WHY SECRETARY TO CABINET IS WRONG ON CIVIL SERVANTS RESIGNING
Bill 10 has proposed that Civil Servants and other public officers must resign 6 months before General Elections.
But Bill 10 is not Law yet.
Article 186 of the Constitution only requires a public officer seeking an elective position to resign only before filing for the position before the Electoral Commission of Zambia
Article 186 (1) ;
“A public officer who seeks election, or is appointed, to a State office shall resign.”
In the Constitutional jurisdiction, the Constitution of Zambia reigns supreme, no subordinate legislation or policy supersedes the Constitution, as seen in A. 1(1)
“This Constitution is the supreme law of the Republic of Zambia and any other written law, customary law and customary practice that is inconsistent with its provisions is void to the extent of the inconsistency.”