NGOs petition over Cabinet composition

THREE Non- Governmental Organisations (NGOs) have petitioned the Constitutional Court, seeking a declaration that the current composition of Cabinet and the Provincial Ministers is unconstitutional. Chapter One Foundation Limited, the Non- Governmental Organisations’ Coordinating Committee for Gender and Development Registered Trustees and Ms Harriet Chibuta suing in her capacity as executive director of Young Women in Action have cited the Attorney General as the respondent in the matter. They want the court to make an order of mandamus directing President Edgar Lungu to use his power under Article 72(3) (f) to revoke the nomination of all or some of the Members of Parliament (MP) he nominated and appoint new members to comply with the provisions of Article 259 of the Constitution. The petitioners also want the court to make an order of mandamus directing the President to, within 90 days, reconstitute the Cabinet to align the appointment procedures and composition with the constitutional requirements outlined in Article 259 of the Constitution. They contended that the actions of President Lungu in nominating the MPs and appointing the Cabinet and Provincial Ministers, neither reflect the gender parity considerations nor the equitable representation of youths nor disabled persons as contemplated by the constitution. According to the NGOs, the Head of State acted in an unconstitutional manner. The three stated that despite Parliament comprising 29 women, two youths and one person with disabilities, none of the 10 appointed Provincial Ministers is a woman, youth or persons with disabilities. They stated in the petition that of the 30 appointed Cabinet Ministers, only nine are female and none are either youths or persons with disabilities.