Constitutional court maintains that former ministers must refund illegal salaries

Constitutional court maintains that former ministers must refund illegal salaries


The Constitutional Court has ordered former cabinet ministers to pay back to the national treasury the salaries and allowances they got whilst Parliament was dissolved.

The Court also ruled that the Attorney General had no right to represent private persons in a case of this nature.

In August 2016 the Constitutional Court had ruled that Ministers and their Deputies were in office illegally following the dissolution of Parliamentin May 2016.

The Ministers and their Deputies were ordered to pay back all the salaries and other allowances they illegally accrued.

The Constitutional Court added that Edgar Lungu was wrong to maintain the Ministers in office after the dissolution of Parliament.

The court had further ruled that the PF ministers should vacate office with immediate effect and must repay back all the monies such as allowances and salaries they have been getting since Parliament was dissolved.

The ministers appealed to the full bench of the constitutional court.

In June, the Constitutional Court refused to grant the Law Association of Zambia (LAZ) an interlocutory injunction restraining Cabinet ministers and deputy ministers from continuing in office and receiving their emoluments.

In this case, LAZ had petitioned the Constitutional Court to declare that continued stay of ministers and deputy ministers in office after dissolution of Parliament is illegal and that they should pay back any monies they will be paid as a result.

The association had applied for an interim relief restraining the ministers from holding themselves as such or purporting to occupy the said offices.

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