Deputy Speaker of the National Assembly Mukondo Lungu has said that newly ratified Attorney General Musa Mwenye can perform the functions of the office of the Attorney General while he is waiting to take the oath of allegiance.
In making a ruling on a point of order raised by Choma Central United Party for National Development (UPND) member of Parliament Cornelius Mweetwa who wanted to find out the legality of the documents signed by Mr Mwenye and laid on the table of the House when the former Solicitor General had not been sworn in by President Michael Sata, Mr Lungu said the new Attorney General could perform his functions before taking his oath of allegiance.
Mr Mweetwa in his point of order explained that according to the constitution, the position of the Attorney General fell in the category of positions of where an individual was expected to take oath of allegiance before taking up functions of their constitutional offices.
And Monze Central (UPND) MP also wondered why a document signed by Mr Mwenye who had not been sworn in was being tabled in the House.
“Mr Speaker Sir, I want to find out the legality of the document that is being laid on the table of the House signed by Mr Musa Mwenye when he has not been sworn in by the President. According to the Constitution, the position of Attorney General falls in the category of positions where one is supposed to take oath of allegiance,” Mr Mweetwa wondered.
But in his ruling, Mr Lungu said: “The Attorney General can perform his functions as he awaits taking oath of allegiance.”
Mr Mwenye along with Abraham Mwansa, the new Solicitor General and Mumba Malila, the newly appointed Supreme Court Judge have not been sworn in by President Sata since their ratification about a month ago.
About a month ago, Parliament ratified the trio but President Sata has not found time to swear them in forcing the Law Association of Zambia (LAZ) to demand that the Head of State should allow the three constitutional office bearers take the oath of allegiance.
The foundation for Democratic Process (FODEP) has expressed concern that Mr Mwenye, Mr Mwansa and Mr Malila have not been sworn in a month after being appointed and ratified by Parliament.