Africa-Press – Zambia. The Constitutional Court this morning concluded the hearing of arguments on the appointment of Ministers and firing of civil servants. In this matter, Governance Activist, Isaac Mwanza sought the interpretation of the Court on the appointment of a minister after the dissolution of Parliament and before its commencement. Mr. Mwanza also asked the Court to determine whether persons can be nominated to a Ministry newly created Ministry which has not yet been approved by Parliament.
Mr. Mwanza further asked the Court to interpret whether public service workers can be removed from office without good reasons and due process through a hearing.
When the matter came up for hearing, Mr Mwanza argued that the life of Parliament commences when Members of Parliament are sworn in and ends upon dissolution of Parliament as per provision of Article 81(1) of the Constitution. He thus submitted that no Minister can occupy office when Parliament remains dissolved and has not yet commenced.
Mr. Mwanza also argued that persons cannot be nominated, sworn in and begin performing their functions in a newly created or merged Ministry before the Ministry is approved by Parliament.
And Mr. Mwanza has submitted that after 2016, public service workers are constitutionally protected from being removed from office without being given good reasons and subjected to a hearing as required by Article 173(3)(b) of the Constitution and the Employment Act.
Mr Mwanza said the powers of the President and other authorities to hire and fire are subject to provision the authority shows just cause and afford workers a hearing.
But Solicitor General Marshal Muchende argued that the President needed to appoint the Finance Minister because of the budget that was to be presented to Parliament.
Mr Muchende also called for a holistic interpretation of the Constitution and pleaded with the Court to reframe the question so that they focus could be the question on the exercise of executive powers by the President, a suggestion objected by the Petitioner. The Court has since reserved judgment to a later day to be communicated to parties.
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