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Dr. Ron Mwambwa has refused to present his appointment letter as Acting Auditor General to the Constitutional Court, citing its “SECRET” classification and stating it can only be released with President Hakainde Hichilema’s authorisation.
In an affidavit filed before the court, Dr. Mwambwa submitted that he required clearance from the appointing authority before producing the document.
“I wish to state that I need clearance from the appointing authority to produce before this court my letter of appointment by the President as it is marked ‘SECRET’,” he stated.
The Law Association of Zambia (LAZ) had challenged Dr. Mwambwa’s appointment, arguing that the Presidency’s public statements contradict what is allegedly contained in the confidential letter.
LAZ President, Lungisani Zulu, questioned the contradiction, stating that it would be unusual for the President to make public announcements that do not align with the contents of the appointment letter.
Zulu further queried why Dr. Mwambwa had not submitted any formal documentation to support his appointment, particularly when official pronouncements on the matter already existed.
In his response, Dr. Mwambwa clarified that he was appointed Acting Auditor General on October 26, 2023, and not as a substantive Auditor General—a position that requires parliamentary ratification.
He dismissed concerns raised by petitioners regarding the non-operationalisation of the State Audit Commission Act No. 27 of 2016 and the Public Audit Act No. 29 of 2016, calling them irrelevant to his appointment.
Read more: Auditor General seeks dismissal of Law Association of Zambia’s petition querying legality of his appointment
He also rejected the notion that such appointments were made via public announcements, insisting that “appointments to the position are made under the hand of the President, not through press releases.”
LAZ has also raised concerns over Dr. Mwambwa’s age, stating that being over 60 disqualifies him from holding a constitutional office.
The association is seeking a court order to nullify his appointment and compel him to repay all salaries and allowances received during his alleged illegal tenure.
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