•  
  •  
 

Publication Date

11-2021

Abstract

In 2016, the Constitution of Zambia was amended, introducing a provision that required the National Assembly to approve all debt before it was contracted. The Constitutional amendment also introduced a requirement that legislation relating to the contraction and guaranteeing of debt should provide the category, nature and other terms and conditions of a loan, grant or guarantee that will require approval by the National Assembly before the loan, grant or guarantee is executed. Unfortunately, since the constitutional amendment in 2016, the government of Zambia acquired numerous loans without the approval of the National Assembly of Zambia. The Petitioner, a former Minister, petitioned the Constitutional Court alleging that the Minister of Finance and the Government had violated the Constitution by acquiring debt without the prior approval of the National Assembly of Zambia. The Petitioner also alleged that the Loans and Guarantees (Authorisation) Act was unconstitutional as it failed to mandate the Executive to seek approval for debt before it was contracted.

Download

Share

COinS