Saturday, March 01, 2008

Dr Chongwe queries Levy's appointment of two ministers

Dr Chongwe queries Levy's appointment of two ministers
By Brighton Phiri and Patson Chilemba
Saturday March 01, 2008 [03:00]

Lusaka lawyer Dr Rodger Chongwe has described President Mwanawasa’s appointment of two agriculture ministers as gross abuse of public authority. Commenting on President Mwanawasa's decision to appoint Sarah Sayifwanda as second agriculture minister, Dr Chongwe said the President's action was unprecedented in Zambia and the Commonwealth as it was not supported by law.

"There is no provision in the Constitution or practice in either Zambia or Commonwealth where a President appoints two cabinet ministers to run one ministry," Dr Chongwe said.

"That is unprecedented to have two full cabinet ministers to run one ministry. That is an abuse that is impeachable by law."

Dr Chongwe reminded President Mwanawasa that his exercising the presidential powers to appoint and dismiss ministers was guided by the law.

He wondered why President Mwanawasa relieved former foreign affairs minister Mundia Sikatana on grounds of ill-health and yet decided to maintain agriculture minister Ben Kapita, who was equally facing problems of ill-health.

Dr Chongwe asked President Mwanawasa to immediately rescind his decision, saying it was not supported by law.

"This kind of abuse of power is unacceptable because if we leave it, we shall have a situation where five ministers run one ministry," he said. "President Mwanawasa's decision amounts to gross abuse of public authority."

President Mwanawasa last Friday said Sayifwanda would be working along with ailing Kapita.

President Mwanawasa explained that he had decided not to retire Kapita because he was not satisfied that he was sick beyond redemption.

But chief government spokesperson Mike Mulongoti said the Constitution gave the President power to create and abolish offices.

He said if Dr Chongwe was aggrieved, he should seek appropriate fora.

"I think what he should have done was to write to the President first on the issue, then if he doesn't get any appropriate response, then he can go to the courts," Mulongoti said.
Chongwe was legal affairs ministers under the Frederick Chiluba government.

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