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Friday, April 26, 2024
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PF sue Attorney General, ECZ and MMD over RB’s parentage, hearing set today

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PF Secretary General, Wynter Kabimba
PF Secretary General, Wynter Kabimba

Opposition Patriotic Front (PF) secretary general Wynter Kabimba on Wednesday sued the Attorney General, Major Kachingwe and the Electoral Commission of Zambia (ECZ), claiming that the ruling party could not by law sponsor President Banda because his parents were not Zambian citizens.And High Court Judge-in-Charge Jane Kabuka set today as the date for inter-parte hearing on the matter.

The Attorney General was sued in his representative capacity pursuant to the provisions of the State Proceedings Act of the Laws of Zambia.

President Banda is being represented by Messrs Mvunga and Associates, SNB Legal Practitioners, Eric Silwamba and Company, and George Kunda and Company.

Mr Silwamba said civil procedure that was being sought through the High Court was wanting in jurisdiction because it was premature on any law relating to the election of president.

He said the High Court judicature for Zambia was wanting in jurisdiction as any question which may arise as to whether any provision of the Constitution of Zambia, Chapter 1, Volume 1 of the Laws of Zambia or any law relating to the election of the president had been complied with should be referred to and determined by the full bench of the Supreme Court of Zambia, pursuant to the provisions of Article 41 of the Constitution.

And Attorney General Abyudi Shonga said the move taken by PF through the use of a writ of summons was a wrong mode, adding that the court could be moved by way of petition.

Mr Shonga said he was aware that both the Constitution and the Electoral Act number 12 of 2006 provided for the manner in which any question which may arise as to whether any provision of the

Constitution or any other law relating to election of a president had been complied with maybe brought before the court.

ECZ director Priscilla Isaac said the commission was improperly joined to the proceedings as it was not a body corporate capable of suing or being sued in its corporate name.

Ms Isaac said according to the provisions of the State Proceedings Act, the correct party to be sued was the attorney general.

In this case, Mr Kabimba is claiming a declaratory judgment or order that the parents of President Banda were not citizens of Zambia by birth and that the MMD could by law not sponsor him as a presidential candidate in the 2011 presidential and general elections to be held on September 20.

And Lawyers representing President Rupiah Banda in a matter in which he has been taken to court by the Patriotic Front (PF) over his parentage have described civil proceedings by the opposition party as totally misconceived and irregular.

They have argued that the PF claim could not be used to halt the nomination of President Banda as a presidential candidate in this year’s elections.

Lusaka lawyer Eric Silwamba said the civil proceedings instituted by the PF and the act to join MMD national secretary Richard Kachingwe to the matter was incompetent and a wrong mode which could not be heard by the High Court.

He said the matter should be referred to and determined by the full bench of Supreme Court pursuant to the provisions of Article 41 of the Constitution of Zambia.

According to a notice of intention to raise preliminary issues filed before the court yesterday, Mr Silwamba said the civil proceedings instituted by the PF were a wrong and premature way of challenging the appointment of President Banda.

He said the matter could only be commenced after the presidential election had been conducted and the president sworn into office.

Mr Silwamba submitted that the originating process commenced by PF through a writ of summons was a wrong mode to impugn the qualification of election to the office of president as stipulated by Article 34 of the Constitution of Zambia, chapter 1 of the laws of Zambia as read with provisions of sections 20 and 21 of the Electoral Act number 12 of 2006.

[Times of Zambia]

152 COMMENTS

    • Why failing to be consistent. complaint to LAZ, AU, SADC, UN and now courts. which is which? maybe it is a sign of immaturity, lack of startegy and confusion in the pf camp. vuso

    • Let them apply the same law they applied to KK in 1996, a birth certificate is irrelevant, My NRC shows i was born in Livingstone, My Fathers NRC shows he was born in Ndola, and my grand fathers NRC says he was born in Mporokoso. Every Jim and Jack was issued with an NRC after independence can someone go into national archives and dig it up, or as we suspect there is no record of Mr Banda senior!!

  1. Lelo no lelo, wapya mundzi!. This is the beauty with Democracy, you cannot ignore certain issues just because you are so and so and because you have money. let’s now see our galant legal practitioners at play in our courts of Law. Long live Zambia, long live Milton Phiri…

  2. your competitors are busy campaigning and you are wasting time in court and on issues you know well that they are neither here or there.

  3. Nothing wrong in questioning RB’s parentage coz even Obama’s was questioned. Let the courts of law determine the case.Stop condemning PF who knows maybe the case can go either way.

  4. Excessive ranting by Kabimba suggests he is feeling the pressure of realising that, mot only are they unlikely to be talked about in 2 months time but that they are clearly dealing with the last days of being in the lime light. If and when they lose no one will be talking about this cockroach at all.
    It is amazing how he is making more noise that the person who should be more in the limelight , ie his president. Lately he has come out extremely arrogant, question IQ and lacking any acumen in his statements, absolutely off what is expected of someone meant to be vigorously campaigning for his party.

