Minister Cannot Suspend Councillors
By Dickson Jere
The Chongwe and Kafue Councils were accused of illegal allocation of land contrary to urban and planning regulations. The allegations persisted, which prompted the Minister of Local Government then (Gary Nkombo) to suspend the two councils for 90 days in line with the Local Government Act. He then appointed an Administrator to run the councils.
While the suspension was subsisting, a petition was filed in the Constitutional Court in which the petitioner argued that the Minister has no constitutional powers to suspend councilors that were elected by the people.
He further contended that the provisions of the Local Government Act that empowers the Minister to suspend councilors was unconstitutional and therefore the councilors should be paid their allowances during the time of suspension.
On the other hand, the government insisted that the Minister acted within the law when he suspended the two Councils as Councillors were allocating land illegally and that they ought to be supervised so that they perform their functions within the law.
A five member bench of the ConCourt heard the petition and determined thus;
“Clearly, the Constitution does not provide for suspension of the Councils by the national government through the Minister, but speaks to non-interference and accountability to national government and the residents in the discharge of its functions,” the Judges observed.
“In our view, the Constitution expressly rules out suspension as it would prevent the council from performing its functions,” the Judges said, adding that the Minister can overturn the council decisions or taking legal actions against misconduct.
The ConCourt observed that suspending a duly and democratically elected council and replacing it with an Administrator is a very serious act which is not even supported by the Constitution and undermines democratic representation. The Judges added that the Local Government Act that empowered the Minister to suspend the council was unconstitutional.
“It follows that the Constitution does not provide for suspension of a council nor does it provide for any entity to perform the functions of a council, thereby rendering the impugned sections unconstitutional for being inconsistent with the Constitution,” the Judges said.
Oh the allowances and emoluments, the Judges opined that the petitioner failed to prove his case.
“And the claim does not fall within our jurisdiction,” the Court said.
Case citation – Mputa Ngalande v Attorney General-2025/CCZ/0019 and Judgement delivered yesterday.
Lecture Notes;
- The ConCourt has declared sections 56 and 57 of the Local Government Act as “unconstitutional” and therefore removed from the Act. This is very important case as it shows that all laws passed by Parliament must conform to the Constitution.
- Since Parliament is currently dealing with the Local Government (Amendment) Bill of 2026, it will be prudent that the Members of Parliament takes into account this latest Judgement and make further and appropriate amendments to the legislation. It is the right time!