Thursday, March 28, 2024

Not unconstitutional to forgo presidential by-elections – LAZ

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The Law Association of Zambia (LAZ) has explained that it would not be unconstitutional for the ruling Movement for Multiparty Democracy (MMD) and opposition political parties to agree to support one candidate for presidency without holding presidential elections.

LAZ president, Elijah Banda however said it was currently necessary for the country to hold the presidential by- elections because some opposition political parties have already indicated willingness to contest.

The parties that have shown interest to contest the elections are Patriotic Front (PF) and the United Party for National Development (UPND).

Mr. Banda told ZANIS in an interview in Lusaka today that it would not be unlawful if on the day of filing in presidential nominations, the ruling MMD and other opposition parties nominate one candidate.

“It would not be unconstitutional or illegal if all the political parties choose one person because it means on the day of nominations and elections, the chosen candidate will go unopposed,” he said.

He however said it was necessary under article 39 of the Constitution of Zambia for the country to hold the presidential by-elections within 90 days as some opposition political parties have indicated that they will participate in the elections.

Some leaders from the ruling MMD have proposed that opposition political parties should forego presidential by-election and instead rally behind acting President Rupiah Banda in November this year.

But major opposition political parties yesterday opposed the suggestion by the MMD saying it would be suicidal for political parties to forego the by-election and choose to support Mr. Banda.

The opposition political parties noted that it would not be good for Zambia to abrogate its own constitution and do something else through a transitional government without conducting a presidential by-election.

And various stakeholders have also insisted that the presidential by-elections should be held in line with the constitutional provision regardless of the costs involved.

The United Party of National Development (UPND) and the Patriotic Front (PF) have indicated that they will contest the by-elections while the New Generation Party, All People’s Congress (APC) and the Forum for Democracy and Development (FDD) have backed out of the race.

The presidential seat fell vacant after the death of President Levy Mwanawasa on Tuesday, 19th August 2008, at Percy Military Hospital in Paris, France.

Dr Mwanawasa’s second and final five year term of office was due to end in 2011.

The victor in the presidential by election will serve the remainder of the late Dr Mwanawasa’s term before being subjected to another national election if readopted by the sponsoring party in 2011.

ZANIS/YK/KSH/ENDS.

219 COMMENTS

  1. warning!!! Dont entertain any rubbish wether it’s coming from lawyers or selfish individuals. Voting we will come what may SATA is tht 4th President of The Republic of Zambia.

    Viva PP…. , Go SATA GO

  2. These people really want to intimidate the opposition. Those with no money will pull out but we will back the opposition, especially if UPND and PF join together

  3. Sata is absolutely and completely unqualified to be president. I would not even appoint him village headman. We are in the 21st century.

  4. For the sake of democracy and upholding the constitution lets vote. MMD should not be given leeway to think they are untouchable, LET THE PEOPLE SPEAK THROUGH THE BALLOT. just because abena ZED supported Levy doesn’t mean they will blindly support the MMD picked candidate.

  5. We gonna vote though we already know who the winner is. I hate to say this but with VJ out of political retirement, i see RB winning since the chief rigger is involved once again.
    The opposition still cant rally behind one candidate and that spells doom for them coz of vote splitting…

  6. Even me too, I was caught by suprise. Why ba Katele was rushing to make such a suggestion. Does it mean they are almost bankrupt? And I just wonder where the monies for there new salaries will come from, its like now ba Bana will hav to assent to that since he is acting. Do they think everybody is behind RP and MMD’s blinding folding nomination? All they want is to use the old man for their own personal gains, to manipulate him. I am sure naba VJ is looking forward to getting a job as an Ambassador somewhere in Europe kabili he is the chief rigger.

  7. where is all this no elections talk coming from…besides even if we forego the elections to save the so called money, we won’t even know were this same money will go!

  8. I am ready to volunteer as a polling officer. If money is not available.
    Fyayamba insamushi isha cheap ifi fibantu!!, they will never get away with it lets be united Zambians

  9. LAWLESSNESS ASSOCIATION OF ZAMBIA.Kabili emo mwalelila na mwanawasa. u were hiding in the law. now it has come to haunt u

  10. no 10 you are out of your mind,its RB who is 20years bihind he reprensents the past.sata is not quilified to be a village headman but a president of zambia.MAN OF ACTION GO SATA GOOOOOOOOO

  11. Number 12 i totally agree with you. MMD brough VJ back from retirement, i dont think he came back on his own. They know that with no VJ, no rigging no MMD. These guys are crafty.

  12. Weather (LAZ) has explained that it would not be unconstitutional for the ruling Movement for Multiparty Democracy (MMD) and opposition political parties to agree to support one candidate, ifwe tulevota, it`s time to remove these recycled politicians from power, as soon as RB is made president alalunda ama salaries yaba nankwe and look at his supporters, freaks from micheal jackson`s thriller video that died and have risen from the dead, bena vj, criston tembo …..vintage material iyo natu vote.

