutions. And yet others could not rest to ensure that hospitals were fully equipped with generators. There was no…

  20. Koswe ni Koswe. Its busy knibling at the foundation poles. When the whole thing crashes on our head and buries us we shall refuse it was KOSWEs making!

    Thats the Zambian for you!

    So shameful and flabbergasting!

  21. Had it been in another country one President I know would have not survived up to this day. He could have been removed a long time ago. It is only here where a President is treated like a King. So many illegalities. Someone’s life will be more miserable than Chiluba. Time is ticking.

  22. THIS WOMAN IS IN THE CLASS OF CHAMACHAKOMBOKA, NGONDO, YORUM MWILA, MULYOKELA, HH, MILUPI, MMEMBE SOCIOLIST,ETC NOT PRESIDENTIAL MATERIAL.

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