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A Kabwe resident, Edward Phiri, has petitioned the Constitutional Court to declare Section 5(1) of the Emoluments Commission Act No. 1 of 2022 unconstitutional.
Phiri claims that this section contradicts the Republican Constitution, specifically Articles 232 and 264.
The Emoluments Commission was established in 2016 under the Constitution (Amendment) Act No. 2 of 2016.
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Its primary function is to determine emoluments for public officers, chiefs, and members of the House of Chiefs.
However, Phiri argued that Section 5(1) of the Emoluments Commission Act expands the commission’s authority beyond what is allowed by the constitution.
Phiri contended that the Act’s substitution of “State Institutions” for “Public Officers” oversteps the commission’s constitutional mandate. This, he claimed, is a clear contravention of the constitution.
Phiri is seeking a declaration that Section 5(1) of the Emoluments Commission Act No. 1 of 2022 is unconstitutional, null, and void.
An order that Section 5(1) be expunged from the statute books.
He also seeks an interpretation of whether Parastatal Corporations and Quasi-Government institutions fall under Article 232, read with Article 264 of the constitution.
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