The Law Association of Zambia (LAZ) has said that the contents of the issued Cabinet Office Circular No. 12 of 2020 dated 20th October, 2020 in which the Secretary to the Cabinet Dr. Simon K. Miti directed all Public Officers, including those serving in Foreign Missions, Quasi-Government, Grant Aided Institutions and State Owned Enterprises intending to participate in the 2021 General Elections to resign no later than 30th November, 2020 so as to protect the integrity and impartiality of the Public Service lacks legal basis and may actually infringe on the rights of the intended recipients.
In a statement released to the media, LAZ said that what was clear under the Constitution is that a public officer or constitutional office holder must resign, immediately they ‘seek election to a political office’, but not before or for merely having such an intention.
Below is the full statement
The Law Association of Zambia (LAZ) has noted, with concern, the contents of the issued Cabinet Office Circular No. 12 of 2020 dated 20th October, 2020 in which the Secretary to the Cabinet Dr. Simon K. Miti directed all Public Officers, including those serving in Foreign Missions, Quasi-Government, Grant Aided Institutions and State Owned Enterprises intending to participate in the 2021 General Elections to resign no later than 30th November, 2020 so as to protect the integrity and impartiality of the Public Service.
Though noble, it is LAZ’s position that the said Cabinet Office Circular No. 12 of 2020 lacks legal basis and may actually infringe on the rights of the intended recipients. This is because the law requiring a public officer to resign once the officer seeks a political office is already provided under Article 186 of the Constitution of Zambia as amended by Act No. 2 of 2016. This Article does not prescribe any time frame within which a public officer or Constitutional office holder with only an intention to seek political office should resign.
What is clear under the Constitution is that a public officer or constitutional office holder must resign, immediately they ‘seek election to a political office’, but not before or for merely having such an intention. It is the view of LAZ that the trigger is, therefore, the act of seeking election to a political office.
LAZ has since engaged the Government through the Attorney General on this matter and has laid its concerns regarding Circular No. 12 of 2020 before him for the necessary corrective action. It is the hope of LAZ that the said Circular will either be revised or otherwise withdrawn as soon as possible.
Well done LAZ. This is the kind of scrutiny our civil servants and politicians need to be subjected to in our Banana Republic. Politicians and senior civil servants in Zambia act with a lot of impunity with no progressive will for a democracy. The opposition if zealous enough should be having a field day challenging government instructions and actions but they are all very sleepy. Sleepy politicians who only wake up on election day when it is too late.
Exactly, that circular is another political gimmick by the ruling party to gain advantage. To stop potential credible opposition – so selfish as usual. They only want those already living off politics and their cronies to be the only ones to continue being recycled. The intention is to make it economically unattractive to leave work for nine months while vying for office – in spite of possessing better acumen than the rich thieving recycled material.
A government run by a lawyer who claims he knows the law. Here is anther law breaking from his cabinet.
We now doubt his credibility as a lawyer.