  13. ELECTIONS PLEASE! CAN THE ACTING PRESIDENT SAY SOMETHING? WHY IS HE SO QUIET? I HOPE HE IS LOOKING AT HIS CALENDAR, TRYING TO CHOOSE THE BEST DATE FOR THE ELECTIONS. IF, SO, PLEASE MAKE IT SNAPPY.

  14. lets not waste kwacha LAZ is right, let one presidential contender go unopposed, inturn make a coalition govt. they should continue with those talks, its expensive

  15. It seems we lack leadership in this country. Bambo Banda What is the Governments stand on this issue say something man that why you are perceived as weak……

  16. The quadri we are all in is that Micheal Chilufwa SATA and Hakainde dont want to merg so MMd is going to win again, they have the numbers Eastern, Northwestern, Western, Central, Nothern….we are is great sh….t VJ is going 2 be Foreign Affairs Minister, Caleb is being fired, so is Magande so is Masebo , so is Mulongoti and so are some of the mwanawasa people. We unfortunetly r going to bring in the calibre of Teta, VJ , AKA, Chitala, Bwanya Ngandu, Bwalya chiti etc so plz SATA and HH redeem us , fuel will be 15pin soon

  17. Coalition gov is more expensive to run than a one day poll that’s funded by donors. Katele slowly becomin another VJ i suppose….!

  18. I WISH THE LAW SHOULD SAY THAT WHOEVER WAS SECOND IN THE PREVIOUS ELECTIONS SHOULD TAKE OVER FROM A PRESIDENT WHO DIES IN OUR CASE.ATLEAST IT SHOWS THAT PEOPLE HAND VOTED FOR HIM.NOT THE RB YOU ARE TRYING TO GIVE US. NOBODY NOT EVERN MMD VOTED FOR HIM.WAS HE ELECTED MP BEFORE BECOMING VICE

  19. If RB is UNIP, then Sata is also UNIP. I don’t see any logic in thinking that RB will bring UNIP days. If that’s the case, he could be contesting on a UNIP ticket.

  20. thats as stupid as saying its not illegal to kill someone as long as no one finds out. We know that. Did you go to Law school to learn that? I can teach alot then.

  21. these people are saying it will be costly.but let them tell us if it is not costly to increase salaries by the fact that they themselves are getting more

  22. #24 lets just put it straight we are screwed RB is ancient Sata is senile HH is an arrogant twit. so i guess we have to make do with what we have. but zambians please lets fufil our patriotic duty of voting

  23. What is the problem you guys. To add more to the drama lets establish RB’s roots. Are the both zambians. Why do you want to munipulate the process. LAZ are you guys also corrupt. Dont bring problems in this country. Cancale NCC and channel funds to the presidential by elections.

  24. If Katele does’t want to vote let him remain alone . But as for us we shall vote & do what the consitution says . BOAT!!!!!!!!!!!!!!! VIVA SATA . VJ kalulu tapushoka libili we want free & fair elections.VJ you have tired from politics but how come after the death of Levy you have come back . I do not even now if this is intergret for VJ or not .Ba VJ please play the game be honest to your self.VIVA PF VIVA SATA !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

  25. #40. From the Stands
    Sep 8th, 2008 at 3:22 pm Vote: 0 0 “” RB is not fit to take us forward. He failed during Mwanawasa’s illness.””

    What did RB fail you?
    What did you want him to do for you?

  26. If LAZ is right, then let MMD, FDD and other parties afraid of elections nominate, SATA or HH to go unopposed. We are not interested in the Movement for Manupulating Democracy. Ku Voter bane!

  27. #10 who are you to judge Sata? my dear, life is in the hands of God and not you. the good thing is he is still alive and can do whatever pleases him

  28. Lets not try to bend the law in order to suit someone!! the constitution is there to guide us and NOBODY is above the law,so we MUST do us the constitution dictates!!!Zambians be CAREFUL with the so called “learned” who will try to “misinterpret” the law so that they can usher the plunderers into government!!!If you can remember “chiluba third term issue” they brought the same stupid theories!!!!Wake up Zambians!!!

  29. Ku vota bebele! whats wrong with Katele kanshi?
    Shi mpundu should also speak out on this issue as acting president its not right, what ever your plans are guys you are pressing the wrong button this time around.VJ, TEMBO…. are daunting MMD image why are they being entertained? You leaving me with no chouce but to vote for SATA!

  30. Is it true that we forget easily? The consitution stipulates that only a third generation Zambian Citizen qualifies to contest in presidential elections. Now my question is, who is a third generation Zambian Citizen? And among HH, SATA and RP who is a generation Zambian Citizen and who is not?

    Remember zambians that at one point our living former presidents, KK and Chiluba were subjected to citizenary investigations to such an extent of insituting a fact finding mission in our neighbouring countries.

    Please those of you who have read the constitution regarding legitimacy of presidential candidacy speak out now!!!!!!!!!!!!

