Constitutional Court orders Dr. Mwambwa to vacate Auditor-General office

THE Constitutional Court has ordered Acting Auditor-General Dr. Ron Mwambwa to vacate office with immediate effect, ruling that his continued occupation of the position is unconstitutional. In a judgment delivered, a full bench of Judges Margaret Munalula, Arnold Shilimi, Martin Musaluke, Judy Mulongoti and Vincent Siloka found that Dr. Mwambwa’s continued stay in office, being

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THE Constitutional Court has ordered Acting Auditor-General Dr. Ron Mwambwa to vacate office with immediate effect, ruling that his continued occupation of the position is unconstitutional.

In a judgment delivered, a full bench of Judges Margaret Munalula, Arnold Shilimi, Martin Musaluke, Judy Mulongoti and Vincent Siloka found that Dr. Mwambwa’s continued stay in office, being above the retirement age, contravenes Article 249(1) of the Constitution and is therefore null and void.

The Court ordered Dr. Mwambwa to “immediately cease performing the functions of Auditor-General and vacate the office.”

“Having found that the appointment contravened the Constitution, it is our considered view that the second respondent cannot continue performing the functions of Auditor-General,” the Court ruled.

The judges said allowing Dr. Mwambwa to continue in office “would amount to perpetuating an illegality and failing to uphold the protection of the Constitution, which is part of its mandate.”

“We accordingly order that the second respondent immediately ceases performing the functions of and vacates the office of Auditor-General,” the Court said.

However, the Court declined to order Dr. Mwambwa to repay money and emoluments allegedly received, saying the petitioner had failed to substantiate the claim.

“Following our guidance in Mputa Ngalande, we decline to grant the relief prayed for because the petitioner has failed to substantiate his claim on affidavit evidence that the second respondent received the said monies and emoluments,” the judges said.

The judgment follows a petition by the Law Association of Zambia, which challenged Dr. Mwambwa’s continued stay in office as Acting Auditor-General since September 2023.

LAZ argued that there is no provision in the Constitution for the position of Acting Auditor-General.

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