By Mwaka Ndawa
Chapter One Foundation limited has sued the state in the Constitutional Court over the failure by 40 ministers, including the Speaker of the National Assembly Patrick Matibini, whose mandate expires on May 12, this year to unnually declare their assets and libilities from 2016 to date in line with the parliamentary and ministerial code of conduct.
The NGO has cited the Attorney General in the matter seeking an interpretation of Article 263 of the constitution and particularly whether the provision is in conflict with Article 261 which requires all holders of public office to abide by the code of conduct requiring them to disclose their assets and sources of income.
Chapter One Foundation director Susan Matale in an affidavit in support of originating summons said that the NGO on January 13, 2021 made a formal complaint to the Chief Justice regarding the failure by the ministers to comply with the obligations under section 10 of the parlaimentary and ministerial code of conduct Act Chapter 13 of the Zambia laws to annually declare their assets, liabilities and sources of income.
She said the NGO requested Chief Justice Irene Mambilima to constitute a tribunal to investigate the unwillingness of the ministers to make statutory declarations.
“By a letter dated February 11, 2021, the Chief Justice responded to the request and stated that she was constrained from appointing a tribunal as Section 10 of the parliamentary and ministerial code of conduct Act was overtaken by Article 263 of the Constitution Amendment Act no.2 of 2016, which only requires holders of public office to make declarations before assuming or upon leaving office,” Rev. Matale said.
She stated that although Article 263 only required holders of public office to make declarations before assuming or leaving office, Article 261 of the Constitution requires them to comply with the the code of conduct prescribed for their office.
“In this case of ministers, the prescribed code of conduct is contained in the parliamentary and ministerial code of conduct Act Chapter 16 of the Laws of Zambia,” said Rev Matale.
The ministers alleged to be in non-compliant with the ministerial code of conduct are Davies Chama (defence), Lawrence Sichalwe (chiefs and traditional affairs), Ronald Chitotela (tourism and arts), Lazarus Chungu (Northern Province), Sydney Mushanga (Central Province), Charles Banda (local government), Godfridah Sumaili (religious affairs and national guidance), Michael Katambo (agriculture), Stephen Kampyongo (home affairs), Speaker Patrick Matibini, Matthew Nkhuwa (energy), Elizabeth Phiri (Gender), Nathaniel Mubukwanu (North Western Province), Dora Siliya (information minister and broadcasting), Jean Kapata (lands), Joseph Malanji (foreign affairs), Olipa Phiri (Office of the Vice-President), Dr Chitalu Chilufya (former minister of health), and Alexander Chiteme (national development and planning).
Others are Emmanuel Mulenga (youth, sport and child development), Kampamba Mulenga (community development and social welfare), Bowman Lusambo (Lusaka Province), Mutotwe Kafwaya (transport and communication), Christopher Yaluma (commerce trade and industry), Professor Nkandu Luo (fisheries and livestock), Bwalya Ng’andu (finance), Brian Mushimba (higher education), Sylvia Chalikosa (works and supply), Joyce Nonde-Simukoko (labour and social security), Freedom Sikazwe (presidential affairs), Vincent Mwale (housing and infrastructural development), Makebi Zulu (Eastern Province), Edify Hamukale (Southern Province), Richard Kapita (Western Province), Nixon Chilangwa (Luapula Province), Dennis Wanchinga (general education), Dr Jonas Chanda (health minister), Japhen Mwakalombe (Copperbelt Province), and minister of mines and mineral development Richard Musukwa.