NKOMBO TO BE PROSECUTED
NOTICE OF INTENTION TO COMMENCE LEGAL PROCEEDINGS IN THE HIGH COURT OF ZAMBIA AGAINST MR. GARRY NKOMBO-Minister of Local Government & Rural Development
Date: 06/05/2022
TO: MR. GARRY NKOMBO (yourself), MINISTER OF LOCAL GOVERNMENT AND RURAL DEVELOPMENT
FROM: THE ECONOMIC FREEDOM FIGHTERS-EFF Party
48 HOURS ULTIMATUM TO PUBLISH THE 2022 CDF APPROVED PROJECTS LIST ACCORDING TO ZAMBIAN LAW AND DEMAND TO END OF MR. GARRY NKOMBO’S CONTEMPTUOUS ILLEGALITIES AND MALADMINISTRATION OF THE K4 BILLION CONSTITUENCY DEVELOPMENT FUND (CDF) AS CONTAINED IN SEC 15 (1)(2)(3)(4) OF THE CDF ACT NO. 11 OF 2018 OF THE LAWS OF ZAMBIA.
In the defense of our young democracy, we hereto put on record that the Minister of Local Government (yourself) Mr. Garry Nkombo is in serious breach of the Law of Zambia and thus turned the ongoing working at the Ministry of Local Government and Rural development regarding the management of the K4.009 Billion (K25.7 million CDF per constituency) into an Illegality following your failure to follow the law at the lapse of the 30th April 2022 Statutory Deadline to publish an approved List of CDF projects for the 2022 budget. We hereby give you an ultimatum of 48 hours to publish the Approved CDF project List as mandated by the Zambian Law failure to which we will seek legal redress in the High Court of Zambia.
Our submission is prompted by (yourself) the Minister of Local Government and Rural Development, Mr. Garry Nkombo’s reckless and blatant disregard for the Zambian Law contained in the Constituency Development Fund (CDF) Sec 15(1)(2)(3)(4).
The Minister (yourself) is in contempt of the Zambian Law as contained in the Constituency Development Fund -CDF Act No. 11 of 2018 of the Laws of Zambia on the following grounds:
1. FAILURE to publish a LIST of APPROVED PROJECTS under the CDF following the Statutory deadline that fell on 30th April 2022.
The Zambia law is clear and explicit in guiding that:
1. Sec(15)(1): a Committee shall submit to the Minister a proposed project list and the estimated costs of the proposed projects before the end of the month of March in each year in the prescribed manner and form to ensure timely release of funds.
2. Sec(15)(2):The Minister shall ensure that the projects on the proposed project list comply with the provisions of this Act.
3. Sec(15)(3): Subject to subsection (2), the Minister shall approve a proposed project list within thirty days of receipt of the proposed project list.
4. Sec(15)( (4): The Minister shall, on approval, publish in the Gazette, the project list.
As Economic Freedom Fighters (EFF) party, we are aggrieved and concerned that following the Statutory deadline of 30th April 2022 to publish an approved CDF Project list of the 2022 budget , the said Minister (yourself), Mr. Garry Nkombo, has acted ultravires to CDF Sec(15)(3) and Sec(15)(4) by:
1. Not approving a proposed project list within thirty days of receipt of the proposed project list according to CDF Act Sec(15)(3)
2. Not publishing in the Gazette, the approved project list according to CDF Act (15)(4)
In following with the aforementioned grounds, we hereby give you an ultimatum of 48 hours to publish the Approved project List as mandated by the Zambian Law failure to which we will seek legal redress in the High Court of Zambia. We fear that the Minister (yourself) is operating outside the Zambian Law and hence all subsequent dealings beyond this deadline are shroud in illegality and procedural impropriety. This is a serious assault on the rule of law and thus we will be seeking the indulgence of the Judiciary to help arrest and remedy this blatant abuse of power by yourself.
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Changala Siame Kasonde Mwenda C
Economic Freedom Fighters-EFF- Secretary General Economic Freedom Fighters-EFF- President
CC: State House, Judiciary, Media.