Reversing ConCourt decision on ministers' stay will normalise impunity - Micheal Kaingu
Reversing ConCourt decision on ministers’ stay will normalise impunity – Kaingu
By Chinoyi Chipulu
Former Higher Education minister Micheal Kaingu says revisiting the Constitutional Court’s decision that declared 63 PF cabinet ministers and provincial ministers stay in office illegal, after dissolution of parliament in 2016 will set a dangerous precedent.
And Kanchibiya Constituency member of parliament Sunday Chanda said as it was established in the eligibility case, the Constitutional Court could review its own decisions to arrive at another binding decision which becomes law.
Kaingu, who is also Emeritus Parliamentarians in Africa for Democratic Governance president said doing so would normalise impunity and reward constitutional violations in the country.
He was commenting on a petition filed by lawyer, Miza Phiri in the Constitutional Court, which seeks to revisit its decision of declaring that PF cabinet and provincial ministers illegally held office after Parliament was dissolved and were ordered to pay back the monies they received.
In 2016, then UPND secretary general, Steven Katuka and the Law Association of Zambia (LAZ), sued the Attorney General and 64 ministers and deputy ministers for staying in office after parliament was dissolved.
But recently, Phiri petitioned the Constitutional Court to revisit its decision arguing that the Court failed to interpret Articles 29 and 30 of the Constitution, leaving critical gaps in understanding the roles of cabinet ministers during the dissolution period.
The petition has brought public debate with some people alleging that the UPND used Phiri as a proxy so that UPND ministers could stay in office after dissolution of Parliament next year.
Responding to the allegation, UPND deputy secretary general Getrude Imenda said former president Edgar Lungu and his camp were the ones who would benefit, if ministers’ stay judgment was reversed.
But Kaingu said the argument by Phiri that Articles 29 and 30 were not properly interpreted lacked merit.
“With due respect to the constitutional processes and the independence of the judiciary, I am opp
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