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The Law Association of Zambia (LAZ) has taken Auditor General Ron Mwambwa to the Constitutional Court, arguing that his appointment is illegal and unconstitutional.
In its petition, LAZ is seeking a court order compelling Mwambwa to vacate office immediately, citing violations of Zambia’s supreme law.
According to LAZ, Mwambwa’s appointment violates the Constitution on two major grounds.
First, the Auditor General must retire at 60 years, yet Mwambwa was 64 years old when he was appointed in September 2023.
Second, although the President Hakainde Hichilema appointed him based on the State Audit Commission’s recommendation, his appointment has never been ratified by the National Assembly, making his continued stay in office unconstitutional.
The petition states, “The appointment of the 2nd Respondent ( Mwambwa’ )who at the material time had attained the age of sixty-four (64) years, entails that his recommendation by the Public Audit Commission and subsequent appointment by the President contravened and continues to contravene Articles 259(1)(a) as read together with Article 252(1) of the Constitution.”
LAZ argues that the Public Audit Act, which outlines the retirement age and qualification criteria for the Auditor General, was ignored in the process.
LAZ is asking the court to declare Mwambwa’s appointment null and void and order him to immediately vacate office.
The association is also demanding that he repays all salaries, allowances, and benefits earned during his tenure, as they were acquired through an unconstitutional appointment.
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LAZ insists that all future appointments to the office must strictly follow the Constitution and legal procedures.
In an affidavit, LAZ president Lungisani Zulu reaffirmed that Mwambwa’s appointment was made without the necessary parliamentary approval.
“Despite his appointment being subject to ratification by the National Assembly, the 2nd Respondent has, since 2023, occupied and continues to perform the functions of the Auditor General without the requisite ratification,” Zulu stated.
He stressed that allowing Mwambwa to remain in office despite these violations undermines constitutional governance and sets a dangerous precedent for Zambia’s public institutions.
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