Scott Has Powers To Transfer Office Holders – LAZ

The Law Association of Zambia (LAZ) says the acting President has constitution powers to transfer office holders, but may not terminate the services of previously appointed office holders.

In a statement issued to QFM News today following debate that has arisen on the recent transfer of Chanda Kasolo as Information and Broadcasting Services Permanent Secretary taking over from Bert Mushala who has been moved to Cabinet Office, LAZ Vice President Linda Kasonde however, says with regards the transfer of Permanent Secretaries by the Secretary to the Cabinet, Article 53 of the constitution is clear in providing that any action by the Secretary to the Cabinet must be made on the instructions of the President or the person exercising the functions of a President.

Ms Kasonde says LAZ is therefore of the view that of the Secretary to the Cabinet acted by transferring the Permanent Secretary of Information without the instructions of the Acting President, the transfer is illegal.

She further states that the constitution provides that the function of the President under Article 61 of the constitution that the Acting President assumes on the death of the President pursuant to Article 38(3) are subject to Article38(3).

Ms Kasonde explains that this means that ac acting President can make appointments, discipline and remove persons in office but may not revoke any appointment made by the deceased or incapacitated president.

Posted by Kunda on December 2, 2014. Filed under LATEST NEWS. You can follow any responses to this entry through the RSS 2.0. Both comments and pings are currently closed.

8 Responses to Scott Has Powers To Transfer Office Holders – LAZ

drogba

December 2, 2014 at 1:16 pm

Ba LAZ naimwe be serious that is why we have confusions in the country.
What do you mean when you say ” he may not revoke appointments made by the deceased or incapacitated”

Thats being vague. What it can also mean is that he may have the powers to revoke the same appointments
betts mambonwa

December 2, 2014 at 1:16 pm

This is true.
- Out of Primitive Africa!
  
  December 2, 2014 at 3:35 pm
  
  Have the authorities ever caught a witch flying on a broomstick in the country’s air space? Why are those so called witches always pictured sitting on the ground. Why can ’t any of Africa’s ‘flying witches’ be caught or photographed flying? Why are ‘magic birds’ & witches always pictured sitting? Why can ’t they be captured flying even if it is few centimetres above the ground? These are critical questions Africans have yet to ask.
  
  We must break the spell of ignorance that hangs over Africa. Fearful ignorant minds wasting precious resources fighting imaginary witches in winnowing baskets must be replaced with educated, honest people administering the forward progress of an emerging continent with real needs.
Judge Joe Bidden

December 2, 2014 at 1:23 pm

Interesting SPEECH BY SATA ON LABOUR DAY ON 05/09/13 PROBABLY SHADING SOME LIGHT OF WHATS IS NOW HAPPENING IN PF TODAY.

(Part of the Speech)

..and today Mr. Nevers Mumba is not here… Mr. HH is not here because they are ashamed they have been preaching Sata is dying… does a dying man look like me? And even if I die… even if I dropped dead because my life belongs to God. We have too many leaders in PF who can take over from me. They (PF Leaders) are not fighting but they are waiting, they tried their witchcraft but it cant beat that witchcraft from Mpika. Mr. Edgar Lungu goes to Petauke but the witchcraft in Petauke is very light it cant touch me… so go and tell them Mr. Sata is still alive. And what type of a leader who wish others to be sick and dying… and if you want to inspire to lead this country, come here because all you workers we understand your difficulties whether you have nice uniforms in the army, whether you have nice uniforms in the police there are still difficulties in accommodation and other things…

So if you leaders and you aspiring to lead the people of Zambia come here and celebrate with them.. including my boys who are sitting in the trees they are from Mpika, those who are in the trees some of them are from Petauke. Because Edgar Lungu was saying they are from Mpika and I said why, and he said in Mpika you eat monkeys. So baiche imwe ngaisa Edgar Lungu ku Chawama… sort him out. Its with pleasure that I join you…

DECISION: I think he knew some leaders in his party cant wait for him to die, though jokingly he picked some by names.
- kalulete
  
  December 2, 2014 at 4:52 pm
  
  learn to summarise
  - Judge Joe Bidden
    
    December 2, 2014 at 5:30 pm
    
    Its the actual word by word (VERBATIM) from SATA or as recorded I left out when he started to talk about labour issues
Denkete

December 2, 2014 at 1:35 pm

taata katwishi??????
Liz

December 2, 2014 at 7:13 pm

Scott has no powers the only powers he has are powerless . Mukamone ifyo benda kwati nalwala palabyata!!!!