By Daily Revelation Editor
We agree with former Higher Education minister Michael Kaingu when he warns that reversing the Constitutional Court’s decision that declared 63 cabinet ministers and provincial ministers stay in office illegal, after the dissolution of parliament in 2016 will set a dangerous precedent
Straight on from the Chizombe petition that petitioned the Constitutional Court to reverse its earlier decision to allow former president Edgar Lungu to contest future elections, which the ConCourt granted in his favour by disqualifying Lungu from contesting future elections, no time has been wasted in filing in another petition, before the same court that now seeks to nullify the earlier court judgment on the ministers stay.
This time around, lawyer Miza Phiri, has filed a petition in the Constitutional Court, seeking to revisit its decision of declaring that the PF cabinet and provincial ministers illegally held office after Parliament was dissolved and were ordered to pay back the monies they received.
Many have already jumped to conclusion by linking the petition to the ruling UPND as seeking another favourable judgment to them, so that the ministers can be allowed to remain in office during the 2026 elections, to entitle them to all the benefits which come with that position, including using state resources in the campaigns. Many argue that after achieving their main goal of eliminating their main political threat in Edgar Lungu, they now want to ensure that they effect an uneven playing field for the 2026 elections that will favour them handsomely.
It goes without saying that the ConCourt opened a pandoras box when they went against established precedence in the Lungu-Chizombe case, because from there a lot of many other petitions will be filed before them, especially those bordering on serving the interests of the party in power.
We can’t really comprehend what influenced Miza to file that petition. However, we are sure that Miza knows the real motivation for doing the same. We can only speculate like all the other well-meaning Zambians out there. However, it goes without saying that the only people who stand to benefit from the petition if granted now are the ones serving as government officials, and the other narrow-minded politicians and partisans who think they have an opportunity to serve as ministers at some point.
Worth mentioning is the fact that it’s the UPND, which then as an opposition party through then secretary general Steven Katuka, who in partnership with the Law Association of Zambia (LAZ), sued the Attorney General and 64 ministers and deputy ministers for staying in office after parliament was dissolved.
The Court subsequently ruled in UPND and LAZ’s favour by ordering the ministers to repay all the monies they obtained for remaining in office, while parliament was dissolved.
We appeal to every well-meaning Zambian to rise and oppose this petition that has been filed to reverse the earlier judgement. President Hakainde Hichilema and his UPND team were very vocal against such abuses during their opposition days. However, we have noticed an eerie quietness from their ranks since this matter came to public light. The nation is interested to hear from them speaking loud and clear, in denouncing this matter and urging the Constitutional Court not to even entertain it.
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