By 
The Law Association of Zambia (LAZ) says it will return to court to address what it describes as the government’s continued violations of constitutional provisions relating to the Office of the Auditor General.
LAZ President, Lungisani Zulu, said he was deeply concerned by government’s failure to take corrective measures as required by the Constitution regarding the appointment of the Auditor General.
In a statement issued in Lusaka on Monday, Zulu recalled that in March 2025 LAZ petitioned the Constitutional Court of Zambia over the appointment of Acting Auditor General Dr. Ron Mwambwa, challenging the constitutionality of his September 2023 appointment and continued occupation of the office without parliamentary ratification or a recommendation from the State Audit Commission.
Zulu argued that the current Acting Auditor General did not qualify to hold office on account of being above the prescribed age of 60.
“LAZ’s contention was that the purported appointment of the Acting Auditor General announced by a press release issued by State House dated September 25, 2023, was a violation of Articles 249(1), 252(1) and 259(1)(a) of the Constitution (Amendment) Act No. 2 of 2016 as read with Section 2 of the Public Audit Act,” he said.
He added that the Constitution required anyone empowered to make an appointment to a public office—including the President—to ensure that the nominee was qualified to discharge the functions of that office.
Zulu added that following engagements between LAZ and the government, including a May 30, 2025 meeting with the Solicitor General, the parties reached an understanding that the State would urgently address the issues raised in the petition.
“This included the issuance of commencement orders for the State Audit Commission Act, the Public Audit Act, as well as the appointment of a substantive office holder to the Office of the Auditor General, in accordance with the Constitution,” he said.
Zulu said LAZ discontinued its petition in good faith based on these undertakings. However, he noted that government had failed to fully implement the agreed measures, and Mwambwa continued to act as Auditor General.
He said Mwambwa had been drawing emoluments and receiving benefits for more than three years since September 2023, despite repeated follow-ups by LAZ through its lawyers.
“In light of the continued failure to implement the agreed undertakings by Government, LAZ has resolved to take the matter back to the Constitutional Court for appropriate pronouncements on this critical matter touching on good governance,” Zulu said.
WARNING! All rights reserved. This material, and other digital content on this website, may not be reproduced, published, broadcast, rewritten or redistributed in whole or in part without prior express permission from ZAMBIA MONITOR.
Comments