President Edgar Lungu’s Cabinet in 2016Co

The Constitutional Court has ordered former Ministers who stayed in office beyond 12th May 2016 to refund the State before 8th January 2021 salaries and allowances they had obtained but without any interest.

This is in a matter in which UPND Secretary General Stephen Katuka and the Law Association of Zambia had sued the former Ministers for staying in office beyond the dissolution of Parliament in 2016. The Court had ruled that their stay was illegal.

The matter was referred to the Registrar for assessment of how much each Minister is supposed to pay back.

Registrar of the Constitutional Court, D. M. Malama, delivered a ruling today afternoon in which he ordered that amounts refundable to the State shall exclude K8000 repatriation allowance, allowances and salaries for 11 days in the month of May, 2016 which the Court had not ordered them to refund.

On the argument raised by lawyers from Simeza and Sangwa that the assessed amounts should carry judgment interest in accordance with the Judgment Act, the Court refused to grant the request.

My brief response is that in this matter whether or not interest is payable by the 2nd to the 64th Respondents on the amounts to be refunded to the State is a question of liability.

The Registrar said it was his considered view is that since the Court’s Judgment of 8th August, 2016, which directed the assessment, did not award interest against the to the 64th Respondents.

Notable among politicians to pay back include convicted NDC leader Chishimba Kambwili who has been ordered to pay back K58,681.80, Democratic Party President Harry Kalaba ordered to pay back K60,434.88.

Others are  Given Lubinda (K56,226.92), Alexander Chikwanda (K58,681.80), Michael Kaingu (K60,434.87), Dora Siliya (K59,980.27), Richwell Siamunene (K60,434.87), Panji Kaunda (K54,889.38), Christopher Mvunga now Bank of Zambia Governor (K54,889.38)