  31. People be realistic here it is expensive and it will only last 3 years then another one. If the law allows it i would say yes but lets make sure that article 149 is sorted out befor the next elections or should i say the whole constitution. Democracy doenst always have to be expensive. If the other parties refuse to compromise then lets have the election. I dont think the MMD are scared of the elections but if you do not know a lot of money in gov is actually stollen during elections and this is short notice we will loose more than the 400billion these people are talking about.

  32. This is why I was saying that the constitution should be amended to prevent such costly and unnecessary elections. In the US the VP simply takes over to the end of term. Now in Zed we are going to spend money we don’t have to electing a new president who will only serve for 2 and a half years before the general elections are called again!! Zedians must be some of the busiest voters in the world.

  33. voting we should do and i will but for who? Zambia is at crossroads we need TD jakes to come soon to pray for this country for us to choose a leader. By the way how old is Mc Cain republican presidential candidate. So is sata and RB age is just a number wisdom is the ultimate. Whether sata of RB voting we shall.
    Viva zambia.

  34. I THINK AS ZAMBIANS WE SHOULD GET OURSELVES EACH A COPY OF THE REPUBLICAN CONSTITUTION SO THAT WE ARE NOT EASILY MANIPULATED.

  35. LAZ is right, but we have to go for elections and find the right person with majority VOTE.So i go for a VOTE this November regardless the expenses involved in.
    We are the ones who put the law on black and white and not the
    colonial masters

  36. Visililetu va upuba ati no elections … mwaona kuti iza kosa mufunoti nyunya? Aweh, please! Mulungu anati pasa nzelu, ba LAZ, naimwe.

    Consitution ikuti 90 days after the death of a serving president, people must VOTE, not have a leader imposed on them. Levy was no king or prince for somebody to take over.

    Ti vota!! I’m coming home mu November and you can’t stop me!! Leave form ba chita approve kudala, iwe mambala!!

  37. We cant allow finished pipo like Mwaanga and Gen Tembo to come back from the grave to come and rule us that stupidity of the waste kind this country will ever have. RB be carefull who u choose as you campaign members

  38. Ok. thats all very informative ba LAZ i’m just wondering if the MMD will stil be so loud about not holding the presidential by-election if opposition was ready to discuss on condition that they support one of the opposition leader to stand unopposed.

  39. Why vote when it is clear who will win? If not so why were pipo preoccupied with MMD candidate? Ni RB chabe with or without the vote! Beta save some loot for RB to jumpstart projects and continue da legacy!

  40. Why are these lawyers misleading us?. The constitution says elections will held within 90 days. So, what is unconstitutional is not to hold elections. Please, our learned collegues, NO SHORT CUTS to State House. Even during Kaunda era people used to vote for one person, there was nothing like unopposed.

    Anything not written in the constitution is unconstitutional
    Anything not Law is unlawful
    Anything not in the bible is unbibilical

  41. RB is the next President for sure and came 2011 Bwalya Chiti….then HH and SATA should forget….as for HH business will suffer , ba SATA no more standing.

  42. we dont want recycled politicians like VJ bouncing back plise Zedians lets vote for youthful pipo ike HH… GO HH Sata is finished!

  43. LAZ is not out of order. What they are talking about is the issue of constitution. They are not proposing that we should abandon elections. What they are saying is easy and straight forward. They are just saying that if parties agreed to fore go elections, we don’t need to amend the constitution, but it can be done by mutual consent were the other aspiring candidates don’t file their nomination papers. However, since the other parties want election, let us hold them. Sense!

  44. #25 the position on the salary bills is that they are awaiting presidential assent. At the last Cabinet meeting RB refused to sign but whether he will still refuse should he be elected is another story.

  45. Mr lawyer katwishi nga ni LAZ baeba..do u knw wat ur entertaining,rid th mood of the nation b4 u start barking like a rabied dog..as other bloggers have mentioned,tink of th country’s security as u tok.we are voting,and nt having a prez tht wil b agrid upon by a bunch.ths is nt a kingdom.

  46. All of a sudden these guys care about resources and how scarce they are.When we were protesting about their hefty allowances they justified, hypocrites!!! “Give the people what they want, what they want, Equal rights and justice is what they want….one man one vote, is what they want …” (Jimmy Cliff) Aba bamambala balalenga twambe uku lumpenaiza nomba…

  47. MMD often fail to distinguish between government and their movement (yes MMD is not a political party but still a movement). If they are suggesting as a ‘political party’ that RB should be president without an election, then they should as well have suggested anybody else from any political party (eg Ken Ngondo, Miyanda etc) to be president without an election.

  48. # 25!! by the time LPM’s death was told to the nation, the THIEVES had managed to get through third reading. The next step is offcourse presidential assent. One wonders where the OLD THIEVING POLITICIANS think the money will come from for paying these big salaries if they DONT KNOW where the money to hold elections will COME FROM.

  49. Ba LT mulimpile chine lukoso. Why am I not able to post??? You have really pissed me off. To hell with you chima pro Banda site.

