Lusaka lawyer Wilson Mweemba says President Michael Sata has broken the law by swearing in people in non-existent ministries.
Mweemba also explains that the president also breached the constitution when he conferred four State Counsels to lawyers instead of the three (3) provided for each calender year.
Mweemba cited the following Constitutional Provision:
“44. (1) As the Head of State, the President shall perform with dignity and leadership all acts necessary or expedient for, or reasonably incidental to, the discharge of the executive functions of Government subject to the overriding terms of this Constitution and the Laws of Zambia which he is constitutionally obliged to protect, administer and execute.
(2) Without prejudice to the generality of clause (1), the President may preside over meetings of the Cabinet and shall have the power, subject to this Constitution to-
(e) establish and dissolve such Government Ministries and departments subject to the approval of the National Assembly.”
As you can see, the establishment of Ministries and Departments should legally and logically come before appointment of the Ministers to those ministries.
Unless there has been amendment to the Legal Practitioners Act, section 18 stated,
“18. (1) Subject to the provisions of subsections (2) and (3), not more than three State Counsel for Zambia shall be appointed in any one calendar year. (2)
The quota for a calendar year fixed under subsection (1) may be increased up to the aggregate number by which the number of State Counsel for Zambia appointed in any preceding year or years falls short of the number arrived at by counting three for each year from the 31st March, 1972.
(3) The appointment of a State Counsel for Zambia by virtue of his appointment to the office of Attorney-General shall not be considered as an appointment for the purpose of subsection (1) or (2)”
President Michael Sata Tuesday de-linked the labour portfolio from the Ministry of Information of Broadcasting and also de-linked the Tourism portfolio from the Ministry of Foreign Affairs thereby creating two new ministries.
Sata further conferred the dignity of State Counsel on four advocates of the High Court of Zambia.
The advocates are John Mulwila, Mwikisa Mukande, Emmanuel Mwansa and Mwila Chitabo.