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Alba Iulia
Sunday, September 12, 2021

Ministerial Functions before Commencement of Parliament lands in the Constitution Court

Headlines Ministerial Functions before Commencement of Parliament lands in the Constitution Court

ZAMBIA’s Constitutional Court of Zambia has been asked to urgently interpret whether a Minister can be in office after dissolution of Parliament but before commencement of Parliament.

Governance Activist Isaac Mwanza has dragged the Attorney General to Court over what appears to be questions sorrounding the performance of ministerial functions by Finance Minister Situmbeko before the commencement of the National Assembly.

He has also challenged the Attorney General on whether a person can legally be appointed to head a Ministry established and/or merged and perform the functions of that office before approval by the National Assembly of Zambia.

In reference to the appointment of Felix Mutati and other UPND Alliance leaders, Mr Mwanza has questioned the Court on whether, in terms of Article 69 as read together with Article 81 of the Constitution of Zambia, a person who has not been sworn in as a nominated Member of Parliament can be sworn in as a Minister and perform ministerial functions.

Mr Mwanza has also asked the Court to clarify the law on whether, in view of Article 173(3) of the Constitution of Zambia, the President or any other appointing authority can terminate the employment of a public officer without just cause and due process. Public officers have always been the first casualty of politicians upon change of government.

Mr Mwanza has also asked the Court to interpret on whether the President can institute, create or abolish a public office without recommendation of the relevant Service Commission as was done with the creation of the office of Deputy Inspector General of Police – Special Duties (State House).

He is also seeking an interpretation on whether a Presidential abolishment of an office in the public service with a substantive holder is constitutional, legal and valid.

Republican President Hakainde Hichilema has in the past few weeks sworn in Finance Minister Musokotwane and other Ministers before the dissolved National Assembly commenced. He has also fired various public officers without affording them due process and appointed other in their place. Minister Mutati, who was nominated, assumed office before Parliament approved the establishment of their Ministries.

34 COMMENTS

  1. We told you, this is what happens when you don’t consult. If Hichilema hasn’t been consulting the Attorney General on these matters then he’s in serious breach of the Constitution. The day’s of impunity are long gone. You can’t send all DCs on forced leave and decommission all Police Commissioners at the same time, ni Zambia ya nyoko? This isn’t under 5 business

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  2. This is not in anyway different with the illegal stay of ministers in offices at a time we had no MP(dissolved parliament) and it was this same government who used to sing that song every day until money was paid back.

    We forget so fast.

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  3. Baby President….and he walks around wearing surgical gloves….he thinks running a country is kids play….HH has no clue what he is doing and he might just be impeached if he is not careful…he thinks the way he operates UPND thats how he will run the country

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  4. master chiapante pante….and how much is cooking oil,sugar, mealie meal, Cement ,fuel..kikikikikiki and someone is afraid of germs he’s walking around wearing surgical gloves….dont you miss Lungu yet..hahahahaha hihihihihihihihi HH DANDERHEAD OF A PRESIDENT

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  5. Spaka like lilo….this name sounds you’re very good at running 100 meters….please don’t run away from Lusaka Times…..we are not done with you…wait till the youths start throwing stones at his motorcade…what till food riots start…..bufi bufi bufi….kikikikikiki yabija makani…HH should just resign out of embarrassment….

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  6. I am actually surprised that these matters are happening when they shouldn’t. Can’t they spare us from this mediocre leadership?
    Do you remember most people were singing: PF must go; chipantepante government; chibwi no plani, party of uneducated, lawless illiterates; etc. When will the UPND prove that they are different in calibre from PF.
    The difference between WATCHING from terraces and PLAYING a soccer on the pitch.

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  7. It will be next 5 years of one endless comedy show. We will remind you at every turn, especially those who defend this { Cow & Gate President } when he is making mistakes that could be avoided. This is incompetence coming from an Under 5 Play Book. Ati.. I have formed a government which is half baked.

    By the way when is this { Cow & Gate President } cutting his hair?? He is still in the 1970’s Hair-Do? He needs one more person appointed in his cabinet. Such as a { Ministers Without Portfolio } – Responsible for his Public Image. God Bless Zambia and we need the Almighty, especially right now. Kikikikikiki… !!

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  8. Let the Concourt interprate the law without uut any undue interference as in the previous regime.

    H.H might have been wrong, but to err is human. In this administration, if we make a mistake, we will own up and correct it.

    Thats the difference. We don’t claim to be angels.

    That is the least I expect from my President.

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  9. Just the ugly surgical gloves….this guy maybe he’s forgotten that now he is the President of Zambia…but guys…let’s be serious…who walks around wearing surgical gloves…it could be some mental illnes….gloves carry alot of bacteria….and if they’re surgical gloves then he is mis-using because our Hospital operating rooms will run out of surgical gloves…HH is a joke of a President……and no wonder alot of Zambians who mistakenly voted for him are now regretting…..5 years of Baby President rule will be a nightmare

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  10. Ba PF cadre you still have another five years of HH so don’t waste all your bitterness within just the first few months of his presidency. hahaha!

