LAZ has asked the ConCourt to declare Ron Mwambwa as Auditor General was illegal

THE Law Association of Zambia (LAZ) has asked the Constitutional Court to declare that Presidential appointment of Ron Mwambwa as Auditor General was illegal.

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Through its president Lungisani Zulu, LAZ seeks an order that Mr Mwambwa immediately ceases to perform the functions of, and vacates the office of the Auditor General of the Republic of Zambia.

LAZ also seeks an order that all the salaries, allowances and all other emoluments drawn by Mr Mwambwa from the revenues of the Republic by virtue of his occupying the office of Auditor General, be forthwith paid back to the coffers of the Republic of Zambia.
The Association further wants the court to declare that the recommendation by the Audit Commission and subsequent appointment of Mr Mwambwa as Auditor General by the President, is ultra-vires of Articles 249(1), 259(1)(a) as read with Article 252(1) of the Constitution.
It also seeks a declaration that the taking of, and continued occupation by Mr Mwambwa, of the office of Auditor General without parliamentary ratification is ultra vires Articles 1(2), 2(b), 249(1) and 95 of the Constitution as read with Section 2 of the Public Audit Act, hence illegal.

In the petition, Mr Zulu submits that the appointment of an Auditor General is done by the President, acting upon the recommendation of the State Audit Commission and subject to ratification by the National Assembly.
He said on September 25, 2023, President Hakainde Hichilema appointed Mr Mwambwa to the office of Auditor General, subject to ratification by the National Assembly.

“This was communicated by way of a Press Release issued on the same day by the State House Chief Communications Specialist on the same day.

“That from information available in the public domain, the 2nd Respondent [Mr Mwambwa], who was born on 15th August 1959, was 64 years of age at the time of the announcement of his appointment as Auditor General.
“There is now a copy of a deposition made by the 2nd Respondent, clearly stating his age, obtained from a digital media of wide circulation,” Mr Zulu submits.

He adds that by virtue of his age, Mr Mwambwa is disqualified from being appointed Auditor General and therefore, his appointment was a constitutional violation.

“Your petitioner avers that the purported appointment of the 2nd Respondent to the office of Auditor General by the President is a violation of Articles 249(1), 252(1) and 259(1)(a) of the Constitution’ as read with Section 2 of the Public Audit Act.

“The appointment of the 2nd Respondent, who at the material time, had attained the age of 64, entails that his recommendation by the Public Audit Commission and subsequent appointment by the President, contravened and continue to contravene Articles 259(1)(a) as read together with Article 252(1) of the Constitution of Zambia in that the 2nd Respondent,by virtue of being above the age of sixty (60) years, prescribed as the retirement age of the Auditor General, was, and remains disqualified for appointment to that office”.

Mr Zulu adds that the failure or neglect by the appointing authority, to submit the 2nd Respondent to the National Assembly for ratification is a contravention of Article 249(1) as read with Article 95 of the Constitution.
The lawyer submits that despite his appointment being subject to ratification by the National Assembly, Mr Mwambwa has, since 2023, occupied, and continues to perform the functions of the Auditor General without the requisite ratification.
(Mwebantu, Thursday, 20th March, 2025)