SHOULD ATTORNEY GENERAL REMAIN?
By Dickson Jere
The President today reopened the old wounds – the debate as to whether the Attorney General and Solicitor General should remain in office or not after there is a new President. Under Article 178(1) (b) of our Constitution, the two automatically lose jobs when a new President assumes office. They go with the President who appointed them!
You see, in 2003, I was among those appointed by President Levy Mwanawasa to obtain views countrywide and draft the country’s new Constitution under the auspices of the Mung’omba Constitution Review Commission (CRC). One of the thorny issue that we encountered was that of Attorney-General. By then, we had a hybrid system whereby the Minister of Justice (George Kunda then) also doubled as Attorney General.
Most Zambians wanted this role split and that Attorney General and Solicitor General should not be a politicians but rather professionals like Secretary to Cabinet. Our draft constitution went through a bit of butchering by differs processes and committees until we came up with the 2016 Constitution amendment, which remains problematic.
The President when he sworn-in the new Attorney General and Solicitor General, expressed concern that a new President is made to work without any legal advice, which is not a good idea. A new President certainly require legal advise during the transition period. I was privileged to have been a “runner” for President Rupiah Banda during the transition negotiations and noticed that gap. The views and guidance of the Attorney General was needed at that crucial point.
But then, those who advocated for the vacation of the Attorney General after new President opined that those who held the positions were politically-aligned. In short, despite being professionals, they tend to be linked to the ruling party and that particular President.
With hindsight and experience under the recent transition period, we may have to reconsider Article 178. We now have practical experience to refer to. The President has operated without Attorney General since he was elected. Some decisions cannot be made without the authority of Attorney General – such as contracts with the State.
Anyway, congratulations to my learned colleague Mr. Kabesha Mulilo and Marshal Muchende who will also, by virtue of office, be conferred with the rank and dignity of State Counsel. I know both. But more so the Solicitor General whom I first met at Munali Secondary School and we have remained close since then.
I hope they will initiate the process of law reforms including constitutional amendments to deal with the lacunas such as those of Attorney General vacating office when there is a new President.