  50. Twakana, stand for yourselves, lets just donate that money to reduction of poverty and give ba sata 20billion to keep zeeee.its costly zambian to go for polls. lets assume mwanawasa is still alive coz very few of you are even feeling the pain, GO GO MMD and other parties pls, join them coz wat gurranttee do you have MMD will not rig the election. RB Continue but we will give you just this term.

  51. #10 Uli chipuba sana,you need a reality check.

    Sata is the only one fit for the next three years then HH, not any of these MMD Vultures.

    We(some of us) are in Zed and we see what is on the ground.

  52. Princess, ngachali niwebo, be fair and stand if you want. walitumpa fyee! tawafundwa. those are you parents you are talking about.

  53. RB is UNIP …SATA is UNIP they both served in several high positions under Kaunda in UNIP Govt….SATA even ate with Chiluba!!!

  54. Ku vota! we don’t want ghosts who have just risen from the dead(VJ, Chital,Tembo) in the next govt.
    Those who are tlking about another state funeral, death comes for us all, even at birth, but does stand aside. Even the people you think are halthy can die. And we will all die some day anyay.

  55. Iyo kwena niwe chilande lande #92, but I like #86’s suggestion, let the MMD forego the election themselves if they want….but give the people what they want….and Sakwiba Sikota, I’m so ashamed that I carried you at the back of my mind as a possible presido material in future….you’re a total disgrace.

  56. Why are they only talking bout giving the presidency to RB while we have got two major opposition parties,if MMD has no money or not interested in bye-elections give the presidency to SATA or HH full stop..

  57. ok but for real LT u need to fix that ” you are posting comments to quickly” ..quickly nabanani!!! ma rubbish fix that crap!!!!

  58. Zambians MMD government is a government of laws. Why the scepticism on holding elections. The opted to increase salaries and close UNZA.
    We need to be serious. RB did not even participate in 2006 elections.

  59. We want elections period. What happens if RB loses the presidential elections? Does he become a commoner? Viva the opposition. This is your chance you have been waiting. Watch out for VJ and the helicopter transportation of ballot boxes. That is the time when the rigging takes place. HH and SATA go, go, go… I am behind you. I have worked for my money to date I have not been given and yet the ministers want to have salary increments and allowances.

  60. Not unconstitutional for MMD and opposition political parties to agree to support one candidate for presidency without holding presidential elections.
    What about during the 2011 general elections? Can we forego the elections and let the ruling party continue including all the MPs?
    LAZ think?
    Don’t put stupid ideas in peoples minds or else we are going back to a one party system.

  61. #53, LAZ read:
    Art.38. (1) If the office of the President becomes vacant by reason of his
    death or resignation or by reason of his ceasing to hold office by virtue
    of Article 36, 37 or 88, an election to the office of the President shall be
    held in accordance with Article 34 within ninety days from the date of
    the office becoming vacant.

    (2) Whenever the office of the President becomes vacant, the
    Vice-President or, in the absence of the Vice-President or if the Vice
    President is unable, by reason of physical or mental infirmity, to
    discharge the functions of his office, a member of the Cabinet elected by
    the Cabinet shall perform the functions of the office of the President.

  62. Zedians which presido can manage these with little resources.

    with the last three years to go before 2011,

    1.Zambia Striked by drought for 2yrs no rain.
    2.Fuel increased by US$500per baler
    3.Disease such as Aids,cholera,malaria,TB ect go up.
    4.inflation shorts up
    5.Housing short increase.
    6.infrastructure undeveloped.
    7.No Donor support.

  63. In all objectivity and democracy, Dr. Kalumba made a suggestion. Upon consideration, it has been received with mixed feelings across board. But with two major political parties opting to go to the polls, an election is indispensable. Let’s play ball!

  64. #25 if I recall very well the salary issue reached the committee stage before LPM died.Tommorrow when parley resumes it will be the chance for them to restart the issue of salaries and I bet they will conclude the issue in their favour before the elections.

  65. let the constitution be respected by all zambians,including the pipo who interprete it(lawyers).Zambians workup pliz,we need to go forward and develop our country.Power is sweet,No recycled materials at statehouse.abash VJ and his crone.

  66. Sata…poor strategy again…let him go on to Western, Nortwestern and Eastern and Suthern…otherwise Lusaka is not Zambia…Sata loses again!!!

  67. #115 continued..
    so ‘LAZ’, may be it is English which is our problem or we don’t even read the constitution.
    Instaed we just hear about it an we want to comment on what we dont know.
    In my view it is better to ask where we are not sure,
    other than put it to others like we know what we are saying.
    That tends to mislead others.
    In any organisation, when the CEO is not there and someone begins to perform the functions of CEO,
    such an individual is actually acting in place of CEO, and thus is ‘Acting CEO’.
    So where is the problem with RB being refered to as Acting President; where is the constitutional violation?

