GOVERNMENT SPOKESPERSON SHEDS MORE LIGHT ON THE APPOINTMENT OF THE 6 LIVING FORMER VICE PRESIDENTS AS PRESIDENTIAL ENVOYS
Highlights from the Press briefing held by the Minister of Information and Media and Chief Government Spokesperson Hon. Cornelius Mweetwa MP, in Accra, Ghana.
✅ President Hakainde Hichilema has appointed all six-living former Vice Presidents of Zambia as Presidential Envoys.
✅ The appointment of former Prime Ministers Malimba Masheke, Godfrey Miyanda, Enock Kavindele, Nevers Mumba, Dr. Guy Scott and Inonge Wina as Presidential Envoys has been done to address the plights of former Vice Presidents.
✅ Article 92 (2) (f) of the Constitution provides that without limiting the other provisions of this Constitution, the President shall appoint persons as having been required to perform special duties for the Executive.
✅ Government has taken note of claims suggesting that only two former Vice Presidents namely, Dr. Never Mumba and Mr. Enock Kavindele as has been appointed as Presidential Envoys by President Hakainde Hichilema
✅ Government would like to clarify that all the six living former Vice Presidents of the Republic of Zambia have been appointed as Presidential Envoys and that their duty mandate is ongoing that at any time, they can out of their own free will and volition be able to initiate communication with the president in an advisory role and capacity and/or be sent on special duties by the president.
✅ The role of former Vice Presidents should be construed as one which is ongoing day in day out thus commensurate and in line with their terms of reference.
✅ Government would like to indicate that the appointment of the former Vice Presidents is in line with the provisions of the law and that in trying to perfect and consolidate the decency of the office of the former vice president, further steps shall be put in place including legislative measures.
✅ The President has powers to appoint any person including a former Vice-President, as a Presidential Envoy, in order for a Presidential Envoy to perform any such special duties for the Executive.
✅The Executive authority of the Republic vests in the President, and as such, the President has further powers to confer special duties for the Executive on a Presidential Envoy.
✅ In this regard, Article 91 (2) of the Constitution, provides as follows: “91. (2) The executive authority of the State vests in the President and, subject to this Constitution, shall be 2 exercised directly by the President or through public officers or other persons appointed by the President.
✅The emoluments of a Presidential Envoy indicates that when a person is appointed as Presidential Envoy, their emoluments will be a charge on the Consolidated Fund, and that means that the office of a Presidential Envoy will be regarded as a public office, as provided for under Article 266 of the Constitution, which defines public office as follows: “public office” means an office whose emoluments and expenses are a charge on the Consolidated Fund or other prescribed public fund and includes a State office, Constitutional office and an office in the public service, including that of a member of a commission.
✅ Public officer is defined under Article 266 of the Constitution, as follows: “public officer” means a person holding or acting in a public office, but does not include a state officer, councilor, a Constitutional office holder, a judge and a judicial officer.
✅Further, Article 264 provides as follows: “264. (1) A public officer, chief and member of the House of Chiefs, shall be paid such emoluments as recommended by the relevant authority or commission and determined by the Emoluments Commission.
✅ The meaning of the above provision is that the emoluments of a public officer, which includes a Presidential Envoy, shall be determined by the relevant authority or a commission. In this case, since a Presidential Envoy does not fall under a commission, the emoluments have to be decided by the relevant authority.
✅In order to determine the office which is the relevant authority as envisaged under Article 264, reference will be made to Article 176 (2) (a) and (b), which states that – “(2) The Secretary to the Cabinet shall—
(a) Be chief advisor to the President on the management of the public service;
(b) Be the head of the public service and responsible to the President for securing the general efficiency and effectiveness of the public service.”
✅ As indicated earlier, a Presidential Envoy will not fall under a commission, and as such, their emoluments will be recommended by the Secretary to the Cabinet to the Emoluments Commission, and that is because the office of the Secretary to the Cabinet is the relevant authority, as envisaged under Article 264 (1) of the Constitution, as earlier indicated.
✅ The word emolument is defined under Article 266 of the Constitution, as follows: “emoluments” include salaries, allowances, benefits and rights that form an individual’s remuneration for services rendered, including pension benefits or other benefits on retirement.
✅ In the premises, it therefore follows, that pursuant to Article 92 (2)(f) of the Constitution, the President has the power to appoint a person, which includes a former Vice-President, as a Presidential Envoy who will perform special duties for the Executive. Furthermore, the emoluments of a Presidential Envoy shall be recommended by the Secretary to the Cabinet and determined by the Emoluments Commission.
Terms of Reference for a Presidential Envoy
✅ Having served as Vice President/Prime Minister, his/her mandate is to provide advice/guidance to the Head of State on various National/International issues of a complex nature.
In contributing towards safeguarding the National Interest of the country, the Envoy, would therefore, carry out the following responsibilities:
- Emissary
i. Communicate key/pertinent written or oral messages from the Head of State to his counterparts, or to a Foreign Government. - Advisor
i. On matters across the spectrum of National Policy and upon critical analysis of matters, the Envoy would provide relevant advice/recommendations for consideration by the Head of State.
ii. Could initiate, or contribute towards, the drafting of such messages from the Head of State.
- Negotiator
i. Serve as an unofficial representative to Non-State Actors over confidential issues, where the Head of State would require some intervention.
ii. Bring to bear matters that would not necessarily need to be addressed through a formal (Government) structure;
- Representative
i. In the absence of an Official Government for a Presidential assignment, the Envoy would serve as the Official Representative of the Head of State.