CHIEF JUSTICE OF ZAMBIA: OPEN LETTER TO THE MINISTER OF JUSTICE!
[Brigadier General Godfrey Miyanda – 21st July 2013]
We reiterate that the irregular appointment of a substantive Chief Justice will not go away simply because some incoherent legal sounds have been made by some in authority. But now we are encouraged that at long last the Minister of Justice, under whose portfolio judges fall, has said something. We do not know what part the Minister has played in the confusion and unnecessary feuding that has gone on for over one year; but we commend him for breaking his silence. However his statement as reported by The Post newspaper (dated Friday 19th July 2013) raises more questions than it answers. Before we criticise him we seek clarification from him as he has not made clear which provision/s the President is relying on. We thus pose some questions.
Firstly, the decision by the Parliamentary Select Committee to reject the nomination of Madam Chibesakunda was made a year ago. When did the Minister of Justice become aware that the Select Committee has no power to make a final decision? Who has that final power of ratification? Can the President by-pass ratification? What did the Minister do to correct the purported irregularity by having the matter revert to the whole House? Why did he make the statement to The Post instead of a full Ministerial Statement in Parliament to allow MPs to ask questions?
Unless he has a credible explanation it is our view that he timed this speech to coincide with the adjournment of Parliament and leave no room for MPs to raise immediate questions until the matter simmers down in the intervening two or three months of the recess! In the absence of a Ministerial Statement in Parliament we demand that the Minister makes a public statement answering all aspects of this controversy, including the following: if the Select Committee does not have final authority, does the President have that final authority? Has the Leader of Government Business in Parliament consulted the Speaker to suggest compelling the Select Committee to submit their findings to the whole House? And what has been the Speaker’s advice?
We believe all these are serious constitutional queries that deserve a full response. We dispute the insinuation that where the Select Committee finds a constitutional or statutory bar they should subject that to a debate and vote in the House. We say that such a vote would be highly irregular because the MPs would be arguing over a constitutional provision, and in the process would be purporting to interpret the law, which is a preserve of the Judiciary. The Select Committee acted properly to enable the President to submit a qualified name in terms of Article 44(4).
We hope that the open door which the Minister claims has been left by the President for dialogue extends to Ministers as well. Since the President is not addressing the people we hope the Minister will do so by issuing a public statement, answering these and other questions made by many other citizens and civil society. Honourable Minister we await your reasoned response.
GODFREY MIYANDA,
BRIGADIER GENERAL,
HERITAGE PARTY
[21ST JULY 2013]
Good to hear from you General after a long time of silence.I like your observation there.No wonder you will always remain my favourite politician.Too bad you don`t come out in a way that appeals to the majority of the people.Anyway Zambian politics are for amazing and sometimes weird characters like King Cobra.A man people can identify themselves with.
if this general is your favourite politician i advise you to stop having anything to do with politics. This loser general only alarms the nation with his hide and seek statements meant to fool pipo like zebege.
He failed to manage MSB and his escape from the coup plot he was involved in. How can a general not strategise his escape. Am happy zambia never went to war when he was still in the military as top officer. Logic wont win you votes general loser.
@george bush
Zebige is above your caliber,, he is commenting on the substance of the letter from the General and how respectful the man puts his points across… and he`s entitled to favour the General or any other people of his liking
The zebige`s point of view is mature and unbiased, and you george bush learn to debate with good reasoning,,, anyway everyone has a entitlement to own opinion
General Miyanda has a sound mind with more issue based debates. His arguments are well evidenced at law. In fact not only the law but also the spirit of the constitution is made clear. I can’t wait to hear the law the government will rely on, on this or is it the same mediocrity bitterness, envy and jealousy that we are now fed up of ????? we need sound debates on law this time Mr Justice minister- Kabimba.
