MWANZA ARGUES CABINET CEASES TO EXIST AFTER MINISTERS VACATE OFFICE
Democratic Progressive Party (DPP) president Antonio Mourinho Mwanza has argued that Zambia currently has no constitutionally constituted Cabinet following the dissolution of Parliament and the vacating of ministerial offices ahead of the general election.
Mr. Mwanza said some people were wrongly confusing the Constitution with the Cabinet Handbook in interpreting the status of Cabinet after ministers leave office.
He explained that Article 113 of the Constitution clearly states that Cabinet consists of the President, the Vice-President, Ministers and the Attorney-General as an ex-officio member.
According to Mr. Mwanza, this constitutional provision defines the composition of Cabinet, while the Cabinet Handbook only provides procedural guidance on how Cabinet meetings are conducted.
He said some individuals had been citing Cabinet Handbook 4.5, which provides that quorum for a Cabinet meeting may consist of the President, one Cabinet Minister and the Secretary to the Cabinet, as proof that Cabinet still exists.
However, Mr. Mwanza argued that the handbook does not create Cabinet and therefore cannot override or amend constitutional provisions.
He further noted that the handbook itself still requires the presence of at least one Cabinet Minister for quorum, adding that there are currently no serving ministers because their offices became vacant following the dissolution of Parliament.
Mr. Mwanza cited Article 116(4) of the Constitution, which states that the office of Minister becomes vacant ninety days before a general election.
He maintained that once ministers vacate office, the constitutional structure of Cabinet becomes incomplete and incapable of meeting even the procedural quorum requirements contained in the handbook.
Mr. Mwanza acknowledged that the President remains in office under Article 91 of the Constitution, but stressed that this should not be interpreted to mean that Cabinet still exists in its full constitutional sense.
He said the continued existence of the Presidency and the existence of a constitutionally constituted Cabinet were two separate legal matters.
“There is no Cabinet,” Mr. Mwanza declared.
He writes:
THERE IS NO CABINET
SOME people are confusing the Constitution with the Cabinet Handbook.
Article 113 of the Constitution is very clear:
Cabinet consists of:
The President
Vice-President
Ministers and the
Attorney-General (as an ex-officio)
That is the constitutional composition of Cabinet.
Now, some are quoting Cabinet Handbook 4.5 which says quorum for a Cabinet meeting can be: the President, One Cabinet Minister and the Secretary to the Cabinet and claiming that we still have a Cabinet.
But here is the simple point:
The Cabinet Handbook does NOT create Cabinet. The Constitution does.
The handbook only explains how Cabinet meetings operate procedurally. It cannot change Article 113 of the Constitution.
In fact, the handbook itself still requires “One Cabinet Minister” for quorum, however, currently we do not have anyone still serving as a Minister since everyone ceased to be Minister after dissolution of parliament.
Look at Article 116(4) of the Constitution:
“The office of Minister shall become vacant ninety days before a general election.”
Meaning once Ministers leave office, you cannot even meet the handbook quorum requirement because there is no Minister left.
So constitutionally:• Cabinet is created by Article 113.• Cabinet procedure/quorum is regulated administratively by the Cabinet Handbook and Article 115.• But once Ministers vacate office under Article 116(4), the full constitutional Cabinet effectively becomes incomplete.
The President remains President under Article 91, yes.
But that is different from saying there is still a fully constituted Cabinet in the constitutional sense.
Two completely different legal issues.
There is no Cabinet!
Antonio Mourinho Mwanza
18 May 2026