    He is clearly berefit of his job and his cynicism is a worry. He comes out as some one who is here to troll and has no PF at heart but cares more of himself. Sick Thanks

    • Mushota i cant believe this you. Am getting in love with you. Remeber i accused you of staying in matero. Am sorry i missfired. I didnt conduct my investgations well.

    • Mushota.. why are you disappointing me!! is it really you or just some buffoon pretending to be you??!! I hope as i read through the blogs I’ll read something that will convince me that it’s really you.. and not the softy am seeing.

    • You are right Mushota,kawimba should advise Sata to stand as a pope candidate,he is too old.look at Cameroon and Nick they are in early 40s why should we have Sata in his mid 60s ? Shame.

  5. going by the number of hired legal men by RB it seems to me there is smething in this. i had no interest in this story from the begning but for now wait a minute.

    • Don’t get excited sir. PF is just wasting its precious time for campaigns. It is very difficult to unsettle the sitting president using the means PF is using. No wonder HH has refused to back Sata’s claims. Kabimba as a lawyer should have helped Sata to understand the matter b4 taking to court by reading court’s ruling over FTJ’s and Kaunda’s parentage issues.

  6. The Law! The Law! What law when it is breached and used to settle scores at every turn. The interest is the constitution. Did RB breach it, knowing one or both of his parents was/ were not born in Northern Rhodesia? Why was he so reluctant to run for president in 2008, until late Tetamashimba bulldozed him into an election he promised to serve for three years only? Could it have been that he was aware that his late political advisor’s 1996 constitution disqualified him?

  7. Hahahaha….  PF can not come up with a list, the were hoping for mass defections from the MMD

  8. These lawyers have being caught off guard,looks like they are hiding something.They cannot deny that he is not qualified constituitionary.

  9. hehehe..Wynter Kabimba has already messed up with the whole process..hhahaha..it will be thrown out..he doesn’t even know the procedures..hahaha..thats PF and its leaders..sorry guys..in the next life!

  10. Now u can see that money isnt evrything..trust in God..Who new things wud turn out like this? Awe kwena!! Fa lwachincha mwa bulozi luhanile..Ki bo Sata sha!! Halusika libala mali asuluhile mwa bulozi…\:d/

  11. for once i think pf need a part on the back, great maturity. its good thy still have faith in our judiciary. this doesnt happen regulary on our continent-democracy at play. zed show the world how to do things- let the law speak.

  12. ba # 6 kupusa…

    To Hell with what u are thinking in ur dirty mind. Do u knw the coast of Roller Meal cz i cnt talk about breakfast which is just for u. Do u knw that there is no Tar Road in lukulu district ffrom indipendence? Which development are you starnding for? I dont want to say muc…u are jst there in the city u dnt travel and u think all is well…Fusekeni..Wind of change..sata doesnt need to go round campaigning..he has already won…

  13. Wynter is typical of a Man , who is proud of their own voice. Wynter we hate you , and you are one of the Zambian men that makes some of hide when we a Zambian flag and have disowned this country
    If you are hearing me, I will tell you this; You are a fiend and a coward of MMD, and you have bad breath. You are degenerate, noxious and depraved. I feel debased just for knowing you exist. I despise everything about you. You are a bloody nardless newbie twit protohominid chromosomally aberrant caricature of a coprophagic cloacal parasitic pond scum and I wish you would go away from PF and leave people with integrity represent this party. You swine. You vulgar little maggot. Don’t you know that you are pathetic? You worthless bag of filth. My white fiance thinks you stink. Go away. Thanks

  14. i used to think pf was ready to challenge mmd head-on. this useless battle they have embarked on has a lot to tell. they are simply exposing their fear of lupiya and thus proving that he is more popular than sata. god help us.

  15. Waste of time. The opposition should concentrate on their own policies and appearing to be credible leaders instead of winging like failures who have lost the election already.

  16. #11, constitutionary!! lol.. anyway, the problem with democracy is that no matter how inconvenient a law can be, as long as its in the constitution then that law carries the day. Thats why when we said that we needed a people’s constitution and NOT a person’s one, George Kunda and RB thought we were spoilers. If its true and I believe it is, going by the panic this issue has raised, then RB should not only stand but also be tried for breaching this law, no matter how useless it is.

  17. This is a ploy to detract attention from PF’s inadequate preparation for the election. They were trying to create an impression that there was a wind of change and were hoping that the spectators that were seen at rallies would translate into votes but alas the only wind on show is that coming out of their proverbials. Leadership is also about statemanship and doing things in the national interest but these chaps are on some foul shiiiiiiiiiiit!

