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Alba Iulia
Thursday, January 27, 2022

Court concludes hearing on appointment of Ministers and firing of civil servants

General News Court concludes hearing on appointment of Ministers and firing of civil servants

The Constitutional Court this morning concluded the hearing of arguments on the appointment of Ministers and firing of civil servants.

In this matter, Governance Activist Isaac Mwanza sought the interpretation of the Court on the appointment of a minister after the dissolution of Parliament and before its commencement. Mr. Mwanza also asked the Court to determine whether persons can be nominated to a Ministry newly created  Ministry which has not yet been approved by Parliament.

Mr. Mwanza further asked the Court to interpret whether public service workers can be removed from office without good reasons and due process through a hearing.

When the matter came up for hearing, Mr Mwanza argued that the life of Parliament commences when Members of Parliament are sworn in and ends upon dissolution of Parliament as per provision of Article 81(1) of the Constitution. He thus submitted that no Minister can occupy office when Parliament remains dissolved and has not yet commenced.

Mr. Mwanza also argued that persons cannot be nominated, sworn in and begin performing their functions in a newly created or merged Ministry before the Ministry is approved by Parliament.

And Mr. Mwanza has submitted that after 2016, public service workers are constitutionally protected from being removed from office without being given good reasons and subjected to a hearing as required by Article  173(3)(b) of the Constitution and the Employment Act.

Mr Mwanza said the powers of the President and other authorities to hire and fire are subject to provision the authority shows just cause and afford workers a hearing.

But Solicitor General Marshal Muchende argued that the President needed to appoint the Finance Minister because of the budget that was to be presented to Parliament.

Mr Muchende also called for a holistic  interpretation of the Constitution and pleaded with the Court to reframe the question so that they focus could be the question on the exercise of executive powers by the President, a suggestion objected by the Petitioner.

The Court has since reserved judgment to a later day to be communicated to parties.

9 COMMENTS

  1. THE BEAUTY O F DEMORACY IT ALLOWS PEOPL TO EXPRESS THEMSELVES THROUGH THE WELL ESTABLISHED CHANNELS SUCH AS COURTS ETC. WE ARE YET TO HEAR THE OUTCOME.

  2. Whatever the outcome Isaac Mwanza’s arguments are valid. It doesn’t make sense to fire people anyhow just because you’re the President elect. There must be grounds for dismissal and the disciplinary procedure followed. The UPND must sober up and learn to do things in an orderly manner. I know that they’ll call for the dismissal of all Judges at the ConCourt should this case go against them. What thise being appointed should bear in mind is that they’ll also be dismissed in similar manner when UPND is kicked out

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  3. If I may ask, which civil servants were dismissed? If it’s the provincial police commissioners, those are political appointments so politicians can dissapoint them just like PIG and DIG.
    Unless am mistaken

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    • A total time waster, his friend Ntewewe has hibernated. These are PF cadres which is not an offence to be a cadre by the way but they should openly position themselves as such

  4. Some sense in some arguments. However with a Country that has a financial distress and with PF Looters about to leave office? No ways, We can apply exceptions as a Finance Minister was Needed ASAP to control the Situation. BOZ Governor was a cadre and with Kambwili playing to issue some Bonds? No Ba Mwanza rest your case as we all Zambians feel its ok. HH had the right. Those Crooks would have finished Ibala lyonse.

  5. So all this article is pointless …only to tell us in the last sentence that “The Court has since reserved judgment to a later day to be communicated to parties.”

  6. What this mwanza chap is not saying is that after pf loaded the civil service with its cadres now they want to use the law they ignored the last ten years so that they remain office. . . . what a katwishi. mwana just accept that ibala mubombelamo nayuma

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