Constitutional court urges ex Minister’s to pay back salaries for staying in office illegally

The Constitutional court has concluded that 63 Ministers and Deputy Ministers who illegally overstayed in office in 2016 after Parliament was dissolved will collectively pay over 4 point 7 million kwacha.

In this matter, United Party for National Development Secretary General Steven Katuka and the Law Association of Zambia LAZ sued the Attorney General, Ngosa Simbyakula and 64 others in the Constitutional for illegally overstaying in office.

In an affidavit in support of assessment of amount due pursuant to the judgement dated 8th August 2016, Ministry of Finance Director, policy Research and Standards Fides Muntenga says the Ministers will together pay back 4 point 7 million kwacha.

Ms. Muntenga says emoluments paid to the former cabinet Minister’s and former Deputy Ministers have been dully computed for the period of May to July 2016.

She says the computation was arrived at after looking at the pay slips of the former Cabinet Minister’s and former Deputy Ministers.

The state says the money that will be recovered from Ngosa Simbyakula and 62 others is for the period of May to July 2016.

Attorney General Likando Kalaluka in November 2019 asked the cosntitutional court to direct the Registrar of the Constitutional Court to assesses the amount of money that the Patriotic Front Ministers are required to pay back as directed by the court.

This was after the Court declined to re-open yohimbine its judgement of August 8, 2016 in which it directed the ministers to pay back the allowances and salaries that they illegally acquired when they remained in office.

Constitutional Court Judge Enock Mulembe on behalf of others maintained that the ministers pay back the money as no leave was sought in asking the court to review its decision.