  18. This is pure democracy. Its very cardinal to know our leaders originality no wander in Zambia we have corrupt and selfish leaders ruling us because they don’t care. Go go Kabimba and PF we are tired of the corrupt MMD

  19. There are a lot of i.d.i.o.t.s on this blog. There are so many people that are not PF that would be interested to know if RB is a Zambian by descent and that both his parents are Zambian by birth. People there are zambians in prison right now. They are not there for fun but because they breached our Laws of Zambia according to our constitution. RB doesnt have to argue but just prove the allegations. MMD should be laughing at SATA with papers in there hands like the democrats did in the USA from the Most Powerful man on this planet.

    Here where we live we have had a senior judge, former minister and so fourth going to jail for 100 dollar offences. Prime ministers removed for not meeting the people demands. Its a democracy nothing wrong. But look at you.
    Kamu le Chula ba mambala.

  20. Kabimba has already lost this case on procedure. What kind of this who can not follow procedure.Originating summons can not be used in this case ba kabimba. which law school di you go to? Shame on this red liped lawyer

  21. AN EXTRACT FROM WIKIPEDIA. Visit it before you argue from without….

    Banda was born in the town of Miko, Gwanda, Southern Rhodesia (now Zimbabwe); his parents had come from Northern Rhodesia to find employment prior to his birth, and he was sponsored by a local Dutch Reformed Church preacher (and later, the family of B. R. Naik) to continue his education into adulthood. He became involved in politics when he joined the youth wing of the UNIP in 1960. Banda married his wife, Hope Mwansa Makulu, in 1966 and the couple has three sons together. Banda also has two sons from previous relationships and a set of fraternal twins from his current marriage. He was the UNIP’s representative in Northern Europe in the early 1960s,[5] and in 1965 he was appointed as Zambia’s Ambassador to Egyp

  22. What happened at SADC, AU and UN? i thought these fools said would take the case to SADC, AU and UN……Anyway, once losers always losers, this case is going nowhere, PF is just showing that they are not prepared for elections. 

  23. RB’s feeling the heat. trust me this thing is worrying MMD day in day out. they know it wont be an easy thing to defeat in our courts. if you guys are saying that PF is wasting time, whose time are they wasting, their own time? let them wast it. that should be an advantage for MMD, but the worry in the MMD cant shows that they are scared of this issue. hahahahahaha. wina azalila. lets wait and see. bar man, beer please!!

  24. Pa Fwaka…you are losing valuable time. Go and campaign, tell the people what you will do when you come into power. When RB was adopted in 2008, all the homework was done, all issues were cleared, just campaign and win through the ballot.

  25. #30, it is not easy to prove where one was born if they were born during the colonial era. There were no birth certificates for once, bordering villages had relatives on both sides of the border and so one could give birth while visiting thier relatives across; some were forced to give birth in neighbouring countries because that is where the nearest clinic or hospital was. So in short, if your parents were born in the 1800s it is only hearsay as to where they were actually born and cannot be proved beyond reasonable doubt in a court of law. Most of us who were born before 1964 cant actually prove our dates of birth beyond reasonable doubt hence we depend on what our parents tell us.

  26. Kabimba is always full of claims he cannot substantiate.
    There is nothing to wait for than see Kabimba and his SATA fail to prove the allegations to the courts of law.
    This will lead to the court throwing out the application with cost.
    This will erode the confidence people had placed in the PF to a great degree. This will make PF go a step down in their overal vote.
    This step I would not take if I was PF, note because it is wrong but because it is unhelpful to PF.
    On the other hand it is of great help to MMD and their RB.

  27. Why failing to be consistent. complaint to LAZ, AU, SADC, UN and now courts. which is which? maybe it is a sign of immaturity, lack of strategy and confusion in the pf camp. vuso

  28. I understand what you are tying to say Consultant. Like my farther he was borin in Mutambo but his reg says Lukwesa from Mwense. There was no hospital there then in 1947. Yes his parents lived and were born in Lukwesa Zambia in Mats but there was proper hospitals accross. He is Zambia and that can be questioned and explained. Not if his parents were born and lived and grew up in DRC then came even after they were married.

    In That case let the boss just explain what the situation is and we will be happy. After all were all sworn to our constitution.

  29. The truth of the matter is RB has a case to answer and going by a list of his defence lawyers, he knows he does not qualify to be a president of Zambia. It shouldnt be difficult to prove that both his parents were zambians. As we claim to have a functional judiciary it should be easy to follow the due processes and thrush out any uncertaincies.

  30. Please I plead with you. I know you have very little knowledge on anything hence you grapple with anything you can scrounge. But citing Wikipedia is insult to yourselves. It is a website were anyone damps any little knowledge they have. Elementary school kids put stuff there to play with your ignorance. There is no research involved in the data on Wikipedia. You are embarrassing yourselves.