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  11. Ba Saulosi we have now relegated ourselves to extreme pettiness? Good thing the 2.8 million Zambians that ushered this glove wearing guy into power have more sense than you tuma sore losers. Five years mune. You sure you will manage the bitterness for that long especially when the economy inevitably starts growing?

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  12. hahaha Saulosi I just saw the last part ati ‘Zambians who voted for him are now regretting’ did you do a countrywide survey or these are assumptions you are pulling out of your bottom? hahahaha funny chap.

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  13. Where was Isaac Mwanza when ECL appointed a Cabinet that excluded Citizens from SP,WP,NWP and CP? Where was Isaac Mwanza when ECL was retiring Civil Servants from other Provinces in the National Interest? By the time that Concourt hears this Petition Parliament will have regularised all these Appointments by President HH under this New Dawn.

  14. flag Corruption scandals: 48 Houses Social Security Cash Luxury Presidential Jet Ambulances Fire Trucks Mukula Trees Ndola-Lusaka Rd Malawi Maizegate Fuelgate Swaziland landgate Zesco Loans Honeybee

    Saulosi, mate you sound and look silly even in anonymity. Give it a rest because it is getting rather monotonous and silly. Surely gloves is all your criticism of HH? Who cares even if he wore boxing gloves or goalkeeper gloves, ecen without COVID-19.
    I’m pretty sure even Lungu is reflecting and sobering about how he messed up this country so much that so many Zambians kicked him to the kerb.
    Surely give HH at least 100 days before you start criticizing him. No one misses that corrupt gangsters of govt crooks who almost wiped this country off the face of the earth with their recklessness. You think being out of power just absolves them of their unforgivable crimes? Shocker!

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  15. flag Corruption scandals: 48 Houses Social Security Cash Luxury Presidential Jet Ambulances Fire Trucks Mukula Trees Ndola-Lusaka Rd Malawi Maizegate Fuelgate Swaziland landgate Zesco Loans Honeybee

    As for HH, no doubt they started rather badly and here is hoping they will quickly learn some lessons on this and put their house in order.
    Fun though the same public who were criticizing him of delaying to assemble his cabinet are the same ones laughing at him for the stuff up… I bet they didn’t even know the Constitutional procedure either! Get real people!

  16. Keep on criticizing and crying…its 5yrs bane…you will get tired.We just read and ignore…5yrs…pf cadres should know by now that its finished
    you are gone…#@chikubabe chikukole you are no longer in power.

  17. Why not get rid of the constitution? Its always in the way…..lol. First Sean T says we want cabinet now, then Sangwa says no cabinet , National assembly first. Even i a cadre would not know what to do. kikiki

  18. Who would keep those Provincial Police Commissioners the way the treated HH. They got messed up ECL and should be punished for carrying out unlawful orders. HH can be called all sorts of names because some of you can’t believe that PF was put out of circulation. It will take for greens to shade off the color, its even in the blood. No corruption, no violence etc.

  19. This is sad. That’s why people say you are corupt if you don’t support HH but immediately you wear red you are pirhed off corruption tag. We all saw Garry Nkombo in the Ministry office addressing civil servants and giveminig official instructions before parliment is officially constituted. He even went ahead to inspect public premises as a minister with a flag on his car.

  20. There is total ignorance and bitterness expressed from some political cadres, If you are not a lawyer , dont try to expose your ignorance here. Even if HH made a mistake, is he the first one to do so as a sitting president.?
    Hey guys cool down mulimucibe. 5 years is still a long way.Ifwe we waited for 23 yrs.

  21. Nchito ya yamba bane. Haters hanging onto thin threads just to keep vomiting their evil vile! They are welcome to wasting their time. HH said, politicking is over. It is now time for all of us to work for the development of our country. Trouble with PF types is that they are permanently in campaign mode. Campaigning is all they know.

  22. You find that PF dogs are are criticizing everything. The backing of a dog even where it cant bite. At least the baby president has given much needed freedom not this Kolwe who was preparing a cyber crime bill. No cadre anymore. The corruption rats have gone into hiding.

  23. The Minister of Religious affairs was created, the minister appointed and sworn in before the parliament ratified. Where were the critics? If you were surviving through collecting money from markets and bus station muzafa nayo njala. Find something to do.

  24. 5 years you PF thieves will just be complaining whilst HH continues being President. At better to make mistakes and learn but PF who were a gang of thievies. Watch the space as your leaders get arrested fast track court

  25. Funny how the tables have changed and the goal posts have shifted. ECL was ostracized for everything that he did, right or wrong. He was never given a chance. HH makes mistakes and we are told to give him chance. Why should it be different? He called PF incompetent and promised to do things differently. Alas, we are not seeing the difference. Mistake after mistake in running govt, disregarding procedure, firing public officers at will, sending people with valid employment contracts on forced leave, etc. Different indeed!
    Filiokotuleya.

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