KAFWAYA BACKS LAZ’S LAWSUIT AGAINST AUDITOR GENERAL MWAMBWA’S ‘UNCONSTITUTIONAL’ APPOINTMENT
…as the lawmaker warns Second Deputy Speaker Moyo that his time is coming too
Friday March 21, 2025 (SmartEagles)
LUNTE Member of Parliament Hon Mutotwe Kafwaya has backed the Law Association of Zambia (LAZ) following their legal action against the Attorney General regarding Auditor General Ron Mwambwa’s continued unconstitutional stay in office.
LAZ, through its president Lungisani Zulu, has asked the Constitutional Court to declare the Presidential appointment of Mr. Mwambwa as Auditor General illegal and is seeking an order for him to immediately cease performing the functions of and vacate the office of Auditor General of the Republic of Zambia.
LAZ is further seeking an order that all the salaries, allowances and all other emoluments drawn by Mr Mwambwa from government coffers by virtue of his occupying the office of Auditor General, be forthwith paid back to the Treasury.
And Hon Kafwaya has commended LAZ for taking the bold step to address what he described as an unconstitutional appointment that has long been a source of concern.
He has emphasized the need for Mr Mwambwa to be made to pay back all the emoluments he may have accrued during his supposed unconstitutional stay in office in the same manner that some former PF ministers were compelled to pay back when the court ruled that they stayed in office unconstitutionally in 2016.
Speaking at a weekly media briefing today, he emphasized that there are clear constitutional requirements for holding such an office and Mr Mwambwa fails to meet them.
“There is a constitutional requirement for one to qualify for that office, and Ron does not qualify. There is nothing anyone can do to make him qualify,” Hon Kafwaya stated firmly.
He notes that from the time Mr Mwambwa was appointed, several members of the opposition had been persistently urging the ruling UPND to remove him from office but the government had refused to act.
“If they love him so much, they can appoint him as Permanent Secretary, District Commissioner, Ambassador, or any other position. But they have refused to take action and now the matter has ended up in court,” Hon Kafwaya stated.
He has expressed his relief and satisfaction with LAZ’s decision to take the matter to court, stressing the importance of addressing the issue of individuals holding office unconstitutionally.
The lawmaker reminded the nation of the time when former government ministers under the Patriotic Front (PF) were ordered to refund the money they had earned while occupying offices unconstitutionally.
“Other people sitting in offices unconstitutionally should also know that their time is coming too,” Hon Kafwaya added. “And I have in mind Second Deputy Speaker Moses Moyo who is in office unconstitutionally because there is a clear Constitutional Court judgement that he does not qualify for that role given that he does not belong to any political party.”
He has warned that Mr Moyo might be thinking that he is protected but a time is coming when he will be made to account because there are people who will pursue these matters.
“Don’t think Ron is foolish. Your actions will also not go unnoticed and just like him, I can assure you that what you are earning now will be demanded by the Zambian people. The privileges you have acquired as Second Deputy Speaker will be nullified, and you will pay back,” Hon Kafwaya said.
Hon Kafwaya says upon the issuance of the court judgment that questioned Mr Moyo’s eligibility, he should have resigned and tell the appointing authorities that he doesn’t qualify so as to allow the people of Luangeni Constituency to be properly represented.
The Lunte MP has further assured Mr Moyo and others in similar positions that time will come for them to be held accountable for their actions adding that should they be removed from office without facing consequences, he and others would not hesitate to take legal action to ensure that they repay the money they unlawfully earned.
“If they just remove you without making you pay, some of us will go to court to make sure that you pay in the same manner that other people have been made to pay,” he declared.
#SmartEagles2025