Miles ruled offside over acting mayor decision

Local government permanent secretary Amos Malupenga

Local Government Permanent Secretary Amos Malupenga says it is unlawful for Lusaka Mayor Miles Sampa to appoint a Councilor to act as Mayor in his absence.

Mr. Malupenga says a mayor has no powers to appoint a Councilor to act in his/her absence.

He has told Journalists in Lusaka that the decision by Mr Sampa is ultra-vires to Section 20 of the Local Government Act, Chapter 281 of the Laws of Zambia.

Mr Malupenga explains that Section 20 of the Local Government Act, Chapter 281 of the Laws of Zambia states that whenever the office of mayor or chairman of a council is vacant or the mayor or chairman is absent or is for any other cause prevented from or incapable of discharging the functions of his office, the deputy or vice-chairman of the council; or if the office of deputy mayor or vice-chairman is vacant or the deputy mayor or vice-chairman is absent or is for any other cause prevented from or incapable of discharging the functions of his office, a councilor elected by the council; shall discharge the functions of the office of the mayor or chairman of the council.

Mr. Malupenga says in this case the Lusaka Deputy Mayor is in the country and her office is not vacant thus there is no justification for the Mayor appointing another person to act.

He states that even if the Deputy Mayor was incapable of performing the functions of the Mayor, there is no provision in the law allowing the mayor to appoint any councilor as acting mayor.

Mr. Malupenga says the law provides that the Council shall elect the councilor to act as Mayor where both the Mayor and Deputy Mayor are not available.

Lusaka Mayor Miles Sampa who has travelled to the United States for council business appointed Ngwerere Ward 19 Councilor Adrian Banda to act in his absence instead of the substantive Deputy Mayor Chilando Chitangala.