By the way I thought Mr Kapeya ( ministry of Information) was dared to join the legal debate on the Constitution road map! Is he still barring his head in the sad ever since, hope his noise and eyes not stuffed with sand by now??. We need constitutional sound minds in Govt please
@1 Zebige, But nadabwa.. you coming up with such a cooooool comment. What verses did they read at your church? Apapena I will say “..you won!!”. I will give you my vote…
I just don’t understand what this man is about! What his point is! I must confess-each time I read anything about him I FEEL BOOOORED!
YAWN!!!!!!!!!!!! General Village Concept!! BORING!!
If this is what you identify as quality politicians then i shudder to think of those a notch lower.
1. The head of the letter is allover the place and fails to introduce the subject matter.
2. The General tries to number his points from first and it ends there?
3. What follows is an emotional imprint of thoughts on white paper.
Read through the letter and you will notice a lack of structure.
Support for a politician is the best indicator of their ability and competence.It’s no coincidence that the General has failed to leave the carport.
@kasuba
“Support for a politician is the best indicator of their ability and competence.It’s no coincidence that the General has failed to leave the carport.“
I guess you are `right` just like biblical Barnabus was able to inspire more support in his favour than jesus was enough indicator of his ability and competence… Hilter was popular too, best indicator of his ability and competence at least according to you
As always, this a well thought out and well articulated article.
The trouble with Brig. Gen. Miyanda is that he is just a paper tiger. He needs to get and reach out to the people, organize, mobilize, that how you get the influence that can change the course of our political landscape.
These articles powerful as they are fall way short of reaching the grassroots.
You must do more than these articles
Dear Aromatic …..
I believe the general does appeal but to only very few voters as intellectuals. At the level he is thinking at, How can he honestly appeal to the voter sitting under a tree eating umumbu with a mango twig made tooth brush? That is where the Cobra wins! through Play circle and Play for Today tactics. That’s appealing in my view to such a majority of voters. Maybeask the gen to kick of his suits. Cheers
Dear Cat Power
That is the beauty of democracy…..which is a government of the people,for the people and by the people.The Majority rules…..(first-past-the-post or 50+1%)…..
Democracy is not only for the so called “intellectuals” or “Born Again” Christians…..It’s for everyone.
The General has failed to inspire the masses(with his one man party)…..he will never win a popular vote.In fact,he should step aside from the political scene .He is irrelevant to the current political dispensation in Zambia…..”Village concept” my foot…….
@2.1 Cat-power what is this way of addressing each other “DEAR fimofimo Aromatic”,
Mulefwayana? We not condone homosexuality here.. dear dear m******mwe
Dear Independent, I was with you until you said the General needs to step aside. You correctly pointed out that in a democracy evryone is free to particpate including your Kaponya president. Let the General enjoy his constitutional right, one man party or not!
Sincerley,
Ba W.I.S.O.
Hahahaha…….I am enjoying the watchdog through Facebook. Those trying to kill our hard earned democracy will pay heavily so soon actually. They are the same people who were quoting the watchdog which showed that they were leading in the opinion pools just before the elections in 2011 but today they are want to shut it down citing security reasons.
@ Kwathu, I honestly simpathise with people who are backward thinking like you! How can any normal human being support the trash that the so called HH imbwa Watchdog has been promoting in society. How can any sane person support their INGOMBE ILEDE primitive practices?!! In this day and age? Shame, indeed.
Do you have to hide in DEMOCRACY and start promoting HATE, TRIBALISM, DEFAMATION, INCITING VIOLENCE, LAWLESSNESS, MISINFORMATION.? If you think so, then you are either HH or just another LUNATIC needing medical attention. Need I say more?
They call themselves democrats when they are trying by all means to shut the watchdog. The next to be closed will be the Lusaka times. SHAME on these dictators.
Of late,th General is making his voice heard…..i wish his party could come out of office structure to meet th people….General sell yo party,yo manifesto!
i like it! its full of maturity, good oposition, a marity is all urs. thanks!
Please General educate the moron!
Is your father a moron?? Don’t embarrass your father like that, wena!
“We await your reasoned response,” nice one, not ukubosafye iwe ci winter. