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The Constitutional Court has declared Sections 56 and 57 of the Local Government Act unconstitutional, ruling that the Minister of Local Government had no power to suspend elected councils or appoint administrators to run their affairs.
In a judgment delivered in a petition by activist Mputa Ngalande, the court held that the provisions violated Articles 152(2) and 156 of the Constitution, which protect the autonomy of local authorities and principles of devolved governance.
The petition challenged the minister’s power to suspend councils for up to 90 days and appoint local government administrators during the suspension period. The case stemmed from the suspension of Kafue Town Council in November 2022 and Chongwe Municipal Council in January 2025 over alleged illegal land allocations.
“We are of the firm view and hold that since the Constitution does not provide for suspension of a local authority or council, Sections 56 and 57 of the Local Government Act which empower the Minister to suspend councils are inconsistent with the provisions of Articles 152(2) and 156 of the Constitution,” the court ruled.
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The judges stated that the Constitution expressly prohibited the national government or provincial administration from interfering with a council’s ability to perform its functions. Suspending democratically elected councillors and replacing them with unelected administrators, the court said, undermined democratic representation and violates Article 153(3), which provides that councillors are elected representatives accountable to their electorate.
The court noted that accountability mechanisms already existed under the Constitution, including recall procedures and legal action against misconduct by councillors. “It follows that the Constitution does not provide for suspension of a council nor does it provide for any other entity to perform the functions of a council,” the court stated.
Parliament, the judges added, could not through ordinary legislation create powers that contradicted the Constitution. The petition succeeded to the extent that Sections 56 and 57 were declared null and void.
The court declined to grant orders for payment of salaries and allowances to suspended councillors, saying the claim had not been sufficiently substantiated.
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