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Alba Iulia
Monday, October 11, 2021

President Hichilema has not broken any Law by Creating New Ministries and Abolishing or Merging others-Chipenzi

Headlines President Hichilema has not broken any Law by Creating New Ministries and...

The Director of GEARS Initiative, a Non-Governmental Organization, McDonald Chipenzi has said that President Hakainde Hichilema has not violated or breached the republican Constitution by creating new Ministries and abolishing and merging some.

Reacting to social media claims that the President violated the supreme law of the land by merging and or abolishing some ministries before approval by the National Assembly, Mr Chipenzi said that Article 94 does not suggest any breach of the Constitution by the President as the act/performance of creating/merging and or abolishing ministries/departments will be subjected to the National Assembly in the next sitting and the National Assembly will have 21 days to approve such a presidential request.

“It is clear that this subject to National Assembly approval does not expressly mean before or after the performance of the act by the President but that as long as parliament has approved it within 21 days after a receipt of the request for approval from the President is done, the breach of the Constitution is farfetched, ” Mr Chipenzi said

Mr Cipenzi further clarified that there has been such precedent that has been set in the past by past Presidents Including the Late Michael Sata and Edgar Lungu.

“Actually, precedences are there to point at during Michael Sata and Edgar Lungu’s reigns where ministries and departments were created, merged or abolished and people appointed before approval by the National Assembly but the President later requested the National Assembly to approve and it was done,” he said.

“To this end, there is not ground for any to suggest for an impeachment of the President where there is no violation or breach of the Constitution which has been occasioned by the President.

“In my honest view, the President’s acts are within the law but the key thing, however, is for the Presidential advisors to explain such things to avoid misleading notes spreading across the breadth of the country by some commentators, ” Mr Chipenzi concluded.

31 COMMENTS

  1. Your article does not make sense and speaks of biased reasoning. Are you not aware that officers have been appointed to these same Ministries under oath? Ratifying the changes after the fact would create a constitutional crisis of parliament did not agree. The unprofessionalism of Zambian lawyers is why our institutions and checks and balances are such a mess.

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  2. Chimpanzee, try to be reasonable at times. I know you support HH and Upnd but bear in mind that such uncontrolled support is what has made many a leader to change from good to bad leaders. Not everything HH is doing is wrong and not everything he’s doing is right.

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  3. Parliament will only ratify, confirm, rubber stamp or endorse the presidential decisions. Certainly nothing sinister about it

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  4. First of all congratulations to Mr. HH for winning the just ended Presidential election and my heartfelt felt thank you to Mr. ECL the former President for massive infrastructures left ( Schools, Roads, Hospitals, Clinics, Teaching Hospitals, Universities, Bridges, Zesco Power Stations dotted around the country, Napsa, Zaffico, Kawambwa Tea Plantation, FISP, Cash Transfers, Mopani, KCM, ECL Mall, Zamtel, IDC all of them Zambian owned just to name a few) and most importantly conceding defeat in the face of alleged massive Election Malpractices as claimed by no other than the Election Winners the UPND and THEIR ALLIANCE themselves as evidenced through the tens and tens of Election Petitions IN THE COURTS OF LAW.

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  5. CONTINUED
    Now I write as a concerned Zambia seeking clarification from LAZ, Chapter One Foundation and Self Acclaimed Constitution Lawyer to interpret ARTICLES 92(2)(d) and 108(1)(a) of The Zambian Constitution. This follows the creation of New Ministries, abolition of others by the New President and appointing Ministers in New Ministries, some even before taking OATH and or being SWORN IN as MPs by Parliament.

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  6. CONTINUED
    Secondly, what are the roles of Presidential AIDE DE CAMP, STATE HOUSE CHIEF OF PROTOCAL? I ask this because the two were present especially AIDE DE CAMP to the NEWLY SWORN PRESIDENT when the outgoing President handed over the ZAMBIAs SACRASONT (THE INSTRUMENT OF POWER) to the newly sworn President than they were quickly passed on to what I can term a UPND CADRE at the time instead of any of the two during the INNAUGRATION CEREMONY.
    Was that constitutionally right? If not? What are the consequences. Mr. KBF you equally assist in the interpretation.
    I thank you

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  7. I thought he promised a small cabinet and pointing mps on merit. He promised not repeat what the past presidents have done by not following the constitution.

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  8. We need more relevant ministries for our current challenges. We need Ministry of Jobs not labour. We need small businesses ministry not Commerce- something vague etc.

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  9. Yes he promised a small cabinet so as to save money and channel the saved money to buy medicine. He was just talking coz he was not in government and he didn’t know how government operates. So on this one,he has failed to fulfill the promise. Let’s wait and see how he is going to fulfill the promises he promised us. Free education,increament for government workers,K250 bag of fertilizer,K50 bog of meal maelie,creat jobs for youths,bringing back meal allowance for students just to mention a few. He has chosen a balanced cabinet Andy I hope these cabinet will help him to deliver on the promises

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  10. Dictatorship tendencies…abolish 3 and add 6….kikikikikiki Baby President……no wonder Zambians kept rejecting him 6 times…HH will turn out to be the worst President ever…already he is making Lungu look like a saint….

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  11. First of all, the appointment of Situmbeko Musokotwane was illegal not because of precedents or what the Constitution says but due to the ConCourt judgement on the case of Ministers that remained in Office after the dissolution of Parliament. Situmbeko was the 1st Minister to be appointed after the ConCourt ruling so there are no precedents. Chipenzi is very dull, a sober leader is supposed to seek ratification first before making any pronouncements. If Hichilema hasn’t sort the advice of the Attorney General then he’s in breach. Don’t make partisan comments because you’re seeking a job. Most positions have already been shared. Let’s fight poverty to avoid useless NGOs like that of Ntewewe and Chipenzi

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  12. This constitution, which lungu signed, it seems is so vague that every Tom, chilufya and mutinta has their own interpretation….

    How can you move forward as a country when every one has their own interpretation of the law and is ready to make noise……..????

    That’s way lawyers are theives…..

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  13. The implication of not allowing parliament to debate this issue is that whether parliament likes it or not, they will have to go by what the president has put out. I see no point of taking this matter before parliament when ministers have already been put into office. What would happen if parliament declined to the president’s proposal?

  14. This government will be the most corrupt government Zambia has ever had, to start with the appointing of Musokotwane was the worst thing that the head ever made, reasons being Musokotwane is the one who ran the corruption in the administration of Rupiah Banda’s regime and were removed from power because of the grand corruption that rocked Zambia.
    Musokotwane has a very dull brain and never learns from the past experiences, Musokotwane was still a young man in 1988 he must had been working in the government in the ministry of finance, he knows very well how KK decided to ditch IMF because of the hardships IMF brings to African countries.

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  15. Musokotwane doesn’t love Zambians but he is there for the benefits he will get after giving out
    Zambians to dictates of IMF, IMF has never, will never in history help any African nation to come out poverty but has and will again see Zambia go back to 1988 , when Zambians were lining up for cooking oil and any essential goods and riots will be the order of the day , the police Zambian police didn’t even have boots for their feet but were wearing flip-flops but carrying guns to quell riots in the streets.

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  16. @ Spaka
    I thought you were a Patriotic Zambian..so you just support HH period….thats all you interested in…just HH but not for the well-being of Zambians….so the same Ministers that HH appointed…if they were appointed by Lungu you would be calling them thieves and insulting them…but now since they’re appointed by your small god HH…then they’re all saints and hardworking….anyway no need to debate with you…

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  17. #16Saulosi. We know one minister who ordered mobile hospitals, Chinese hearses and another one who became a millionaire through exploitation of marketeers. If Lungu had included these we were going to hear so much noise on their past. Someone there is no better than Bowman.

