Musokotwane appointment legal - state

THE State has argued that the appointment of Finance minister Situmbeko Musokotwane before commencement of Parliament was legal.

Its basis is that a person can be legally appointed to the office of Minister and perform ministerial functions after dissolution of Parliament and after the general elections but before commencement of Parliament.

It states that this was because the only condition precedent to being appointed Minister is that one ought to be a Member of Parliament.

“A person becomes an MP through an election and upon being declared as such by a returning officer or being nominated by the President. Furthermore, an oath of office merely enables a MP appointed as Minister assume performing ministerial functions,” the State contended.

This is a matter where governance activist Isaac Mwanza has asked the Constitutional Court to give an interpretation of whether a nominated Member of Parliament can be sworn in as Minister and perform ministerial functions without having taken Parliamentary oath.Mr Mwanza wants the ConCourt to give its interpretation in terms of article 81 as whether one can legally be appointed to an office of minister and perform ministerial functions after dissolution of Parliament and before its commencement as was the case with Finance minister Situmbeko Musokotwane.

He has also questioned whether it is legal for the President or any other appointing authority to terminate employment of public officers without just cause and due process citing article 173(3) of the Constitution among other reliefs.

But Chief State advocate Josiah Simachela in an affidavit in opposition to affidavit in support of originating summons argued that the appointment and administration of Ministerial oath of office on Mr Musokotwane as Finance Minister by President Hichilema was properly and legally conducted.

Mr Simachela added that this was because the Finance Minister was a duly elected MP for the Liuwa Constituency following elections held on August 12, this year.

The State has also submitted that the President has power to terminate employment of a public officer without giving any reason because the power to appoint includes the power to remove.

The State also argued that the nominated MP is eligible to be appointed and sworn in as a Minister and perform executive functions.

Mr Simachela stated that the President had power to institute, create or abolish a public office without recommendations by any

Service commission and also that the power to create and abolish ministries vests in the President subject to approval by Parliament.

“We further pray that this matter be dismissed with costs to the respondent (Attorney General),” the State submitted.