Executive doesn’t require parliament approval when contracting debt, loans Act must be repealed, rules ConCourt

THE Constitutional Court has dismissed a matter in which former Minister of Commerce, Trade and Industry Dipak Patel sued the government for failure to obtain prior approval from Parliament before contracting national debt. And the ConCourt has ordered that the Attorney General presents a bill to amend or repeal and replace the Loans and Guarantees Authorisation Act Cap 366 of the laws of Zambia and bring it into conformity with the Constitution. But in a dissenting judgment, Justice Margaret Munalula ordered that all debt accrued from 2016 to date be taken to Parliament for endorsing. In his petition, Patel cited the Minister of Finance and Attorney General as first and second respondents, seeking a declaration that the respondents’ failure to…...