  31. I find a lot of wrongs with our laws because they are based on individuals circumstances. Law should be as written. Zambian or Northern Rhodesian born parents finished, nothing more. If you dont qualify bad luck.

  32. And for you fine #39
    Its because you are feeding like leaches of people suffering in Zambia with yellow teeth and no shame. In a democracy, it should be the obligation of any accused to defend and prove allegations against him or her with evidence.
    Not hide or use the law to stop any levelled allegations. Its only poverty that will shut this case. In a developed place the people would not let it rest but look at the 5,000,000 voters. Less than 10 percent are employed and probably properly educated.
    Dont get me wrong, I not PF but would like to see a fully legimate process. Thanks

  33. Politics in need and indeed…. I am not in support of parental issues with the President but neither swiping it under the carpet is on, when the law is broken is broken recourse is needed, if MMD supporters are neither interested in the law then do not wonder why they is high corruption in government….First you freed Chiluba, then discontinued the Task Force, now allow our Banda illegally rule Zambia…where is the patriotism in this…are we Zambians just have natural hatred to each other and disregard of our constitution if so then let whoever win, win and God help us all. I fear the plight for the poor is manipulated by you the intellectuals and haters with no regard of the LAW..shame!!!

  34. I can’t understand the fo-o-l-s supporting the PF action. Your tribal man knows that he is not going to win and he thinks that he’ll stop RB. He is in for a rude shock and your also going have a rude shock.

  35. Now the argument is that Sata is more Zambian than RB and not the Sata is a pragmatic leader…better than RB? Has the parantage issue for RB just been discovered? This is the same sh!t that was done on KK and it turned back to Kafupi the authour…now it is RB. We hear Sata is from Tanzania what should we do? Do we postponed the elections so that we trace the parantage of the presidential hopefuls?

  36. pf r just thugs, they think they can derial the mmd by coming up with useless issues. comming to think of it i thot they said that rb was no match for them/? they are just liars and they are scared to death coz they know that they are losing

  37. Kabimba is helping the country to re-look at our faulty laws including the Constitution so that the incoming GRZ of UPND and HH can straighten things. How can an electoral issue concerning a presidential candidate only be considered after elections??!!!!
    HH Go Go while they are busy with court cases. HH is the only genuine Zambian Presidential candidate.

  38. What dismays me about many of my compatriots is their lack of appreciation of and belief in principle, rule of law and constitutionalism. There is no merit in condemning the PF for taking the action they have taken. The Supreme Law has set qualification criteria for presidential candidates. If Rupiah’s eligibility is suspected to be defective according to the supreme law, it is only right that he be questioned. all he need do is produce proof or evidence that he qualifies. But judging from the high powered representation that has been marshalled to defend Rupiah, I doubt that the action by the PF is groundless!
    Well done, PF! IT IS TIME WE ALL STARTED RESPECTING THE LAW. ALSO, LAW MAKERS MUST ENACT ONLY GOOD LAWS!!! He who digs a hole for another……..!

  39. In any soceity, somebody has to be bitter about something. You are either bitter for being poor, sick, dis-advantaged, uneducated or something like that. It is good cause to be bitter if your plight is purely as a result of somebody else other than your parents. Look at youeslves closely, see were the bitterness is coming from, is it tribal? Is it enmvy?is it something you can turn-arround? Make the best of your actions to turn your fortunes arround, and the bitterness may not go away, but will not choke you.

  40. # 46 CAT Power,
    You stated and I quote: ” it should be the obligation of any accused to defend and prove allegations against him or her with evidence”
    Well, I understand law differently from you. The accused does not need to prove the allegations but it is the responsibility of the plentiff to do so. Worse still, it is not the accused (defendant) who brings evidence to prove innocence but the plentiff to provide evidence to substantiate his allegations.
    Now, for you the law you have used is uncommon; maybe we call call it the “law of marketing”.
    Anyway, since you already mentioned the issue of democracy, even here we will let everyone write whatever theink. It is my duty as a reader to filter out what is FRIVOLOUS and retain what is of value.

  41. The entire MMD and UPND camp have been singing that Sata is joke-how do u call a competitor you beat by 2% a joke??This issue about RB is a strategy by the PF and has been brought at the right time when all the bootlicker ministers have no accesss to their respective offices.Whether this sucedes or not,it will leave the MMD shaken with alot of cracks and by the time they recover, we will be voting!! Again,Sata/PF is playing on the minds of the voters in the areas pesived as RB’s strongholds such as Eastern Province-the last time he was there, he was cleared heard saying RB is not a Zambian but Malawian and that is why he has negleted the Province, and such type of talking will gain him a chuck of votes from these areas.Oppostion will go with the slogan,RB not Zambian which wl be damaging!

