By JERRY MUNTHALI
SPEAKER of the National Assembly Amusaa Mwanamwambwa yesterday ruled that cabinet ministers appointed by President Mwanawasa will continue performing their functions under the current head of State, President Banda, until he makes changes to the composition.
He also said Minister of Defence George Mpombo would act as leader of Government business in the House irrespective of the vacant position of Vice-President in the executive.
Mr Mwanamwambwa made the ruling after Lusaka central member of Parliament Guy Scott (PF) raised a point of order on constitutional matters regarding the appointment of Mr Mpombo as acting leader of Government business in the House.
In the point of order, Dr Scott argued that Mr Mpombo could not act as leader of Government business because there was no substantive leader of the House.
He also argued that the two ministers of agriculture, Sarah Sayifwanda and Ben Kapita were appointed by the late President Mwanawasa and that they were not supposed to be in the House.
Dr Scott also said nominated members of Parliament were not supposed to be in the House because Dr Mwanawasa who nominated them died.
In his ruling, Mr Mwanamwambwa said constitutionally, the people of Zambia were required to go for general elections every five years.
He said this comprised local government, parliamentary and Presidential elections, which were commonly known as tripartite elections.
Mr Mwanamwambwa said what the people of Zambia did on October 30 was to carry out one of those three elections which was the Presidential election.
“Please note that cabinet was not dissolved, there was the acting President who carried out the function of Head of State up to the day of election.
Following the October 30 election, cabinet continues until dissolved if the President so wishes,” he said.
Mr Mwanamwambwa advised the House to note that where there were proper systems in a Government, the executive continued irrespective of the vacancy in that particular executive.
“Though it may not be visible to your eyes, the position of Government leader does exist. It is not necessarily held by the Vice President but any of the senior Ministers,” he said.
Mr Mwanamwambwa said Mr Mpombo was one of the senior ministers who could act as leader of Government business in the House.
On the two ministers of agriculture, Mr Mwanamwambwa said it was not new that Zambia had two ministers of agriculture.
He said this fact was known long ago and that if any member wished to raise the issue, they could have done so a long time ago.
Mr Mwanamwambwa said the only difference was that the two ministers were now both in the House and that they would stay there until the appointing authority decided otherwise.
“Since Parliament was not dissolved and you did not go for parliamentary elections, all positions continue, including nominated MPs, until the appointing authority decides otherwise,” the Speaker said.
[Daily-Mail]