Parliament ratifies Presidential appointment of Mrs Mayaka as new Clerk of the National Assembly of Zambia to replace the late Mr Roy Ngulube
By Hon Sunday Chanda
In a space crowded with propaganda and half truths, I have taken it upon myself to provide context on different whenever I get the opportunity.
Article 84(1) of the Constitution provides that –
“84. (1) There shall be a Clerk of the National
Assembly who shall be appointed by the Parliamentary Service Commission, subject to ratification by the National Assembly.”
Article 218 (1) of the Constitution establishes the Parliamentary Service Commission.
The Constitution further provides that the Parliamentary Service Commission shall — appoint the Clerk of the National Assembly;
constitute offices in the Parliamentary Service; appoint, confirm, promote and hear appeals from officers of the Parliamentary Service; ensure efficient and effective functioning of the National Assembly; have financial oversight of the Parliamentary Service and the National Assembly; and perform such other functions as prescribed.
Although the Parliamentary Service Act No. 12 of 2016 has been enacted, the Act has not yet commenced as there is no Commencement Order to bring the Act into force. This implies
that the qualifications for appointment as Clerk set out in the Parliamentary Service Act have no force of law in the absence of the commencement order. Therefore, the appointment the Clerk is virtue of the applicable provisions in the existing laws as provided for under section 6(1) of the Constitution of Zambia, Act No. 1 of 2016 which provides that –
“6. (1) Subject to the other provisions of this Act, and so far as they are not inconsistent with the Constitution as amended, existing laws shall continue in force after the commencement of this Act as if they had
been made in pursuance of the Constitution as amended, but shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the Constitution as amended.”
This section applies as read with section 21 of the Constitution of Zambia Act No. 1 of 2016, which provides that –
“21. Subject to section six, where an Act of
Parliament is required to give effect to an Article of the Constitution as amended, that Article shall come into effect upon the publication of the Act of Parliament or such other date as may be prescribed by, or under, an Act of Parliament.”
In the absence of the existence of the Parliamentary Service Commission Act, therefore, the legal authority to appoint the Clerk is as provided in the existing law regarding the appointment of the Clerk of the National Assembly which is the National Assembly Staff Act, Chapter 257 of the Laws of Zambia, which provides that –
“3. (1) There shall be a Clerk of the National
Assembly who shall be appointed by the President: Provided that no person shall be appointed as Clerk unless a proposal for the appointment of that person has been submitted to the Assembly and the Assembly has resolved that he should be so
appointed.”