Mulenga Sata and appointments: What does the amended constitution say?
Mulenga Sata
Perusing through the amended constitution, the issue of Mulenga Sata is difficult to fish out whether he was rightly appointed or not.
The constitution is vague except the old argument which is also reflected in article 69 (3) which talks about one not eligible to be nominated as MP if that person was a candidate in the last preceding general election…
However, Article 153 (4) states that “a person qualifies to be elected councilor…if that person is not a member of parliament.” Mulenga Sata is elected Councilor and nominated MP. This article, I assume, probably looks at the before being elected as Councilor. Now that Mulenga sata is already elected councilor in the preceding tripartite elections in 2011, but now nominated MP and Minister, perhaps, lawyers could help in interpreting the meaning of this article.
Article 157(2) (c) states that the office of a councilor becomes vacant if the councilor becomes disqualified for election under article 153.
Coming to Mulenga Sata, the law is mute but in article 147 (3) (b) and (c) the amended constitution emphasizes the different levels of government and how they shall observe and adhere to the principles to do with “respect for the constitutional jurisdiction of each level of government.”
This, i believe has been compromised because Mulenga sata is now Central government, provincial govt and local government. Who will hold him to account which according to Article 151 (2) states that “a local government system shall promote democratic and accountable exercise of power.” So this aspect may be compromised.
There will be no “respect of constitutional jurisdiction of each level of govt.” ln clause (c) the amended constitution talks of respecting the principle of autonomy of the sub-structure…This aspect is also undermined in the appointment of Mulenga Sata because the autonomy is now raped as he is a minister, elected councilor and nominated MP.
Zambians will yet to see whether Article 152 (2) will be adhered to which states that the national government and provincial administrations [in which mulenga sata is part] shall not interfere with or compromise a local authority’s ability or right to perform its functions…
One wonders why the president has continued to appoint a serving Councilor as MP and Minister.
Mulenga Sata’s issue is puzzle for democracy and respect of constitutional jurisdiction of each level of government. Let us debate.
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