13 November 2008
THE Law Association of Zambia (LAZ) has said the current Cabinet is legitimate despite ministers having not taken the oath of allegiance to President Rupiah Banda.
LAZ president, Elijah Banda said in a telephone interview yesterday that the current executive was legally in place.
Mr Banda, who is a State Counsel, was reacting to the decision by Patriotic Front (PF) Members of Parliament (MPs) to walkout of Parliament on Tuesday.
The PF MPs led by party vice-president, Guy Scott walked out of Parliament in protest against Speaker Amusaa Mwanamwambwa's ruling that the current executive was legitimate and should be allowed to carry out its mandate.
"The current Cabinet is legally valid despite the fact that President Levy Mwanawasa, who appointed the ministers is dead," Mr Banda said.
He said the ministers and the nominated MPs still carried the constitutional mandate until and unless President Banda revoked the appointments and nominations respectively.
On taking the oath of allegiance, Mr Banda said, ministers and other Government officials like permanent secretaries had done so to the Zambian Presidency and not to the person of late Dr Mwanawasa.
For as long as President Banda did not revoke the appointments, Mr Banda said, the ministers and nominated MPs would continue carrying out the mandate received from the presidency.
He said, even if, the appointing authority had died, those nominated to Parliament were still MPs because the appointing authority was the presidency and not an individual person.
Mr Banda agreed with Mr Mwanamwambwa that MPs nominated and elected were serving the five-year term of office as stipulated by the law following the tripartite elections in 2006.
Before Tuesday's walkout, Dr Scott questioned whether it was constitutional for the Government to appoint Defence Minister, George Mpombo as leader of Government business in the House when there was no substantive office bearer.
The PF parliamentarians said if President Banda was not sure of the people to appoint in his Cabinet, he should reappoint members from the old Cabinet and later re-shuffle them at an appropriate time.
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