Concerns raised over ministers not having yet been sworn in

A number of Afghan lawyers have raised concern about the cabinet members assuming their duties without having taken an oath of office.

An estimated 17 ministers who recently received votes of confidence from Wolesi Jirga members are thought to be working without having been sworn into office.

Concerned lawyers said this was in contravention of Article 74 of the Afghan Constitution.

“The Article 74 about assuming office by the ministers has a clear direction. Unfortunately, this article of the Constitution has been violated,” said Arash Shahir, a lawyer.

“Before assuming office, the Ministers shall take the following oath in the presence of the President: In the name of God, Most Gracious, Most Merciful, I swear in the name of God Almighty that I shall protect the Holy religion of Islam, respect the Constitution and other laws of Afghanistan, safeguard the rights of citizens as well as independence, territorial integrity and the national unity of the people of Afghanistan, and, in all my deeds consider the Almighty’s presence, performing the entrusted duties honestly,” Article 74 reads.

Meanwhile, the Independent Commission for Overseeing the Implementation of the Constitution (ICOIC), however, states that ministers could continue their duties without taking the oath of office.

“Ignoring Article 74 of the Constitution, would not question the legitimacy for the continuation of ministers work but it is a commitment that must be implemented,” said Mohammad Arif, a secretary of the ICOIC.

Meanwhile, a number of MPS also criticized the government for contravening articles of the Constitution.

“I hope the Afghan government finds time to hold a taking of the oath ceremony for the ministers who received the votes of confidence from Wolesi Jirga,” said MP Sayed Hassan Paktiawal.