HAMASAKA’S POSITION IS ILLEGAL
By Amb. Emmanuel Mwamba
I noticed an interesting debate between Mr. Clayson Hamasaka and Mr. Harry Kalaba.
Citizen First President Harry Kalaba has charged that the positions held by Clayson Hamasaka at State House and Thabo Kawana at Ministry of Information and Media do not exist in Government’s Establishment managed by Cabinet Office and Public Service Management Division establishment.
Mr. Kalaba has also disclosed that the former Special Assistant for Press and Public Relations, Mr. Anthony Bwalya was made to submit hand-over notes to the President, Deputy Secretary to Cabinet and to Mr. Clayson Hamasaka wondering in what capacity a junior officer like Hamasaka would be copied in such communication.
Mr. Kalaba has called on President Hichilema to regularise the illegal position of Mr. Clayson Hamasaka.
HAMASAKA RESPONDS
On the other hand, Mr. Hamasaka has responded emphasising that his position is legally established and enjoys treasury authority from the Ministry of Finance.
Hamasaka has stated that if his position did not exist in the Establishment at State House, then it has since been created by President Hakainde Hichilema using Article 92(2) (f) of the Republican Constitution.
He has cautioned Mr. Kalaba not to discuss public matters from what he alleges as a point of ignorance.
MY TAKE
Let’s confine ourselves to the media section at State House as provided for and as it exists in the State House establishment approved by PSMD and Ministry of Finance in the last 30 years.
The head of the section is the Special Assistant for Press and Public Relations. Like other Special Assistants to the President, the structural position is equivalent to the position of Deputy Secretary to Cabinet.
POSITION OF SPECIAL ASSISTANT FOR PRESS AND PUBLIC RELATIONS
The office holder has to be sworn-in by the Republican President.
This position was recently held by Mr. Dickson Jere, Mr. George Chellah, Mr. Amos Chanda and Mr. Isaac Chipampe.
Under the Special Assistant, is the position of Chief Analyst, who is also sworn-in by the President.
CLAYSON HAMASAKA’S POSITION IS ILLEGAL
When President Hakainde Hichilema appointed Anthony Bwalya as Special Assistant for Press and Public Relations, Bwalya took Oath of Office and was sworn-in.
But later Hamasaka came in the picture, and the mechanism of his appointment remains opaque.
The Press Office under State House Establishment as created by Management Development Division (MDD) and PSMD is as follows:
1. Special Assistant for Press &Public Relations.
2. Chief Analyst(s).
3. Presidential Photographer.
4. Photographers.
However, Hamasaka called himself State House Director of Media and recently Chief Communications Specialist.
We must note thay Hamasaka has not been sworn-in by the President.
This may mean that his position is far junior than that of Special Assistant or Chief Analyst.
This is where the problem arises.
Because of their proximity to the Head of State, it is mandatory that both Special Assistants and their deputies take Oath and are sworn-in by the President for the purposes of securing state secrets, classified information and because of their access to presidential meetings such as Cabinet Meetings that are classified.
To allow such unsworn-in officers that have not taken the Oath of Office to work in the inner Office of the President presents serious technical challenges to institutions such as Cabinet Office and the Zambia Security Intelligence Services (ZSIS) that guide and man the Office of the President.
Hamasaka claims that the President has created his position. It must be stated that the President’s constitutional powers are not Carte Blanche but are embedded and guided by subsidiary legislations, rules, regulations and practice.
Further the President does not create positions for individuals.
He creates positions that can be filled by any person qualified to hold such an office and in exercising his discretion, he must cast wide his net to pick the best candidate informed by other values such as balancing gender, age, and diversity.
Having persons as officers at the heart of State House without taking oath and without being sworn-in is dangerous and careless for the Presidency and the country.
CONCLUSION
Earlier in his Presidency, President Hichilema created a constitutional crisis when he created new ministries and appointed Ministers to those new ministries without the approval of Parliament as directed by the Constitution.
Their taking of office and swearing-in was delayed until Parliament ratified his propasals.
However, Hamasaka is not the only stranger at State House as the lawlessness extends to other officials from Brenthurst Foundation and Tony Blair Africa Governance Initiative (now called Tony Blair Institute for Global Change).
If the President has recreated the Press Office establishment, it will be interesting to see what authorities he has used and the subsequent approved structure.
I agree with Hon. Harry Kalaba that President Hichilema must respect the constitutional guidelines of his office and flush out these strangers freely interacting with state secrets, confidential materials and attending classified meetings.