  42. Whoever is condeming Wynter and PF nimbwa sana. How can we just let our constitution be flawed and ignored like this. We have really sunk low in Zambia, to levels of being complete banana and kangaroo republic. Even Mugabe can stand as president in Zed and not even educated people will question. Mwe fisushi who have no regard for law. Our politicians should no longer be sworn using the bible- they should instead put their hand in a bucket of s.h.i.t when swearing. If RB is not eligible, then he’d better not stand. Greedy bastards with no vision for our Zambia.

  43. RB is a big threat to satan and his team. they are going nowhere even as Rb wins convicingly while ba shikulu sata comes 3rd. sorry you were not meant to be the president of zambia because you are too violent, abusive and arrogant.

  44. If this is a stratergy by PF, then it is a failed stratergy. The common man does not look for the intricacies of the law. The ordinary vorter knows that, unlike Sata and GBM who bought chibuku for people in their campaigns, RB has shown the way, for the first time. It is only you, fake arm-chair analysts who do not believe that action speaks louder than words. Sata speaks far much better than RB when it comes to noise, but RB is confident because he knows the ground for battle has been laid. September is arround the corner!

  45. Those that are saying it is a democratic right for SATA and PF to persue the RB parentage issue, I agree with them totally. But even in the use of democratic rights you do not persue anything anyhow; you set objectives and only use those rights that will help my agenda.
    Now, if SATA is being aided by the democratic right he is persuing againgst RB’s parentage then he is on the right track. But if a driver is scheduled to travel from Lusaka to Nakonde using his car; and is supposed to start off at 07:00. But at 06:30 he takes his bicycle for repair and waits for it until 09:00 and he then starts off one hour late. When asked why he went to fix the bicycle instead of the car which he is suppose to use, he says its my right, its my bicyle. on the way he discovered the breaks are finished.

  46. 55 fine 55
    Great Point, you seem to be as educated as I am. Very insightful CAT power, just made a full of himself ranting and appeared mentally young, How can one defend themselves when they people accusing them, have no concrete evidence, If they have they should show and not rely on people that daydream. I for one do not know If the man is not Zambian, but what concrete provable facts do they have, You would be an ***** to think their ratings are nothing more than a waste of their time.

    CAT Powerless is a nonsensical
    For CAT powerless,If you aren’t an 1diot, you made a world-class effort at simulating one. Try to edit your writing of unnecessary material before attempting to impress us with your insight drivel
    Thanks

  47. Wynter Kabimba must have faked his Law degree; I have never seen such a dull and incompetent lawyer! PF full of dunderheads!

  48. There are many things that are important in their specific times.
    But they become unnecessary when done at a different time from the appropriate time.
    It will be totally unwise for PF to give advantage to MMD in their persuit for democratic rights.
    SATA and Wynter aught to be analytical enoungh to avoide self-disadvantage. It is always sad to believe you are on the right track when you are actually lost. The one who knows he is lost has a better chance of finding his back because he will use his energy to get a corrective way. But one who does not know will plunge deeper into loss.

  49. Its amazing how PF is so battle shy in every election.
    They always give MMD the winning pass at the last minute….

    MMD 4  :  PF 0

    Waitaya guys

  50. I like the bravity of Kabinda in wanting justice done. U zedians are ruled by a foreigner – period. What docility can there be in a people ????????????? !!!!!!!!!!!!!!!!!!!!

  51. Mr Sata is not used to elections, he wants to go to State House using the same route as his PF “national convention” where not a single ballot was cast. Sorry mudala, the constitutional amendment that you made in 1996 to bar KK was thrown out by the Supreme Court of Zambia. That could explain why Kabimba took the wrong procedure via the High Court, thinking as usual that people are fools and will not relate it to 1996 petition ruling. Just go to the polls, lose massively, petition, and see whether the people of Zambia want to entertain you any more, you have tested their patience enough.

  52. Kabimba might be courageous but the question is: is his courage of value.
    The bible says a wise man sees trouble and avoids f.o.ol sees trouble and goes right into it.
    Courage when you have been analytical enough and know what you are doing is of value. But if your courage plunges you into anything then would have been better off without courage.

  53. PF continue with your petition, by the time you are done with it next week you will realise just how much campaigning you have done for RB and MMD. I have already heard the marketeers ask “…what is wrong with that snake… does it imagine that we can abandon bata ba Rupiah aba chikuku nokuvotela satana uwafilwa ukushika umunankwe…elyo nefi ifya kuupa umwanakashi munobe?”

  54. Watch this space, I see PF boycotting the election claiming unfair judgment, what Mr Sata thinks is a neat way to avoid defeat at the hands of RB and MMD. FYI Mr Sata, how you lose this election, petition, boycott etc, is immaterial to Zambians, they just want you out of sight you will deny them the pleasure of seeing you off through the ballot.

