GEARS Commends ConCourt Decision on Ministers Paying Back Salaries

Government officials, stake holders, journalists and Patriotic Front (PF) supporters awaiting the arrival of President Michael Sata for the first official opening of the eleventh National Assembly at Parliament grounds in Lusaka on October 14, 2011 – Picture by Joseph Mwenda.

GEARS Initiative Zambia has said it is excited with the Constitutional Court’s decision not to entertain PF Secretary General Davies Mwila’s application in the matter where ministers were ordered to pay back money they received after Parliament was dissolved in 2016.

The ConCourt last Thursday refused to reopen and review its final order where 64 PF ministers who illegally remained in office after Parliament was dissolved ahead of the general elections were asked to pay back the salaries they received.

Mwila, on behalf of the ministers, asked the court to set aside part of its judgment that ordered the ministers to pay back salaries and allowances they obtained after the dissolution of Parliament.

This was in a matter where UPND, through its secretary general Steven Katuka, petitioned the Constitutional Court to order the 64 ministers to pay back all the money they got after Parliament was dissolved.

“GEARS Initiative Zambia commends the Con Court for not allowing PF’s SG Mwila’s forum shopping expedition on this case by standing firm on its earlier order, judgement and ruling on the need for the former Ministers to payback the salaries and allowances obtained during their illegal stay in office after the dissolution of Parliament. Had the court allowed this forum shopping by Mr. Mwila and reopened the case in which the same Court ordered that ministers who remained in office after the dissolution of parliament in 2016 payback the salaries and allowances paid to them during that period, it would have set a very dangerous Constitutional precedence,” GEARS executive director McDonald Chipenzi stated.

“With this latest development, GEARS Initiative Zambia expects all the 64 former ministers involved must comply to the directives and order of the court failure to which it will be setting a bad precedent not to comply with the Court Orders. Some of those ministers may be broke but that does not warrant their disregard of the Court order and a mechanism must be put in place to ensure that this money is pay within a prescribed time frame. Already, 3 years have gone by without these minister paying using delaying tactics but this should not allowed as it also undermines the authority of the judiciary presently and in future.”

He called on President Edgar Lungu to demonstrate leadership on this matter and instruct Secretary to Cabinet and the Secretary to the Treasury to put transparent mechanisms aimed at collecting all the outstanding monies from these ministers.

“We know that President Lungu is guilty of having misled these ministers (though ignorance of the law is no defence)Β  through his misinterpretations of the Constitution provisions at the time hence his seemingly encouragement to these former and serving ministers not to pay back the salaries and allowances. We shall not rest until the taxpayers’ money collected by these ministers is collected and well applied for the benefit of the general public,” stated Chipenzi. “To thisΒ  end, we shall be monitoring the presidential actions and utterances over this matter and observe whether or not the obstacle to realising this payback of our money to the national Treasury is the Presidency. Further, we want to caution those ministers former and serving that this matter is about them as individuals and hiding in the presidency will one day boomerang and explode in their faces once President Lungu leaves office. So let them pay now while their boss is in office and clear the public debt they accumulated out of their ignorance of the law.”


  1. Chungu

    We all know that they will not pay back because the President does not care. Lungu is simply the waste president this country has ever had

    • Leonard

      Nashala neka non governmental organization taking on state machinery by its horns kikikikikikikikiki

  2. Gangsta grabs

    Pay back time bitches and fuck you.Soka ngati munamwela nakutundisa Mumbi Phiri nakunyenga Mwanakatwe.

    • Mfwiti mfwiti

      Tonka tweende,push push push πŸ™„πŸ™„πŸ™„πŸ™„πŸ™„πŸ™„πŸ™„

  3. Diego

    It’s high time these thieves pay back what they stole in 2016

  4. Idiocy Detector

    One good reason why bringing back deputy ministers is rats madness which should never be entertained by normal people.

  5. Malambo of manungu

    Yah pay back the money you thieves you thought that this country belonged to your forefathers

  6. Abantu mucalo

    Pay back the money you thieves, its not your parental money

  7. Jackson k

    Nice ruling by the concourt,watch even 2021,these fools are likely to do the same

  8. Andrew

    Pay back time indeed. Yes there was a mistake on the part of the President, but i don’t think he is the reason for the Ministers’ failure to pay back. To err is human bane.

  9. Spade not Spoon

    Pay back the money and you speaker cadre, the impeachment motion must be tabled now, you have no more excuses.

  10. Razor

    The government will just release a fake statement that all previous ministers have paid back meanwhile not even one will pay back and the issue will die a natural death.

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