  68. There shoul be no short cuts in national issues no matter what personal preferences one has.we have aconstitution to follow and guide us.This shows the calibre of our cabinet.Kalumba as a dr should have known better about such basic interpretation of the laws of our land.Please never make the same mistake of voting such dull people

  69. Ba Elijah naimwe.even us hav gne thru UNZA.ku voter fye,nt ama rubish ayo mule boohsa..js prepare 4 tmrow’s case and let us vote..

  70. Ala bane Are these people (RB, Katele, LAZ etc) reading our comments? I hope they are because it is just a worst of time and money commenting. Can someone please introduce all of them to this website!!

    I believe only God knows who the next Pres will be.

  71. Sata and HH should team up and remove MMD out of the game. we want change. When Sata and HH team up let them Porch Magande as Finance Minister. How about that?

  72. We are definitely voting, whether Katele likes it or not. I should admit that I am one the people who didn’t want Magande to be nominated coz of his connection to the Family Tree and the POST. Either am I a suppoter of SATA,but watching those vultures (VJ, Christone Tembo & co)resurrect from their political grave yards I am going for Sata. If RB goes thru we surrendering our Nation to corrupt opportunistic drug Barons who will swallow all the economic advancements we’ve made so far.VOTE wisely

  73. Friends, you seem so excited about Michael Sata and Pabwato in this election. Please enlighten me how PF will win the election without merging with UPND. We all know the voting patterns in this country. In the last 2 elections we have learned that Zambia is so big: Elections are not won in three provinces. It’s like red and blue states in the US. What is the strategy?

  74. MUGABE SITS ON HIS THRONE AND LAUGHS AT ZAMBIA HAHAHA GRACE BABY LOOK AT THESE CHAPS.. THEY TOLD ME I WAS WRRONG HAHAHHA!! NOW LOOK AT THEM!

    MMD U WONT STOP THE ZAMBIAN PPLE FROM VOTING KU VOTA BANE VOTE OR DIE..

  75. Expensive or not expensive we have to vote, the costs for this is not coming from anyone’s pocket, money is there so we shall vote.

  76. SATA and HH continue to think sharing the votes along the line of railway doesn’t matter.
    They also feel that the village is not good for politics.
    For example, if the manifesto is primarily based on reducing tax without telling people how you will raise money, how on earth can you campaign to a villager?
    But beware of the power of village votes, they are scattered but they are many.
    Zambia is mainly made of village, politicians aught to know that.
    Therefore priding in sharing rail-line votes is a dangerous political practice. This is what makes the opposition weak!

  77. Am very suprised MMD think this country is there own… They even think they can ovelook the constitution.. Bacause all these economic archievements of there’s have not put money in the pocket of an ordinally zambian pipo are still poor.. high fuel prices, power cuts, high transport costs etc.. and Tetamashimbe has the guts to say MMD should be allowed to unoppsed coz they have majority MPS… They would disolve the pariament if oppossition rules coz they have more MPs… Shame on u i dont think u even think b4 u open your mouth.. This is not your father’s kingdom.. We are voting weather you like it or not.. am coming home to vote….

  78. Iwe cheese no 10.if you do not have anything to say just close your mouth.What makes you think that Mr Sata can not be H/man of a village,or president of Zambia? And who are you to say like that? WHAT MAKES YOU VALUABLE THAN SATA TO THE ZAMBIAN PEOPLE?
    If you have benefited from you MMD just keep quit.Have been an MMD member,infact a strong one than you,yet nothing is to truly show the poor boy in the street.KK did his side that evn now we can all point out.
    Do not just say things out of wind.Infact you acn never be the H/man yourself.

  79. RB has never been tested through ballot paper. so he cannot go through without elections. if you dont want elections vote gor for SATA because he was the second from Levy period.

  80. LAZ should have foreseen the implications of having a clause that allows by-elections. Dull chaps in LAZ. We are a country of Rules and Laws, and we shall go by that and VOTE the Movement of Mad Dogs out…

  81. Iwe Princess do not blame ba LT when its your f@#$ server that has a problem. Just go and pay your bill. Even internet you still believe in handouts.

  82. No need to stress over the elections.the constitution has the guide lines.Lets just abide to the guide lines to avoid acrimony.remember that the constitution is like the bible to christians,there no departing from it regardless of how unsuitable a certain issue is.lets uphold the rule of law.patriot for life.

  83. We are going to vote no matter what. And we are going to vote RB.
    Sata can only make us go for another election before 2011.
    HH is too small with support from only 1 province.

  84. If our neighbour – Zimbabwe- with their hyper inflation could hold a re-run, why can’t we?. If it’s true that our economy is doing great, then I see no reason why we should forego these elections. Mind you, democracy does not come cheap. If we can not afford democracy, we might as well abandon the ideology and go back to our jurassic way of living.

  85. You are all time wasters. After all the majority of you on this blog are abroad and you are not even voting. Sata has serious issues with his 26 MPs he “hates”. You are talking of 26 constituencies where the vote for Sata has been “polarised”. For sure, it wont be like the 2006 results. The man is in a mess. Just ask Machungwa and coallegues.