  55. PF has no money for campaigns. No money to pay Bonav. Mutale to represeset them. Now seeing Winter Kabimba Vs Eric Silwamba. Check Kabimba’s pants; they are already wet!!

  56. No one is a zambian no one will ever be a zambian. Everyone is from a foreign land. Zambia has been just highgacked. Sata is not a zambian also. He is a Mwachusa and his teeth can confirm this because of eating too much amatokili ( Bananas). Just speaking good Bemba does not mean he is a Zambian. We will not vote for anyone coz no one is fit. Rupiah is not a zambian name but Lupiya.

  57. CAT POWER #46, THERE ARE 2 TYPES OF LEGAL DEFENCES. 1. YOU ARE ACCUSED AND YOU HAVE TO PROVE YOURSELF INNCENT. 2. YOU ARE ACCUSED AND YOUR Accusers have to prove you guilty. in zambia, we use number 2. you are presumed innocent until PROVEN guilty. It is RBs accusers who have to prove his guilty, not RB to prove his innocence. SO LET THE KAFWAFWAS LIKE THE LAWYER WHO HAS NEVER WON A COURT CASE (WINTER) AND THE TOOTHLESS TIGER (OR IS IT YELLOW TOOTHED COBRA?) WHO HAVE TO COME TO US WITH PROOF THAT RB IS A FOREIGNER. SIMPLE. 

    AND ALSO YOU PHACKAZ, IF WE SAY RB IS A FOREIGNER, WHAT ABOUT THE ACCUSATIONS THAT SATA IS TANZANIAN? OR THAT MIYANDA IS MALAWIAN? OR THAT ….. 
    IN THE END, WE WILL ONLY BE LEFT WITH SIULAPWA AND COSMO MUMBA. NOW, THAT WOULD BE A CIRCUS!!!!

  58. RB is not Zambian,and does not qualify to stand for presidency,but since Zambian have been fooled already,PF is fighting a losiing battle in courts,let them just concentrate on campaigns

  59. Ya, ka Winter,red lips! Now you have run out of steam and want to use underhand methods to get your snake to state house? Dimwits, bafoons!

  60. #79 jelitta, how the &*(k can you just wake up and declare that RB is not Zambian? Proof? None. I like Otono #77, He speaks sense.

  61. Ba “Permanent Fools” (PF) , tell your dimwit snake its time to campaign, not going to court, or have you already acepted defeat? Chioneni kuipa chi Sata, kwati mafi.

  62. Mushota at #6,18 and 65 you have reaaly disappointed me. You claim to be more educated but here you have completed missed the point and your anger against Kabimba is misplaced. You have behaved more like an MMD cadre than an objetive blogger that I know you to be. The issue at hand here is the constitution of Zambia that is beng discussed and Mvunga,SNB, Silwamba, George and company should be talking about whether RB has a strong or weak locus standi. However they are challenging the manner in which issues have been raised and they are demanding that the issue be heard by a full bench. My Dear discuss the issue at hand and please be objective as you claim to be.

  63. Chiwamila Galu ka? Only the poeple that see good in Sata are the ones who apriciates the good things he does, but for those that despice him will never see good in him even if he did something good for them its Matuvi, the reason said this is because have seen poeple on this blog who hobors hate for Sata, you guys fail to acknowledge that its the MMD which started with the issue of trying to bar Sata from contesting this elections.They wanted to use all kinds of tactis to bar Sata from contesting in this years election. Even a dog the you tend to beat everyday can retaliate. The same thing Banda  did to Sata, Sata nayeve iyiyasukilapo, now he has beaten Banda were it hurts the most and all the MMD Cadres can do is to cry foul. Let justice preevail on this case, coz Rupia lied 

  64. Frivolious and dangerously incompetent political acrobats of political lapers affords. Thrown away with costs while MMD is consolidating the victory match.

    What a load of kitchen sink politics devoid of foresight. Proud to be a Zambian and patriot in solidarity with RB and MMD a party of all Zambians.

  65. This is rubbish why wasting time on court cases when the Presidentail nominations have been set for 08/08/2011. PF should find better ways sweeping the elections clean. That is my advice and should heed free legal advice from Saki as reported yesterday. Time is running out for all poltical players.

  66. Wasting time and MMD is busy working in villages talking to voters. The case is a non starter. Check on the video of Mr Sata while he visited the UK at zamuk.com Mr Sata called one member of the audience ‘an ignorant adult’. Analyze the video. Is he really a presidential material?

  67. 18 ok am MMD but its not right for you Mushota to speak like that about wynter kabimba thats not good thats unzambian en whats your white fiance got to do with it grow up bitch

  68. I wonder where Silwamba was when Kaunda was barred froM contesting the 1996 elections. We shall see today if the judiciary is independent or not. Because the same article killed UNIP by barring Kaunda.If they say anything contrally then Kaunda should also appeal to be compasated for wrongly barring him to stand in 19196. VIVA DEMOCRACY.

