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Auditor General, Dr. Ron Mwambwa, has asked the Constitutional Court to dismiss a petition filed by the Law Association of Zambia (LAZ) challenging the legality of his appointment.
Mwambwa, through his lawyer Munalula Michael Liweleya, argued that the matter was wrongly initiated by way of petition rather than an originating notice of motion.
He submitted that since the case involves the President’s constitutional powers to appoint individuals to public office, it should have followed a different procedure from the outset.
Liweleya also challenged LAZ’s reliance on a press statement issued by State House Chief Communications Specialist Clayson Hamasaka, arguing that LAZ had an obligation to verify its accuracy before initiating court action.
He further contended that the State Audit Commission—which is mandated to recommend candidates for appointment as Auditor General—has not been operationalised, and therefore, no valid recommendation could have been made.
“The second respondent was never appointed as Auditor General of the Republic of Zambia,” Liweleya submitted.
In an affidavit supporting a preliminary issue on a point of law, Liweleya posed three legal questions: whether matters involving the President’s exercise of appointment powers can be commenced by petition; whether the Court can determine cases based on laws not yet operationalised; and whether a petitioner can rely solely on public statements without verifying their authenticity.
He argued that if the questions were answered in the negative, the petition should be dismissed with costs. If answered in the affirmative, the Court should set the matter down for trial, with costs in the cause.
In response, LAZ president Lungisani Zulu filed an affidavit in opposition, stating that Dr. Mwambwa had failed to produce a letter of appointment contradicting the official statements made by State House and the Attorney General.
Zulu said it would be highly unusual for both the Presidency and the Attorney General to issue public statements on such a critical appointment if there were no formal decision.
“It would be strange for the Presidency to mislead the public on such a serious matter as the appointment of an Auditor General, who is expected to be accountable to citizens,” he argued.
Zulu also noted that the State Audit Commission Act and the Public Audit Act, although assented to in 2016, have not been operationalised due to the absence of commencement orders from the Ministry of Finance. Nonetheless, he argued, the constitutional requirement for a recommendation from the State Audit Commission remains valid.
He referenced a State House press release dated September 25, 2023, which announced Dr. Mwambwa’s appointment and was reported in media outlets, including News Diggers under the headline “HH fires Kasanda, appoints Mweetwa to take over”, published on September 26, 2023.
Zulu also cited a public statement by Attorney General Mulilo Kabesha, published on October 2, 2023, in which Kabesha advised those opposing the appointment to await the parliamentary ratification process.
According to Zulu, the public had no reason to doubt the statements issued by State House and other authorities, especially in the absence of any official denial by Dr. Mwambwa.
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