Concourt ruling offside - Pep

THE Constitutional Court misdirected itself when it ordered that Cabinet Ministers who served outside the dissolution of Parliament prior to the 2016 elections must pay-back the money they earned during the period in question, says Patriots for Economic Progress (PeP) president Sean Enock Tembo. Mr Tembo said while they agreed with the Court’s position on violation of the constitution by the ministers when they over-stayed in office, the Constitutional Court could not issue sanctions at the individual ministers by ordering them to pay back the money. He charged that it was obvious the ministers were not in office by their own selves, nor did they get paid for doing nothing, but that they held those position for public service. “It is common cause that a Cabinet Minister does not serve at his own pleasure but at the pleasure of a Republican President. “It is also inconceivable that if ordered to report for work by a President, a Cabinet Minister can refuse to do so on the basis of one’s own interpretation of the constitution, and still keep their job,” he said. The PeP leader explained that the ministers worked for the Government during the period in question, and did so in good faith and so must be remunerated accordingly. He said it was therefore unfortunate that the Courts should decide the make such an order against pubic workers who worked as casual workers for the Government during the period their offices could have been vacant. Mr Tembo said while they appreciate the origins of the Constitutional Court as having been established recently, it was prudent to quicken the process of finding its feet so as to ensure public confidence in their decisions. “As a court of final instance, the fatality of the decisions of the Constitutional Court cannot be overemphasized,” he said. Last week, the Constitutional Court delivered a landmark judgment denouncing a Presidential appointment as illegal, while ordering the said appointees, in this case minister and their deputies to pay back all emoluments they received during the said period they served as public officers.