  69. What does the constitution say, does it say both parents should have been born in Zambia or does it say both parents should have been born in Northern Rhodesia? or does the constitution make provision to say “Zambia” includes and means Northern Rhodesia? Secondly for one to be eligible for something don’t they have to prove that they meet the requirements?? if Ba Zedi goes to register as a presidential candidate the ECZ will ask for my reg and amongst others things they shold ask me to prove my lineage as per the current constitution my mere word of mouth should not be enough, I have my fathers NRC which states he was born in Ndola, my grand fathers NRC which says he was born in mporokoso , they will not take my word of mouth as gospel truth.

  70. Every jim and Jack was issued an NRC after independence can bwezani bring a copy of his fathers NRC or can someone go into the national archives and dig it up. In as much as I am not PF, but these guys have raised a valid argument. How can Ms Isaacs now come and tell us that the ECZ does not bear the legal liability if there is one, does the attorney general verify and approve that one meets the criteria for contesting, can someone please clarify this in a less technical language. The onus is not on Sata to prove that RB’s lineage is Zambian as per the constitution but rather the ECZ should have satisfied itself that he met the requirements in the first place. If they did not then they failed in executing their judiciary duty entrusted to them.

  71. CAT Power you look dull on the picture and you blogging too.Do us a favour remove that picture you messages is negative enough.

    THE TRUTH HURTS Mushota has just said the truth to day and you don’t have to be disappointed because she does not worship Sata like you.I mean don’t call her names she has my support.

  72. Ms Isaacs can find herself facing criminal or civil negligence. Otherwise every Mozambique or Angolan or Congolese refugee born in Zambia just needs to say they are Zambian and automatically qualify for presidency!!! Regardless of what RB or MMD have done WHAT DOES THE CONSTITUTION SAY

  73. “When they measure themselves by themselves and compare themselves with themselves, they are not wise” 2 Corinthians 10:12

  74. Can we please stop toying with this issue, this is the highest office in the land and a president needs to be set here, this is what happens when you enact foolish laws targeted at individuals, was it not MMD under chiluba that enacted this law against KK, should they now cry faul because it disqualifies their candidate… Ba FI.KA.LA

  75. MMD is a party of all Zambian 
    PF is for Bembas only,aim not Bemba so I’m not voting for PF together with my clan and appeal to those who are not Bembas do not vote for Sata.
    I’m also not ready to hear Sata start vomiting embarrassing statement on international platforms,it’s sickening.wish he was young so he can first learn to think before he talks but by the time he learns ,he will be 80 ,he can only stand for pope.

  76. Poor Finishers are laughable losers in every dream.

    The misfiled petition is both frivolous and evidence of dangerous incompetence on sata and his league. These are failed political acrobats by political lepers against a sagacious winning RB. Rightly deserve this throw away verdict with costs while MMD is consolidating the victory match.

    What a load of kitchen sink politics devoid of foresight. Very proud to be a Zambian patriot in solidarity with RB and his people’s ruling MMD. No wonder every patriotic Zambian says MMD is our party. We are unflinchingly on a victory trail nafuti Nafuti!

  77. While PF and its daft junior lawyer Kabimba who has never won a legal suit since leaving UNZA is busy abusing its limited time on doomed petitions under instructions of retarded Sata, Zambians’ ruling MMD and its RB President of all is in campaign overdrive across the country. Thousands of campaign logistics have been distributed to every branch, ward, constituency, District and province. Thousands of bicycles, boats in places like Chilubi and Zambezi have reached end-users.PF surrogates have no strategy, no foresight and no value for time.

  78. #92 and 94, it is not a simple as that. What if your parents died before 1964 when there were no NRCs? Who can prove that what is on the NRC is actually true? Many NRCs actualy contain factual errors and in some cases pure lies. Many people in the boarder areas have NRCs and yet they are across the boarders. Who can actually prove beyond reasonable doubt where one was born in 1885? Further more does the constitution actually say your biological parents or just parents? One may ask who is a parent? The constitution is very grey in this aspect.

    • Then whose fault is it?? corrupt civil servants who issue NRC’s to foreigners, every file either has a birth certificate or an affidavit, as far as the law is concerned these are sufficient, we should learn from this and tighten our citizenship, RB’s files must have proof of his parentage his fathers NRC number or an affidavit to that effect. we have all gone through the process of getting an NRC we all know what is required!! let him get his fathers NRC that’s all we ask. The issue here is MMD made a stupid law and now they have shot themselves in the foot.

