By Amb. Emmanuel Mwamba
On Monday 25th September 2023, President Hakainde Hichilema announced the appointment of Dr. Ron Mwambwa as new Auditor General.
However, Dr. Mwambwa is not eligible for appointment on account of being over age.
Article 252(1) of the Constitution of Zambia states that the Auditor General shall retire from office after attaining the age of 60 years.
Article 252 (2) further states that the Auditor General shall retire with full benefits at age 55.
Hon. Dr. Ron Mwambwa is 63. How do we know his age?
In his complaint dated 23rd of June 2023, to the Judicial Complaints Commission against the former Auditor General, Dick Chella Sichembe, Dr. Ron Mwambwa, in paragraph 2, stated his age was 63 years old.
Having complained against his predecessor, leading to the resignation of his predecessor, President Hakainde Hichilema has since appointed Dr. Ron Mwambwa as Auditor General subject to ratification by the National Assembly.
If President Hakainde Hichilema was properly guided as to the provisions of the Constitution, he would not make this appointment.
Dr. Mwambwa is not eligible for appointment on account of the age limit of the office.
The issue of age and eligibility to serve on contract or full time was extensively canvassed and ruled by the Supreme Court.
In 2012, in a similar matter the Supreme Court ruled that Judges, who retired at 65, were not eligible for appointment to higher office; therefore neither the current acting Chief Justice Lombe Chibesakunda nor her Deputy Florence Mumba could be appointed to the positions they were acting in because they retired as Supreme Court Judges- the positions to which they were serving on contract.
Both Chibesakunda and Florence Mumba were not available to be appointed as Chief Justice.on account of age.
It is imperative that President Hichilema checks with his Attorney General on the legal status of this appointment before Dr. Ron Mwambwa’s name is processed any further.