LAZ takes back to Constitutional Court matter of Auditor General
LAZ TO RETURN TO COURT TO ADDRESS GOVERNMENT’S CONTINUED VIOLATIONS OF THE CONSTITUTION
The constitutional provision relating to the office of Auditor General
The Law Association of Zambia (LAZ) notes with deep concern Govemment’s continued failure to takecorrective measures in line with constitutional requirements regarding the appointment to the office of Auditor General of the Republic of Zambia.
As members of the public will recall, in March 2025, LAZ took the issue of the appointment of theActing Auditor General, Dr Ron Mwambwa (AG), to the Constitutional Court.
The action wasprimarily to challenge the constitutionality of the appointment of the AG in September 2023 by the Republican President and his continued occupation of the said office without parliamentary ratification
or requisite recommendation by the State Audit Commission. We contend that, not-withstanding the above, he in fact did not qualify to hold the office on account of being above the prescribed age of Sixty
years.
LAZ’s contention was that the purported appointment of the Acting Auditor General announced by a Press Release issued by State House dated 25th September 2023, was a violation of Articles 249(1), 252(1) and 259(1 Xa) of the Constitution (Amendment) Act No. 2 of 2016 as read with Section 2 of thePublic Audit Act.
These provisions make it mandatory for any person empowered to make a nomination or appointment to a publie office, in this case, the President, to ensure that the person nominated or appointed is qualified to discharge the functions of the office they are being nominated or appointed to.
Following engagements between LAZ and Govemment, and a meeting held with the Solicitor General, on 30th May 2025, the parties reached an understanding that Government would urgently address the issues raised in the petition including the issuance of commencement orders for the State Audit Commission Act, the Public Audit Act as well as appointment of the substantive office holder to the office of the Auditor General, in accordance with the Constitution.
In good faith, and on the strength of those undertakings, LAZ diseontinued the petition before the Constitutional Court. Unfortunately, Government has failed to fully implement the agreed undertakings,
and Dr. Ron Mwambwa continues to act as the Auditor General of the Republic. He continues to irregularly draw emoluments and enjoys other benefits for over three years from September 2023,despite repcated follow-ups by LAZ through its lawyers.
In light of the continued failure to implement the agreed undertakings by Govemment, LAZ has resolved to take the matter back to the Constitutional Court for appropriate appropriate pronouncements on this
critical matter touching on good governance.
The press release on a matter of national interest, good governance and public accountability, in defence of constitutionality, has been issued in furtherance of LAZ’s mandate under Section 4 of the Law Association of Zambia Act, Chapter 31 of the Laws of Zambia
This petition by the Law Association of Zambia is sound. Ronnie Mwambwa cannot be confirmed as auditor-general on account of age. He was a long-serving deputy auditor-general of the first female auditor-general Anna Chifungula. After her retirement, Mwambwa was for some reason not confirmed by the PF government and worked in an acting capacity for close to five years. He left in frustration when the government of Liberia head-hunted him. That’s the rather strange circumstances of Mwambwa. He worked as auditor-general in a foreign country but his own Zambia could not confirm him in the same position.