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HomeUncategorizedStatehouse mute on constitution breach over appointment of AG

Statehouse mute on constitution breach over appointment of AG

Concerns have been raised following the recent appointments and reshuffles by President Hakainde Hichilema – HH, specifically on that of the Auditor General – AG.

In a press release dated 25th September 2023, State House through the office of the president appointed Dr. Ron Mwambwa as Auditor General of the Republic of Zambia Subject to ratification by the National Assembly.

This however raised eyebrows by some members of the public who view his appointment as unconstitutional based on the retirement age prescribed for that office.

One such challenge over the constitutional breach came from prominent opposition politician Chishimba Kambwili who called out the appointment of Dr. Ron Mwambwa as an abrogation of the Zambian constitution, alleging that he does not meet the age requirement to occupy the office of Auditor General as Mwambwa is above 60 years of age.

In his Facebook live feed, Kambwili said Dr. Mwambwa is 63 years old, as opposed to the instruction given by the constitution that the Auditor General should retire at 60 years of age, which means no one above 60 years of age can be appointed to the office.

Kambwili quoted article 152 of the Zambian constitution saying “Subject to this article, the Auditor General shall retire office on attaining the age of 60 years” noted Kambwili.

When contacted by the Zambian Business Times –ZBT, Statehouse Chief Communications Specialist Clayson Hamasaka said he could not comment on the matter as he did not want to get involved in issues to do with Kambwili, and said it is up to parliament to ratify.

  Questions have however been asked about the quality of the vetting process. If this is true, how then was his name brought to the table for selection or appointment? When names are being recommended to the President for an appointment, a careful analysis, background, and qualifications check is to be conducted so as to present people who in all areas will qualify for the said office.

The Law Association of Zambia has promised to give a comprehensive statement on the matter but it remains to be seen how this appointment will pan on to ensure that Zambia upholds the constitution.