SECRETARY TO CABINET DIRECTIVE TO CIVIL SERVANTS AND PUBLIC OFFICERS TO RESIGN IS UNLAFWFUL – DICKSON JERE
“It contradicts the Constitution and the Electoral Law”
Political Civil Servants
By Dickson Jere
Civil servants – including those in judiciary and foreign service – wanting to contest next year’s elections have been given until November 30, 2020 to quit their jobs.
This is a good move by Secretary to Cabinet Dr. Simon Miti as it will protect the integrity of the civil service – which ideally ought to be nonpartisan.
Some civil servants have been using their positions (especially Permanent Secretaries and District Commissioners) to campaign in some constituencies thereby disadvantaging their competitors. So, the circular is timely and welcome.
And those political civil servants ought to think properly when making decisions to quit because adoption is not guaranteed.
Unless one is sure of the support and popularity on the ground or aims to stand as independent candidature, better keep the job!
Back to the circular.
The only downside of the decision is that *it may not be legally binding* on the political parties and Electoral Commission of Zambia (ECZ).
Yes the government circular is law and binding. (See case of Attorney-General v Steven Luguru on legal effect of circulars).
What will happen when one does not resign until few days before elections?
Will his nominations be invalid if adopted by a political party or indeed file his candidature as independent?
The qualification and disqualification of candidates is in the Constitution of Zambia and electoral laws.
Will political parties be proscribed from adopting civil servants who stayed the course despite the circular?
The only closest we ever got with this issue was Bill 10 when it was proposed that civil servants should resign two years prior to joining politics.
Food for thought…but nonetheless good move by Dr. Miti – Secretary to Cabinet.