By Scoop Reporter
ZAMBIA Conservative Party (ZCP) president Peter Simpemba says President Edgar Lungu must consider paying for the Cabinet Ministers who have been ordered to pay K75, 000 each for remaining in office after the dissolution of Parliament in 2016.
Mr. Simpemba has told The Scoop in an interview that he welcomes the punishment of Cabinet Ministers but that President Lungu should bear the costs under the vicarious liability.
Vicarious Liability is a form of a strict, secondary liability where the superior takes responsibility for the acts of their subordinate over which they had the right, ability, or duty to control the activities of a violator.
“I welcome the Constitutional Court ruling that ministers should pay back allowances and others paid to them after Parliament was dissolved in 2016. However, I am of the view that President Lungu must and should pay under strictly liability known as vicarious liability,” Mr. Simpemba said.
The Constitutional court has concluded that 63 Ministers and Deputy Ministers who illegally overstayed in office in 2016 after Parliament was dissolved will collectively pay over K4.7 million.
In this matter, United Party for National Development Secretary General Steven Katuka and the Law Association of Zambia sued the Attorney General, Ngosa Simbyakula and 64 others in the Constitutional Court for illegally overstaying in office.
In an affidavit in support of assessment of amount due pursuant to the judgement dated 8th August 2016, Ministry of Finance Director, policy Research and Standards Fides Muntenga says the ministers will together pay back K4.7 million.
Ms. Muntenga says emoluments paid to the former cabinet ministers and former Deputy Ministers have been dully computed for the period of May to July 2016.
She says the computation was arrived at after looking at the pay slips of the former cabinet ministers and former Deputy Ministers.
The state says the money that will be recovered from Ngosa Simbyakula and 62 others is for the period of May to July 2016.
Attorney General Likando Kalaluka in November 2019 asked the Constitutional Court to direct the Registrar of the Constitutional Court to assess the amount of money that the Patriotic Front (PF) ministers are required to pay back as directed by the court.
This was after the Court declined to re-open its judgement of August 8, 2016 in which it directed the ministers to pay back the allowances and salaries that they illegally acquired when they remained in office.
