By Amb. Emmanuel Mwamba
Petition against Ministers’ stay in office after dissolution of Parliament was a court action started by the UPND.
UPND Secretary General, Steven Katuka and the Law Association of Zambia, sued the Attorney General and 63 Ministers.
He was represented by Keith Mweemba of Keith Mweemba Advocates and Gilbert Phiri ( current DPP) of PNP Advocates.
So what has changed? Why begon and pursue a case like that which a give death nail blow and render a Constitutional Court that is struggling for credibility and deemed an extended appendage of State House.
President Hakainde Hichilema must stop these machinations as they are sinking our democracy and opening the country to an unkown and unmarked road that will lead to only one state; anarchy and chaos.
The brief background of this case is that the 2nd Petitioner,
Stephen Katuka, filed his petition against the Attorney General of the Republic of Zambia.
He did so in his capacity as Secretary General of the United Party for National Development (UPND) as a matter of public
interest and as a person with interest in what he termed to be matters
inconsistent with the spirit of the Constitution.
The Petition was filed pursuant to Articles 2 and 128(3) of the Constitution as amended Katuka sought the interpretation of the Court whether,
pursuant to Articles 72 (1), 81, 111(4) (c) and 116(3) of the Constitution of
Zambia, the Vice-President and Cabinet Ministers of the Government of the
Republic of Zambia can continue holding their ministerial positions and
continue to enjoy benefits associated with their portfolios and draw salaries
and allowances, among others.
He therefore claimed the following reliefs from the Court against the Attorney-General.
The Court ruled in favour of UPND and the Law Association of Zambia;
“To put it in its proper context, the Ministers cannot be said to be discharging the functions of their offices to entitle them to any payments, as
appointments to the said offices ceased upon the dissolution of Parliament
on 11th May, 2016.”
“We would have agreed with the Solicitor General’s
argument if the Cabinet Ministers and Provincial Ministers were appointed from outside Parliament as was initially proposed in the Bill that was tabled and considered by the National Assembly.”
“This is what was envisaged by
Articles 116 and 117 prior to the amendment to Articles 116 (1) and 117 (1). Remaining in office after the dissolution of Parliament was tied to the
Ministers and Provincial Ministers being appointed outside Parliament so
that the dissolution of Parliament would not have had an effect on their
continued stay in office until the President- elect is sworn into office”