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  18. I’m happy to forgive some oversights by the new leadership because this is the first time behind the wheel. But I agree with Concerned Citizen above that, LAZ, Chapter One and the self appointed constitutional law experts and CSO’s should put just as much pressure of checks and balances on UPND as they did PF. Letting things slide will encourage dictatorial leadership. It also exposed their biased reasoning.

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  19. Is that even a big deal? Its an issue of common sense because Parliament certainly expected to ratify them. I see PF supporters are still hurting from the shellacking loss.

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  20. Chapter one risk dying a natural dearth is they don’t stand up against HH abuse and disrespect for rule of Law.jow do you swear and nominate individual to new created ministries and you expect them to go in Parliament and objectively debate the new creation in parlient? It ovious that they will vote for for the creation to save their interest.

  21. @Deja Vu i was equally disappointed in the appointment of Masebo and Mutati. These guys have practically been in every government since Chiluba. which is a total of 30 years when put together. They have not made any impact what so ever. can someone point out their legacy? What can we point to as having been their contribution to this country? Yet we are still appointing them to ministerial positions. these people are vultures circling and fight over a carcass which is Zambia. They make alliances to fool us and now they start giving each other positions based on said agreements. Which i might add we are not privy to as the electorate. You said new blood? Is this new blood? This is old over recycled no good blood.

  22. Its like McDonald Chipenzi is the only one endorsing whatever Bally is pronouncing when as gospel right even when legal brains like John Sangwa have rightly pointed and the President has acknowledged that the Ministers affected should not start working until parliaments endorses. Let s be careful with some of the comments we make. That is how Lungu ended up going astray.

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  23. This criticism is biased and no sense. Sata was convicted of corruptly depositing Government money in a personal Bank account at Stan Chart
    ( chewed the interest that accrued ) during the construction of Merzaf flats in Chilenje. The Contract was also overstated . He was voted in power and over praised by these same PF thieves. Lungu stole a Widow’s money, the same thieves turned a blind eye to that theft – all what we heard was Umutu ni Lungu.

    And now there is so much noise over this matter – which Chipenzi has correctly interpreted. There is no law that prohibits the President to appoint and swear in the Ministers in these new ministries before ratification by Parliamnet. What Sangwa ( and am disappointed ) is talking about is just a logical sequence of events and not…

  24. If this chimpanzee is saying he has not broken the law. Let him know that Our Tax payers money is at play for swearing in illegal ministers and the UPND alliance should refund it back just like PF obliged the court ruling for illegal stay in office & refunded the money.HH should be careful with some of these snakes in green grass.

  25. Chipenzi may be right ! What Sangwa is talking about is just a logical sequence of events. The President in the first place comes up with the new ministries and merges others. The proposal is brought before Parliament for ratification and he proceeds to appoint and swear in the Ministers in these respective Ministries. That is good thinking but the sequence is not categorically stated that it must followed. In other words, under no where in the Constitution is the President prohibited from appointing and swearing in the Ministers before ratification by Parliament. That is law….You do not have to use your emotions.

  26. But that means the hands of the National Assembly are tied, they cant even debate it except to say yayayaya …because a minister in place already. For the promotion of the independence of the Natinal Assembly and the seperation of powers it would be wise to let the approval take place first and then appoint the Minister. Lets not use wrong precedence to justify this, we wish going forward things can be done more logically and better

  27. It looks like not much deviation from the structure and intent of ministries to address the address the challenges facing the sectors though Some ministries could still be there Such ministries like Gender Religious and Diversity We have also seen the Climate change in some countries being managed as an advisory role into the Ministries of Energy and Water as far as climate change issues are Renaming and naming of ministries Could be very important in those restructuring to ensure coherent focus and alignment of resources to address the challenges of the sectors You may not disrupt the slow recovery of the economy in managing and realigning the ministries especially on…

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