LAZ renews legal battle to remove Auditor General, Roy Mwambwa

The Law Association of Zambia has launched a fresh legal attack seeking to remove Roy Mwambwa from the office of Auditor General, insisting that his continued stay was unconstitutional.

In a newly filed petition before the Constitutional Court of Zambia, LAZ is asking the court to order Dr Mwambwa to immediately vacate office and to compel him to refund all salaries and benefits he has received since his appointment.

This marks the association’s second attempt to challenge his tenure. A similar petition filed in March 2025 was withdrawn after LAZ allegedly entered into a consent agreement with Dr Mwambwa and Mulilo Kabesha, but the body has now revived the matter, filing a new petition on Wednesday.

LAZ argued that Dr Mwambwa’s appointment by President Hakainde Hichilema violated the Constitution because it was neither recommended by the State Audit Commission nor ratified by the National Assembly of Zambia as required.

The association further contends that Dr Mwambwa was already above the mandatory retirement age when he was appointed in 2023, rendering him ineligible to occupy the office.

“The continued occupation of office by the second respondent is illegal and in direct contravention of the Constitution,” LAZ stated in its petition.

The association also highlighted what it described as the prolonged failure by the Minister of Finance and National Planning to operationalise key legislation governing the Auditor General’s office—nearly a decade after enactment.

According to LAZ, the absence of the State Audit Commission and the failure to activate the Public Audit Act have created a legal vacuum that undermined accountability in an office tasked with overseeing the use of public funds.

LAZ warned that allowing what it terms an irregular appointment to stand risked eroding public trust in national governance systems.

The association is now asking the Constitutional Court to declare Dr Mwambwa’s appointment null and void.

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