‘LAZ petition null, void,’ Mwambwa tells constitutional court he has no formal appointment as Auditor-General

Dr. Ron Mwambwa has told the Constitutional Court that he was never formally appointed as Auditor General of Zambia, challenging the legality of the petition filed against him by the Law Association of Zambia (LAZ).

In an affidavit filed by his lawyer, Munalula Liweleya, Dr. Mwambwa argued that his alleged appointment was never sanctioned by the State Audit Commission, which has not been operational since the enactment of the enabling legislation.

LAZ is petitioning the court to declare Dr. Mwambwa’s appointment illegal, citing that he is above the mandatory retirement age of 60.

The association is also demanding that he reimburse the government for all remuneration received during what they describe as his “illegal stay” in office.

However, Liweleya argued that the petition is fundamentally flawed because no official appointment ever occurred.

“The press release being relied upon by the petitioner is not a letter of appointment,” he submitted. “The State Audit Commission, which is mandated to recommend such appointments, has not been operationalised to date. Therefore, no legal recommendation or appointment ever took place.”

He further submitted that the matter should have been commenced by originating notice of motion, as it concerns the exercise of presidential powers—an issue governed by specific Constitutional Court rules.

Quoting Order 14A of the White Book (1999 edition), Liweleya said the court has the authority to determine legal questions without proceeding to full trial, especially when doing so could resolve the entire case.

He also cited the State Audit Commission Act No. 27 of 2016, noting that the Act has not been brought into operation due to the absence of a statutory instrument.r ex

He prayed for the petition to be dismissed as irregular.

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