  79. #97 you are truly shallow in your thinking. people am Bemba but noway would I vote PF, can we grow beyond tribal politics here, the issue here is whether the constitution applies to all, do we need to make special privileges because RB is doing such a wonderful job?? the same constitution was used to bar KK in 1996 on the basis of his more than 2 terms and his lineage, we can not breach the law in support of a greater good here.

    • I do not believe not even one bit of what you have said,but will give you benefit of doubt since you did not insult in Bemba as most PF vuvuzelas would do.

  80. Most of you bloggers amaze me. You want politicians to discuss ‘issues’ – yet, when you don’t agree with one’s view point on this blog, you resort to insults and use of unpalatable uncivilised language. Can you not raise a constructive and sensible counter argument? You demand that politicians should uphold the law and practice democratic ideals. Yet you condemn Kabimba for pursuing an issue that potentially reveals a serious breach of the highest law in the land. The piece of clause in the Constitution about birth and parentage may be nasty and vindictive (as it was evidently inserted to deal with an individual) but it is the law that obtains for now. There is a lot of hypocrisy here – depending on one’s selfish objective interests rather than objectivity.

    • I have been called a Bemba tribalist, and a PF supporter, but everyone seems to avoid the real issue here, what does the law say and have all the requirements of the law been met?? it’s as simple as that. KK was barred in 1996 on this clause so if Sata’s parents were born in Tanzania then he does not qualify, if RB’s parents were born in Malawi then he does not qualify it’s as simple as that. can we look at this objectively for once.

    • Kabimba would have won our hearts if he came up with this issue to stop RB acting as the president of Zambia when LPM died.now we feel he has hidden agenda,such tricks are a let down.you and me know he won’t win anything pa zed this way.if you feel he should continue trying or wasting time late him waste his time not ours.

  81. #90 Kangwele…………..pls dont mislead yourself, KK was NOT barred but just boycoted. According to judgement in 1996 if KK had lodged in his credentials he could NOT have been barred. I repeat, KK was NOT barred but just BOYCOTED.

    • Imwe under the current constitution KK would not have been allowed to stand, so what was the point considering the process and time it takes to amend the constitution.

  82. am amazed@ the high number of dull people in zambia. in a normal society, sata is not even fit to be in politics, just no where near.

  83. 1. was in favour of 3rd term for chiluba .2 forged a goverment letter in 2005 3. wanted to smash chilubas, court cases 10 2006 4. was invoved in corruption the time the late levy was vp. 5. almost always lies. 6. changes like a chamelion .7. has no principles 8. has no manners 9. he is a polygamist 10. he is not educated hence the manners………………qualifications for michael sata

  84. #106 Nafuti Nafuti  me too I can’t believe why Sata can have followers sure.president of Zambia please spare ours some pride.How may call boys shall rule us???

  85. How exactly did RB swear to qualify for the presidential seat? Is he first generation of Nyasaland or Northern Rhodesia parents? According to affidavit of birth where does he state he was born? The rest is all technical!
    ONE ZAMBIA ONE NATION = Barotseland + Northern Rhodesia = Zambia

  86. #109 RB was born in Zimbabwe. The constitution does not argue with where you were born yourself but the parents

  87. Kalulu tachenjela mukwibili tepapa Teta told RB just to stand for one term you agreed but lied now the law has caught up with you and MMD chimbwis we are tired of hunting while you only eat our game you anyandules.

  88. said civil procedure that was being sought through the High Court was wanting in jurisdiction because it was premature on any law relating to the election of president.
    Then it i only the procedure tha was not followed the defence is puting up.The qustion of his parents being a Zambia is still in force.Why jump to the procedures?Ba Silwamba the issue here is to know our president is a Zambian so that we don’t waste our vote here Isoka and Nakonde

  89. President Banda has HIGHER BP this morning due the case before the high court over his parents..We are told he is on bed rest and not feeling well.

  90. Both parents must be.. lets look on to that brothers and sisters.. we have laws and ruls in this country..rules are rules remember if we cant have them then we are savagers. RB must go full stop.

  91. Please understand that RB’S PARENTS FILLED IN DETAILS OF THEIR IDENTITIES (VI TUPA). These records are there in Malawi, and Zimbabwe.
    Its easy and wait for evidence from Winter and gonna snow at state house this year!

  92. If you guys do read between the lines, you will see that this is just a hoax to keep the MMD busy so that they can have little time in the field. This seems to be working. Remember, the MMD were busy taking Sata to court and say all sort of things about him, payback is a b*****! 

  93. It;s important to be sober minded when discussing issues of national significance. Honestly, the calibre of debate is pathetic. Zambians need to be re-colonised.

  94. It;s important to be sober minded when discussing issues of national significance. Honestly, the calibre of debate is pathetic.

  95. I?ve read some good stuff here. Certainly value bookmarking for revisiting. I wonder how a lot effort you put to make this type of excellent informative website.

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