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OPINION: ConCourt Ruling on Ministers Progressive

While everyone is going on blabbering about Zimbabwe and Robert Mugabe the Zambian mass has not stopped to reflect on one of the monumental rulings to have come out of the Zambian judiciary. It is monumental in the sense that should it be applied it could set a template on which government leaders will abide by.

The landmark decision was initially delivered on August 8, 2016 that the ministers vacate office and refund the treasury what they used during the period they served illegally in office after parliament had been dissolved. Just in case anyone has forgotten the Constitutional Court had ruled that the ministers and their deputies vacate office with immediate effect and repay all the monies such as allowances and salaries they had been getting since Parliament was dissolved.

Two months earlier the Constitutional Court had refused to grant the Law Association of Zambia (LAZ) an interlocutory injunction restraining Cabinet ministers and deputy ministers from continuing in office and receiving their emoluments.
However the former ministers had the Attorney General back them by challenging the decision.

But the Constitutional Court has stood its ground and maintained that the 64 ministers who stayed on in office after the dissolution of Parliament in 2016 must pay back the money they received during the period they illegally occupied their positions.

Attorney General Likando Kalaluka was reminded that since the said officials were no longer government ministers he had no right to represent them as it was now a private matter.

A panel of five Constitutional Court Judges made the ruling which was delivered by Judge Margaret Munalula and dismissed Kalaluka’s application saying it was against public interest that he was seeking to represent the ministers.

So what with such a landmark ruling that Zambians should be at the top of queue fuelling the unfolding Zimbabwe soap opera. Surely these are matters that should rile the Zambian public enough to demand refunds from former cabinet ministers.

Here is a case that could provide a reference point for current and future cabinet ministers to learn never to use public resources for politics. Imagine how much the country could recoup if this money is repaid by 64 former ministers and their deputies? How many times have the public complained about government ministers using public resources during campaigns?

Could this not be an opportunity to bury this matter once and for all? Why can’t people be so angry about the manner their money is abused instead of priding in idle gossip about what Mugabe is going to do next? Why not follow through progressive judicial landmark that should make every Zambian proud and instigate a sense of demanding justice from politics for once?

12 Comments

  1. King David

    It simply shows incoptence

  2. Hotness

    All those ministers who remained in office after the dissolution of Parliament are a gang of thieves. Let them pay back our tax payers they stole from us.

  3. Dominic

    I personally fail to understand the legality of this matter.All Ministerial Positions exist to the pleasure of the President.He appoints people to occupy these positions which under normal circumstances as patriotic citizens one is expected to accept with thanks to the appointing authority.The Court should have directed its anger to the President since by default,the Court is indirectly saying the President was breaking the Constitution by remaining in Office and appointing people to help him run Government.If as President he cannot be dragged to Court,then his appointments at this point can equally not be faulted by a court without penalizing him for the appointments he should not have made.The Ministers concerned should seek audience with the President for the way forward.

  4. As

    Mps tell the one told you stay in the office why they sideline him?

  5. SIYUNDA SIMAKANDO SIMALOYA

    kikikikikiki!!!! what a kankooon!

  6. Christopher Kabwe

    Do we have an effective system to implement the Con Court ruling in Zambia? I doubt……

  7. Hm

    The President has that immunity at the moment.the ministers should pay back as ordered by the concourt.as for ecl time will come.

  8. concourt

    Even lungu has never left office, he must pay back the salary,why have they left him?

  9. Dickson Luwisha

    The Attorney General, who is the Chief Government advisor must resign on moral grounds.
    He is the one who mislead the former ministers.
    Lungu also is to blame. As a trained lawyer himself as he claims, must interpret the constitution well before the Concourt could have made this discission.
    Let them pay back the money which they stole from the treasury. They used the same money for campaigns which they won. Already that was an electoral malpractice and ECZ is busy preaching that elections were free and fair.
    Where is Esau Chulu and Priscilla Isaacs?

  10. mulase

    If the ministers wea not supposed to be in office going by the concourts ruling during the said election.. Y can’t those who won the same election lose there seats because they had peculiarly advantage over there opponents.Ordering the culprits to simply pay back is a mockery to the electoral code of conduct. This is likened to telling a thief to return the stolen money without any punishment.This is a breach of the worst kind and a mockery to the pipo of Zambia. I was in the campaign team for PF that time and it was evident that the money we used to campaign is the same money in question. Wat an imbroglio ruling!

  11. mercutio

    Comment:Soon than sooner time is moving timly for every event…Even a dog has got its day to eat meat instead of bone…2021 for real change ever..!

  12. Mtc

    100% wrong and face decision. Only minions can support. Let the employer pay back from were he got the same money, let him responds to this matter. Guys there are real issues not this face one. Taxation, levies so many which as become a day robbery from tax payers pockets. Twalilaaaaa pf please be mindful u are not the first or last government. Development yes, but not yet developed we are developing country so take care with fundraising ventures.

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