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The state has urged the Constitutional Court to dismiss a petition challenging the appointment of Ron Mwambwa as Acting Auditor General.
Attorney General Kabesha Mulilo said the designation was lawful and necessary to ensure continuity in public audit functions.
The appointment was described as temporary and made in the absence of a fully constituted State Audit Commission.
The petition, filed by the Law Association of Zambia, is contesting Dr Mwambwa’s continued stay in office as Acting Auditor General since September 2023.
“The petition, filed by the Law Association of Zambia, is contesting Dr Mwambwa’s continued stay in office as Acting Auditor General since September 2023, and is seeking his removal together with recovery of emoluments allegedly paid during the period,” court documents state.
The association argues that there is no position of acting Auditor General in the constitution.
The State said that a press release was issued announcing changes in government, but maintains that Dr Mwambwa was not appointed as substantive Auditor General.
“Instead, he was designated to act in that capacity pending fulfilment of constitutional requirements as relevant statutes were operationalised in 2025,” the State submitted.
Kabesha further admits that the Constitution provides for the recommendation of a State Audit Commission, but states that at the material time the commission had not been constituted.
He argued that the gap required interim administrative measures to be put in place.
“The State said that the issue of ratification does not arise in respect of an acting appointment and puts the petitioner to strict proof of its allegations,” the response reads.
The respondent denies paragraphs 11 to 15 of the petition in their entirety.
It maintains that the actions complained of were lawful, reasonable, and undertaken in good faith to ensure continuity in public administration.
The State said the designation was a necessary and lawful administrative measure taken pending the constitution of the State Audit Commission.
“The Attorney General further submits that once the State Audit Commission is constituted, a substantive Auditor General will be appointed in accordance with the Constitution,” the filing states.
In response to the reliefs sought, the State denies each and every allegation in the petition.
It argues that the petitioner is not entitled to any of the orders being sought and has urged the court to dismiss the petition in its entirety.
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