  86. It is very saddening indeed that even our laerned lawyars can join in the call to ignore what the constitution of the land stipulates.
    Their is really nothing to be scared of, if RB is going to be our next leader let him win through the ballot.

  87. To be able to be effective as president given the partism politics that exits in Zed one needs to have the majority of mps in parliament. So even if an opposition president wins under the current senerio,He would not be able to pass any meaningful legislation hence be totally ineffective. The opposition should look at winning more MPs & so let them focus on the 2011 election. But of course power is so sweet & makes our politians myopic. Sad!!! We need a new crop of politians who would be in it to serve rather than enrich themselves.

  88. I think the reason for holding an election should go beyond parties being willing. The people need to give a mandate to any leader before they can take up the role. That inspires confidence for the one elected and for the people themselves. If we get the feeling as a country that leadership has been handed to one person by the political elites it may prove more costly in the long run. Despotic tendencies grow out of insecurity and fear of insurgency which may arise out of discontent if people don’t participate in electing their leader.

  89. We should really adopt the presidencial running mate system if we are to avoid the costly presidential by-elections.
    HOWEVER, OUR CURRENT CONSTITUTION CLEARLY STATE THAT WE GO TO THE POLLS AND THATS EXACTLY WHAT WE GONNA DO!

  90. Mark my words, if HH and SATA go it alone RB will be the next President. They will never rule the only way is for them to unite! then we shall have a better Zambia. Otherwise MMD will continue for a long time to came.

  91. Picture this- Budget is limited to how much tax is collected and hand outs from donors(debt). Fertilizer support will have to suffer,Maize buying and other things such as UNZA and the little that goes to the teachers , health and Rural roads etc. The results may be disputed and by the the time the issue is resolved we will be looking at another election . I think these guys should just keep their cool and prepare for 2011. RB will have enough rope to hang himself by then and these guys will still fight for the MMD presidency.we need to think about the stability of the Kwacha,Investor confidence etc . By the time a new govnt. finish appointing the last guy it will be time to vote again.

  92. #83.Uchipo come back home and vote for the MMD. I have never voted for the MMD and it seems i will continue that way cos of the rubbish i see there. VJ? Christon tembo? Rodger chongwe? No guys please!

  93. We could have allowed them to finish of the term on compassionate grounds,but they should have made consultations before going public with their proposal.As it stands despite whatever good intentions they might have had ,the idea will be shot down from all angles and rightly so too.

  94. Both Sata and HH are selfish.
    I say so because the only way to boot out the MMD is for them to team up.
    As it is, the MMD will continue – what with the likely sympathy vote!

    As long as the Sata and HH refuse to come together, they do not bhave the interest of this country at heart.

    RB will remain the better of the three bad guys. VIVA RB – as vulnerable as you are. But keep seasoned thieves like VJ, Mabenga and Katele ukutali. Their long fingers stink.

  95. 173. Pachulu

    I have voted for MMD only once and when i cant decide who is the better man i saty away.and you where are you posting from because wherter i vote or note RB will be president and as usual Lusaka will vote Sata but not as much as they did 2006 copperbelt will be 50/50 rural areas already think RB is president some of them being traditional will think if he has already been there after the late then why should we change so like last time rural areas will go to MMD do the maths

  96. So now Sata thinks that the chinese are ok and that they should not fear for their investments! That man has a big mouth and no breaks. If he becomes pres of Zed, all govt energies will be taken up trying to undo the damage he has done by some indiscrete action or utterance of his. Zambia should not be ruled by a populist and unrealistic clown.

  97. Gentlemen,
    Zambia is for ALL Zambians NOT for MMD alone, so VOTE is a must. Among the 11Million plus Zambians, I can confidently 101% say we have capable Morally, ideologically and academically qualified People key in driving Zambia to a Middle income Country short than even the 2030 National Development Plan of the new deal.
    All we now need is a president whose 1st priority in office within 90days sorted out the NCC pending issues and have the Constitution adopted. To secure and protect Zambians and all the state institutions of governance. Separating with full autonomy and financing the three arms of government i.e. Legislature, judiciary and executive like it is in some civilised count

  98. Ba Elijah Banda ur dull! Surely u bring shame on LAZ. Your memebers wonder why they voted for u. Even a mad man can request for your bar papers to be re-marked. What has happened to LAZ? Remember LAZ dim wits should not head your association.

    Bravo #113 and #114. You guys have summed it up all.
    Wheather RB or whoever is in power, people have to vote. LPM must be sad watching from the fence – at the chaps he has left behind. Corrupt and unprincipled guys are back!All the crap guys ve woken from dust bins and are coming to rule us.
    Sad
    Rest in peace LPM

  99. Laz say and educate the people what the Law says.You a bunch of Legal advisors.Don’t issue lame statements that it is okay todefile the constitution!This is bull…

  100. Nice points #57. Who is a real Zambian among those that have shown interest in standing for Republican President in the November elections?

