Con Court orders Auditor General Mwambwa to vacate office over retirement age

0 Views The Constitutional Court has ordered Auditor General Dr. Ron Mwambwa to vacate his office on grounds that he is above the mandatory retirement age. The ruling comes after the Law Association of Zambia — LAZ — won a petition in which it asked the court to pronounce itself on the appointment of an […]

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The Constitutional Court has ordered Auditor General Dr. Ron Mwambwa to vacate his office on grounds that he is above the mandatory retirement age.

The ruling comes after the Law Association of Zambia — LAZ — won a petition in which it asked the court to pronounce itself on the appointment of an Auditor General above the retirement age of 60.

President Hakainde Hichilema appointed Dr. Mwambwa as Auditor General on September 25, 2023, subject to ratification by the National Assembly.

LAZ took the matter to court, arguing that Dr. Mwambwa, who is 64, was above the mandatory retirement age of 60 for the office.

In its judgment delivered today, the Constitutional Court ordered Dr. Mwambwa to vacate the office with immediate effect.

However, the court ruled that Dr. Mwambwa will not be required to repay salaries and allowances received.

The Con Court said LAZ failed to prove that the monies claimed were improperly received.

In March this year LAZ said the government had failed to take corrective measures in line with the constitution over the appointment to the office of the AG.

Therefore, the association opted to return to the Constitution Court on the matter where they questioned the appointment of acting AG, Mwambwa, after they initially withdrew the case.

LAZ president Lungisani Zulu said in a statement in March last year, the association took the issue to Court, challenging the constitutionality of the appointment of the Dr Mwambwa in September 2023 by President Hichilema.

They also challenged his continued occupation of the said office without parliamentary ratification or requisite recommendation by the State Audit Commission.

” Mwambwa did not qualify to hold the office on account of being above the prescribed age of sixty years.”

“LAZ’s contention was that the purported appointment of the acting auditor general announced by a press release issued by State House dated September 25, 2023, was a violation of Articles 249(1), 252(1) and 259(1)(a) of the Constitution (Amendment) Act No. 2 of 2016 as read with Section 2 of the
Public Audit Act,” Zulu said.

Zulu said the provisions make it mandatory for any person empowered to make a nomination or appointment to a public office, in this case, the President, to ensure that the person nominated or appointed is qualified to discharge the functions of the office they are being nominated or appointed to.

Following engagements between LAZ and government, and a meeting held with the solicitor general, on May 30 May 2025, the parties reached an understanding to look into the matter.

It was resolved that government would urgently address the issues raised in the petition including the issuance of commencement orders for the State Audit Commission Act, the Public Audit Act as well as appointment of the substantive office holder to the office of the auditor general, in accordance with the constitution.

” Unfortunately, government has failed to fully implement the agreed undertakings, and Dr Mwambwa continues to act as the auditor general of the Republic of Zambia,” he said.

Zulu said it is unfortunate that Mwambwa continued to irregularly draw emoluments and enjoying other benefits for over three years from September 2023, despite repeated follow-ups by LAZ through its lawyers.

This therefore made LAZ resolve to take the matter back to the constitutional court for appropriate pronouncement.