Auditor General, Dr. Ron Mwambwa, wants the Court to throw out a petition from the (LAZ) of his appointment
Mwambwa, through his lawyer Munalula Michael Liweleya, said that LAZ started the case the wrong way by using a petition instead of a notice of motion.
He explained that since this case is about the President’s power to appoint people to public jobs, it should have followed a different process from the beginning.
Liweleya also pointed out that LAZ shouldn’t have relied on a press statement from Clayson Hamasaka, a communications specialist at State House, without checking if it was true before going to court.
He added that the State Audit Commission, which is supposed to suggest candidates for the Auditor General position, isn’t working yet, so no valid recommendation could have been made. Liweleya stated,
‘The second respondent was never appointed as Auditor General of the Republic of Zambia.’ He also raised three legal questions:
Can the President’s appointment powers be challenged by petition? Can the Court handle cases based on laws that aren’t in effect yet? And can someone rely only on public statements without checking if they’re true? He argued that if the answers are no, the petition should be dismissed, but if yes, the Court should schedule a trial.
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