CONCOURT DISMISSES CASE CHALLENGING PRESIDENTIAL APPOINTMENTS

THE Constitutional Court says political parties must adopt and support women, youths and persons with disability for Zambia to reach gender parity and equitable representation in public office. The court said this when Judge Palan Mulonda delivered a majority judgement in a matter where three non-governmental organisations (NGOs) petitioned the composition of  President Edgar Lungu’s cabinet that it was unconstitutional as it does not include the marginalised. Chapter One Foundation Limited, the Non- Governmental Organisations’Coordinating Committee for Gender and Development Registered Trustees and MsHarriet Chibuta suing in her capacity as executive director of Young Women in Action have cited the Attorney General as the respondent in the matter. They contended that the actions of President Lungu in nominating the MPs and appointing the cabinet and provincial ministers, neither reflect the gender parity considerations nor the equitable representation of youths nor disabled persons as contemplated by the constitution. But Attorney General Likando Kalaluka argued that article 259(i) of the Constitution makes it the prerogative of the President to nominate or appoint any person to a public office. The ConCourt in its majority judgement noted that the impediments to not achieving gender parity in public office was not in the appointing authority but in the selection and election of the marginalised groups. The Court dismissed the petition for lack of merit as the NGOs failed to prove beyond doubt that President Lungu contravened the constitution when he appointed the cabinet. Mr Justice Mulonda said that the appointing authority is not enjoined to consider gender parity but those appointed meet the requisite qualification and that regional diversity is also taken into account. But Judge Professor Margaret Munalula in her minority judgement said Zambia being a signatory to the SADC Protocol on Gender and Development, the appointing authority should have considered gender parity in the appointment of the cabinet.