    Can LAZ, tell us as a Nation and People who qualifies and who does not qualify so that people can vote wisely.

  101. Once again people are responding in an emotional manner without grasping the context within which the remarks were made. Please read the whole article before responding. The LAZ chairman was responding to calls by some quarters to field one candidate and forego a full election. He said it would not be illegal, from a constitutional standpoint. This does not mean that He personally supported doing this or that it should be done.

  102. He said according to the constitution, it would not be illegal. He further went on to say, right now it is necessary to have an election because there were several people interested in standing, and reaching consensus on one person would almost be impossible. Please read and understand the whole article before you start shooting aimlessly.

  103. well said Logical Observer some people in this blog is like talking to a brick wall they never get the real issue at hand if you think you can correct them you will do that everytime you log in or maybe the problem is some are here just because they have nothing to do and maybe they miss Zed a little too much and mostly under 23s.
    I just dont get it as to why you people cant read the whole report

  104. # 189, thank you for the kind words. It seems this culture of shouting the loudest while being void of reason is really permeating our country/ people at many levels. This is why I said on another blog that mediocrity and the lack of critical thinking skills will doom our nation. Some things don’t even require higher education to understand…just reading.

  105. #188 you say “He said according to the constitution, it would not be illegal.”Now my question is which part of the Constitution makes it Legal?Because if the Constitution provides another way of selecting or putting a person in plot 1, then we should know and explore it.I thought thats why the constitution was written; to guide the nation in such times Zambia is facing!

  106. #192 I’m glad you’re raising those questions, and I think every right thinking Zambian should, if this (and any other) debate is going to prove constructive to the country. Instead of crucifying every individual that makes an ‘interesting’ statement in the media, understand and analyse what they are saying-then dig deeper, lest we be misled. Are there really any alternatives in selecting a President in Zambia?

  107. My interest in knowing key parts of the Zambian constitution has definitely peaked with LPM’s passing and the rise of many characters wanting to ‘take the nation forward’, but I’m yet to find the concrete answer to your question. If I find it in a timely manner, I’ll post it for our mutual enlightenment. Hopefully, it will be likewise if you do.

  108. Elo bwacha. This LAZ chairperson says it is not unconstitutional to forgo elections. Have you read todays Post? Sangwa says, and I quote: “PROMINENT constitutional lawyer John Sangwa has said it would be illegal and unconstitutional to allow Vice-President Rupiah Banda become President of Zambia without an election.

    Sangwa, in an interview yesterday, said there was no other method of ascending to the position of Republican President without an election, as required by the country’s Con-stitution.

    “The only way one can become President is through an election under the Const-itution of Zam-bia,” Sangwa said. “There is no other way but through elections.”

    TWAFWA NOMBA.

  109. We can not rely on LAZ for guidance on this matter. They are incompetent. Recall that these guys had over 40 spoiled ballot votes during their elections to decide whether or not to participate in the NCC. How possible is this for our ‘learned’ colleagues?

  110. Todays Post writes “Treasury Ready to Fund By-Election”

    “THE Treasury is ready to fund the forthcoming presidential election, Secretary to the Treasury Evans Chibiliti said yesterday.

    And Electoral Commission of Zambia (ECZ) director Danny Kalale said the Commission will go ahead and conduct the presidential election.”

    SO AT WHAT STAGE DID KATELE KALUMBA CONSULT WITH THESE PEOPLE FOR HIM TO HAVE DECIDED THERE WAS NO MONEY TO HOLD ELECTIONS ???!!! HE’S A REAL &@#@$!

  111. It is good we have people like logical observer who can stir the whole discussion in the right direction, coz we were risking letting this debate going to waste…Just to help out on #192’s question, what the LAZ president might have meant was that the consititution allows a candidate to ascend to presidency if he is unopposed, without elections taking place. For this to happen, it would have meant Sata and HH (and any other) would have agreed not to file in their nominations on the prescribed day, leaving RB as the sole candidate, but since there is a snow ball’s chance in hell for this to happpen, elections have to go on (read article 38 – 40 of the constitution)

  112. Elections must be held because money is available.where the govt got money for flying the body of the late LPM s.c to all provincial centres in the country is where they must go and get more money again.your time is over 4 MMD we sorry.

  113. its unfortunate that mmd has started making such pronouncements,we need the elections in order to fulfil the tenents of the democratic dispenstion.
    pf,upnd pact?to me pf has some good policies but no credible pipo to be ministers. the pact would only favor the one who becomes president.what hapens in 2011 when the pact ends?i feel pf should support upnd.

