President Lungu did not breach Article 109 – LAZ

The Law Association of Zambia (LAZ) says the Constitution was not breached when President Edgar Lungu recently took leave within the Country and designated his powers to the Minister of Defense.

LAZ president Eddie Mwiitwa says the Zambian Constitution does permit the President to designate his executive functions when he is out office in the absence of the Vice President.

Mr. Mwiitwa says this permission is provided for in Article 109, sub-article 2, of the Republican Constitution.

He tells Q-News by telephone that under this sub-article, however, whoever is Acting President, cannot appoint or remove anyone from office using the presidential prerogative.

Mr. Mwiitwa says in an event that the Head of State dies while a cabinet member is Acting President, such an individual will continue in this position until the Vice President is back in the Country.

He says this hypothetical situation, is captured by the Constitution in three possible scenarios under which executive functions can be exercised by another person other than the Republican President.