Is Hon Mwanakatwe qualified to hold the Position of Minister of Finance?

Alliance for Community Action Fact Checking Unit

Claim checked:

Following a vigorous discussion by the public on whether the new Minister of Finance is a good pick for the position, the ACA Fact Check Unit carried out a desk research to determine the question.

Is Hon Margaret Mwanakatwe constitutionally qualified to be Minister of Finance? Matters raised in the public primarily suggesting Ms Mwanakatwe is unqualified to be Minister of Finance included the following:

 

Matters raised in the public primarily suggesting Ms Mwanakatwe is unqualified to be Minister of Finance included the following:

  1. Minister of Finance, Hon Margaret Mwanakatwe, accessed a loan amounting to K1.5 million Kwacha from the Citizen Empowerment Commission (CEEC) in 2011.  According to the CEEC Act No. 9 of 2006, CEEC loans aim to uplift citizens who have suffered marginalisation. These are defined as “persons historically marginalised and disadvantaged and whose access to economic resources and development capabilities have been constrained due to various factors including race, sex, educational background, status and disabilities.
  2. Lusaka Times article of 27 July 2015 entitled “Yes I owe CEEC, admits Margaret Mwanakatwe,” reported that Hon Mwanakatwe had defaulted on repaying the CEEC loan. The Minister declared the matter private asking the public to not interrogate it as it did not affect her public life.
  3. Lusaka Times article of  28 January 2017 entitled  “Court hears how Margaret Mwanakatwe lost her handbag whilst partying at Mayela Nightclub” reported a court case in which two men were accused of stealing the Minister’s handbag stolen from her vehicle in Bauleni after she had been to Kalahari and Mayela Nightclubs to meet with community members. She reportedly lost one purse, one I phone, two diplomatic passports, one national registration card, K9, 700 cash, 6×10 Saudi Riyal cash and 3 by 10 Indian rupees in cash.
  4. In November 2016 Hon Mwanakatwe’s election as Lusaka Central Member of Parliament Parliamentary seat was nullified after a petition filed by losing UPND candidate Charlotte Scott. The High Court ruled violence, bribery and racist remarks had contributed to Ms Mwanakatwe’s win.  The case has been appealed to the Constitutional Court and is pending judgement.

 

Verification Process

In reaching a finding on the debated qualification of  Ms Mwanakatwe for the position of Finance Minister  the ACA fact checking unit considered  the Republican Constitution as follows

Appointment of Ministers

Article 116 (1) The President shall appoint a prescribed number of Members of Parliament as Ministers

Presidency and vesting of executive authority

Article 91 (3) (b) The president shall in exercise of the executive authority of the state respect, uphold and safeguard this constitution

Petition of Election of Member of Parliament

Article 73 (3) and (4) A person may appeal against the decision of the High court to the Constitutional Court. A Member of Parliament whose election is petitioned shall hold the seat in the National assembly pending the determination of the election petition

National Values, principles and Economic Principles

Article 8 (a) The national values and principles are morality and ethics
.

Article 9 (1) (a) the national values and principles shall apply to the interpretation of this constitution

Article 267.1 (a) This constitution shall be interpreted in accordance with the Bill of rights and in a manner that promotes its purposes, values and principles.

 

FINDING

The Republican Constitution bestows on the President the right and privilege to appoint Members of Parliament as Ministers. There is no further qualification. The nullification of Hon Mwanakatwe’s seat in the High Court must constitutionally be ruled on by the Constitutional court before it can take effect. Hon Mwanakatwe therefore qualifies to be hold Cabinet Positions.

However, the Constitution in setting out the values we uphold as a nation and in discussing the exercise of the presidential powers promotes ethics and morality among its values. In that regard the fact that Hon Mwanakatwe accessed a CEEC loan targeted at the most disadvantaged Zambians, which Hon Mwanakatwe by her own biography and Curriculum vitae is not, is both immoral and unethical. Defaulting on the loan also goes against constitutional values. Hon Mwanakatwe therefore is morally and unethically not qualified to hold a Cabinet position.

The ACA does not make a value call on the fact that the Hon Minister had her handbag stolen while out at night. The Minister was driving her private vehicle in her private time.

 

The ACA Fact -checking unit finds that while Hon Mwanakatwe meet the requirements set out in the constitution for appointment as Minister of Finance as she is a serving Member of Parliament, she is morally and ethically unqualified because of the CEEC loan accessed against set rules and also defaulted on.

 

Hon Mwanakatwe is qualified to hold the Position of Minister of Finance

True and False ✅❌

 

ACA Fact Checking Unit: Building a questioning public.

The ACA Fact checking Unit is part of the EU funded ‘Speak up Zambia Project’ implemented in collaboration with the Freepress Unlimited and the House of consciousness.