  114. ALALE ABA! MMD DO NOT USE THE WILL OF MWANAWASA FOR POLITICAL CAMPAIGN. NO ONE IS DISPUTING IT! WHY ARE YOU PLAYING IT AS IF IT WERE A SONG?
    GOD HAS A VISION FOR ZAMBIA AND A PUROSE FOR ALL OF US. FIND OUT WHAT YOUR PURPOSE IS INSTEAD OF SINGING ABOUT WHAT MWANAWASA DID.
    IT IS BORING NOW
    MWEBANTU LETS VOTE FAST AND DISCOVER OUR RIGHTFUL POSITIONS IN SOCIETY

  115. Bane poseniko amano pantu muchita kwati mwaisa mukutandala nelyo muli bena Zambia.
    LAZ you should be ashemed of yourselves, why do you want to bring confusion in the country.
    Ku VOTA bane SATA GO GO GO GOOOOOOOOO.

  116. bane ndeti nakube ama elections. The problem is that even if we were to forego the elections (fat chance!) we would never feel the benefits of the saved money. YUNZA will remain closed, Zed will still have only one UTH and potholes will still be here. Kanshi ku voter bebele, at least we get to have a day off from work!!

  117. Logically speaking, If the MMD want to forgo the elections and bestow a president at no cost at all, the the ’second’ presidential aspirant from the last elections should take up the seat. After all, he was duly elected and not selected by one party.

    Let us also bear in mind that SATA was the ‘legitimate’ and duly elected president and that only because the system ‘robbed’ him of that seat. So now, it is only fair that he continues from where he was supposed to have started.

  118. For sure we have to vote! Nomba bane tuchenjele! Lets vote for someone young who can help us take our country to a higher level. Lets not vote for abakote naba lwele mwe bantu! We do not need to have another state funeral mu Zambia. We cannot afford to go through the devastation of losing another president. Why cant we vote for a young VIBRANT Zambian? Bushe kwena do we need recicled politians to continue ruling us? Lets give the younger generation a chance – we have a lot of young educated men and women who given the chance would perform well. Imiti iyikula, empanga!

  119. If think lets just let SATA continue where he should have started from since he came out second in the last presidential elections that we had. At least he will have the legitimacy of the Zambian people, since the MMD dont want to have the elections.

  120. 38. (1) If the office of the President becomes vacant by reason of his
    death or resignation or by reason of his ceasing to hold office by virtue
    of Article 36, 37 or 88, an election to the office of the President shall be
    held in accordance with Article 34 within ninety days from the date of
    the office becoming vacant.

  121. 34. (1) The election of the President shall be direct by universal adult
    suffrage and by secret ballot and shall be conducted in accordance with
    this Article and as may be prescribed by or under an Act of Parliament.

    (2) An election to the office of President shall be held whenever the
    National Assembly is dissolved and otherwise as provided by Article
    38.
    (3) A person shall be qualified to be a candidate for election as
    President if-

  122. 38. (1) If the office of the President becomes vacant by reason of his
    death or resignation or by reason of his ceasing to hold office by virtue
    of Article 36, 37 or 88, an election to the office of the President shall be
    held in accordance with Article 34 within ninety days from the date of
    the office becoming vacant.
    (2) Whenever the office of the President becomes vacant, the
    Vice-President or, in the absence of the Vice-President or if the Vice
    President is unable, by reason of physical or mental infirmity, to
    discharge the functions of his office, a member of the Cabinet elected by
    the Cabinet shall perform the functions of the office of the President

  123. When Rb and his band of crooks underhandedly appointed himself head of MMD with the rigged election last week against Magande you were all celebrating; now that he and is bandits are showing their true colors (in that they will stop at nothing to plunder the country, bringing us back to the Chiluba days) now you are all worried? My belief is that when you open the door and let the devil in there is going to be hell to pay.
    Buckle up comrades, stealing or by passing the upcoming by-election is only the tip of the iceberg! The country will suffer for allowing the first wrong to go uncontested.

  124. The above posts are excepts of The Constitution of Zambia.Note that regardless if there is only one candidate, elections should be conducted within the limits of the Law or It does not say that because Sata came second in the previous elections should automatically be president!NO!Fellow Zambians we should not allow our feelings,beliefs ,partisan and logic thinking replace the Zambian Constitution.The constitution is clear.This should be our ‘bible’.It does not give MMD or any other party any advantage.
    aikona uku lukuchita ama sangalatoni ne ma Funde Ya Zambia!

  125. #212, it was an MMD election.And that is the bad side of democracy.They vote, who ever gets the maturity wins. remember just like American candidate,Al Gore lost last time.But we should not lose hope .Lets wait and see what kind of Candidates the other parties will provide.

  126. Elijah Banda was right. If at the close of nominations there is only one candidate, that candidate is declared winner. No election needed there. Its as clear as mineral water.

    Dont be fooled by the masters of rhetoric.

  127. Article 34 [Election of President]
    (7) If, at the initial poll, a Presidential candidate receives more than fifty per cent of the valid votes cast, the returning officer shall declare him to be elected as President

    (12) Where there is only one qualified Presidential candidate nominated for election, that candidate shall be declared as elected without an election taking place

    As it is right now, we have other aspiring candidates so the elections should be held.

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