By McDonald Chipenzi
A LEADERSHIP VACUUM AT THE BANK OF ZAMBIA (BOZ) DUE TO NO GOVERNOR.
IT is clear that at the Bank of Zambia (BOZ), there has been a vacuum since the sudden dismissal of the then BoZ Governor, Danny Kalyalya a week ago.
The new presidential nominee to the position, Christopher Mvunga, can’t assume office until he is ratified by Parliament and Parliament will only resume sitting on Sept 11, 2020, two weeks and one day from todate.
Constitutionally under Art 94 of the Constitution, Mr. Mvunga’s nomination and consequent ratification by the National Assembly has a maximum days of 21 to be considered by Parliament.
This is what Art 94(1) prescribes: “Where the performance of an executive function is expressed by this Constitution to be subject to approval by the National Assembly, the National Assembly SHALL, in the sitting next [Sept 11) after receipt of the request for approval, give the approval within twenty-one days of the commencement of the Sitting”.
The National Assembly, however is further given room to refuse the nominee and refuse to approve him which may force the President to ‘refer the matter to the Constitutional Court for hearing and the decision of the Constitutional court would be final (Art 94(2), (3) and (4)
Further, Art 95(1) guides that: “where in this constitution an appointment to an office is subject to ratification by the National Assembly, the National Assembly SHALL, in the sitting next after receipt of the request for ratification, give its ratification within twenty-one days of the commencement of the Sitting.”
Further, this Art 95 provides space to parliamentarians to reject the ratification requested which once rejected, the President is expected to propose another appointment upto the 3rd one.
If the National Assembly still refuses or delays the ratification for the 3rd nominee or appointee for the position, that appointment shall take effect (Art 95(4).
Clearly, Mr. Mvunga’ s appointment still has a long away to be ratified and for him to assume this prestigious position of the Bank of Zambia Governor.
This is so because the ratification is not automatic as Parliament reserves the right to reject his nomination as it happened with the former Acting Chief Justice, Lombe Chisebakunda.
Despite the arrogance of numbers from the ruling party since the ratification of such an appointment just needs simple majority to pass in Parliament, the PF lost the battle to ratify Ms. Chisebakunda as substantive Justice and ended up as Acting for years.
Coming back to the vacancy at BOZ at this crucial times, this has been created by the President’s failure to appoint an Acting Governor at the Bank.
The position of a Bank of Zambia Governor is constitutional and his/her deputy cannot assume that position unless appointed by the President to do so.
This is like the issue of deputy ministers and Cabinet Ministers. In the absence of the Minister, a deputy Minister cannot assume that office unless the President appoints another Cabinet Minister to Act.
Art 214 is very instructive to the nation and the President that “there shall be a Governor of the Bank of Zambia who shall be appointed by the President, subject to ratification by the National Assembly…”
The absence of ratified Governor by the National Assembly and a Presidential appointed Governor to Act in the interim, whoever is acting by virtue of being deputy Governor may be an illegality being practiced at the Bank and by those who have authority to do the right thing.
Therefore, constitutionally, there is a leadership vacuum at the Bank of Zambia.
I submit!