ATTORNEY General Likando Kalaluka has asked the Constitutional Court to allow him to serve court process by way of advertisement on 17 of the 64 former cabinet ministers and their deputies who received emoluments after the dissolution of Parliament in 2016.
Kalaluka wants to serve court process on former health minister Joseph Kasonde; former foreign affairs minister Harry Kalaba; former minister of information and broadcasting services Chishimba Kambwili; Christabel Ngimbu, and former minister of community development and social services Emerine Kabanshi.
Others are: Gerry Chanda; Danny Ching’imbu; James Kapyanga; Panji Kaunda; Joseph Lungu; Rayford Mbulu; Alfred’s Mwamba; Patrick Ngoma; Charles Zulu; Dawson Kafwaya, Mwimba Malama and Mwenya Musenge.
This is according to a notice of substituted service filed in the Constitutional Court.
“Take notice that in pursuance of the order of the Constitutional Court dated September 8, 2020, where the Court granted to serve court process by way of substituted service, whereas the Attorney General made an application for assessment of amount due pursuant to the judgement of the Constitutional Court dated August 8, 2016, and has opted that service of the aforesaid application by way of substituted service on yourselves be effected by this advertisement,” Kalaluka stated.
He urged the 17 to acknowledge service of the application by way of substituted service within seven days from the publication of the advertisement or they may contact him to access the copies of the said application.
Earlier this month, Secretary to the Treasury Fredson Yamba submitted to the Constitutional Court that the correct amount of repatriation allowances former Cabinet Ministers and their deputies who received emoluments after the dissolution of Parliament in 2016, were entitled to was K8,000 each and not the K15,000 they were claiming.
Yamba added that his office had, therefore, re-calculated the summary for net pays and allowances to be recovered from the ministers taking into account the K8,000, which brings the total amount recoverable from them for the period May to July, 2016, to K4,266,664.10.
This is according to an affidavit in reply to the notice of non-objection to the quantum settled by the Attorney General.
“With regards to the issue of repatriation allowances, the correct figure to be paid to the former Cabinet ministers and former deputy ministers is K8,000 each. My office has, thus, duly re-computed the summary for net pays and allowances to be recovered from ministers taking into account the K8,000. As can be seen from the said re-computation, the total amount recoverable from the former Cabinet ministers and former deputy ministers for the period May to July, 2016, is in the sum of K4,266,664.10,” Yamba stated.
“With regards to the issue relating to the 31st respondent, Obius Chabu Chisala, I can confirm that he was paid his salary for the months of May, June and July, 2016.”
In this matter, the State, through the Attorney General’s chambers, had asked the Constitutional Court to assess the amount of money that ministers, who continued to earn a salary after dissolution of Parliament in 2016 were required to repay.
This was as a result of the Constitutional Court judgement of August 8, 2016, which ordered Cabinet, Provincial and deputy ministers to repay the State all the allowances and salaries they received, while the National Assembly was dissolved.
The judgement was rendered in a matter where the Law Association of Zambia (LAZ) and UPND, through its secretary general Steven Katuka, challenged the continued stay in office of the ministers after Parliament was dissolved ahead of the 2016 general election.
Katuka and LAZ petitioned the Court to order the ministers, who stayed in office after dissolution of Parliament, to repay the funds they received.
They cited the Attorney General, Ngosa Simbyakula and 63 others as respondents.