A Kabwe resident, Edward Phiri, has filed a petition before the Constitutional Court seeking a declaration that Section 5(1) of the Emoluments Commission Act No. 1 of 2022 is unconstitutional.
Phiri argues that the provision is inconsistent with the Republican Constitution and should be declared null and void.
In his petition against the Attorney General, Phiri contends that Section 5(1) of the Act unlawfully expands the mandate of the Emoluments Commission by substituting the term “public officers” with “state institutions.”
He argues that this change contravenes Articles 232 and 264 of the Constitution.
In 2010, the government appointed the Public Service Salaries Commission (PSSC), chaired by Professor Muyunda Mwanalushi, to review the conditions of service for civil servants.
The commission recommended the establishment of a statutory body to regulate public service salaries.
Following these recommendations, the Constitution (Amendment) Act No. 2 of 2016 established the Emoluments Commission under Article 232.
The Commission was assigned the responsibility of determining emoluments for public officers, chiefs, and members of the House of Chiefs based on recommendations from relevant authorities.
Phiri alleges that Section 5(1) of the Emoluments Commission Act No. 1 of 2022 oversteps constitutional limits by broadening the Commission’s authority beyond what is prescribed in the Constitution.
He seeks a legal interpretation of whether parastatal corporations and quasi-government institutions fall under Article 232 when read with Article 264.
The petitioner is requesting that the Constitutional Court declare Section 5(1) unconstitutional and order its removal from the statute books.
