Maravi

LAZ sheds light on Cabinet jobs

LAZ sheds light on Cabinet jobs
Written by Nicholas Mwale and Constance Matongo
Thursday, November 13, 2008 8:26:54 AM

LAW Association of Zambia (LAZ) president Elijah Banda has explained that Cabinet appointments remain unaffected in the event of the death of the President until the successor makes some changes.

Commenting on the ruling by Speaker of the National Assembly Amusaa Mwanamwambwa in Parliament that the current Cabinet and any other person holding a position before the election would continue until the new President makes changes, Banda said the position taken by the Speaker in his ruling was well-founded and within the Constitution.

"My understanding is that the protest among other things was as a result of the continuing of nominated members of parliament and appointed Cabinet ministers in Parliament," Banda said. "Our view as LAZ is that the position taken by the Speaker is well founded and is within the constitution."

Banda said only the new President could make changes if he wanted to because it was his constitutional right to make reshuffles to his Cabinet.

"Their place in Parliament remains unaffected unless the new President decides to change as it is his prerogative to do so," he said.

Banda said the nominated parliamentarians and appointed Cabinet ministers took oath to the Office of the President and that in an event of the death of the President, they still remain attached to the office.

"It must be emphasized that the oath was taken when those people were appointed. That oath was to the Office of the President so even when the President dies, it is up to the new President to make his own changes if he wants," said Banda. "So we agree with the Speaker's ruling."

On Tuesday, Patriotic Front (PF) members of parliament walked out of the House after Speaker Mwanamwambwa ruled that there was nothing improper in appointing George Mpombo as leader of government business.

The PF parliamentarians led by party vice-president Guy Scott walked out of the chamber at 14:49 hours after the ruling by Speaker Mwanamwambwa that the current Cabinet and any other person holding position before election would continue until the appointing authority deems otherwise.

When deliberations resumed in Parliament, Speaker Mwanamwambwa announced that he had received communication from the government that defence minister Mpombo had been appointed leader of government business in the House.

After the announcement, Mpombo moved from his usual seat to occupy the Vice-President's seat amid shouts especially from the MMD.

But during the question for oral answer session, Scott stood on a point of order and asked Speaker Mwanamwambwa why Mpombo had been appointed acting leader of government business when the country had no Vice-President.

In his ruling on the matter, Speaker Mwanamwambwa said the country on October 30 elected a Republican President.

"Please note that Cabinet was not dissolved, there was the acting President, who you all know, who was carrying out the functions of head of state," Speaker Mwanamwambwa said. "Cabinet following the October 30 elections continues until the current head of state so wishes. Please also note that where you have proper systems in place, government or the Executive continues irrespective of the vacancy that may exist in that particular Executive. Though it may not be visible to your eyes, the position of leader of government business does exist and continues as notified."

After the ruling, the PF parliamentarians walked out of Parliament on grounds that they did not want to be part of unconstitutional proceedings.

Labels: CABINET, ELIJAH BANDA, LAZ

posted by MrK @ 8:28 AM