Defected MPs Will Be Found Wanting in the Future!
In 2016, under President Edgar Lungu, cabinet ministers, their deputies, and provincial ministers continued to hold office illegally after the dissolution of Parliament ahead of the general elections. The matter was taken to the Constitutional Court by the Law Association of Zambia (LAZ) and others.
The Court ruled that their continued stay was unconstitutional and ordered them to immediately vacate their offices and repay all salaries and allowances received during the illegal period (roughly May to July 2016). In follow-up rulings (including in 2017 and December 2020), the Court reaffirmed the order and gave the 64 affected officials 30 days to repay a total of over K4.2 million (approximately K65,000 each). Some former ministers, such as Harry Kalaba, publicly complied and refunded the amounts.
Recently, we have seen a number of defectors and opposition Members of Parliament crossing the floor to endorse and join the ruling party. While the current political situation in the country may make everything seem right at the moment, history reveals that this will almost certainly become a matter of contention especially the fact that the law clearly states that when one is perceived to have crossed the flow, the speaker is to declare the seat vacant.
Zambian political actors and citizens should exercise extreme caution. Constitutional Court precedents have repeatedly shown that actions which appear acceptable or even advantageous in the prevailing political climate can later be declared unconstitutional.
Officials found to have occupied office or received emoluments illegally have been compelled to repay public funds, regardless of which party was in power at the time. Defectors, their new party, and the Zambian people should be aware that such matters could be challenged in court in the future, potentially resulting in the repayment of allowances, gratuities, and other benefits received.
Always priorities adherence to the Constitution and the rule of law over short-term political gains history has proven that the courts will ultimately hold public officials accountable.
Michael M Mulusa
The voice
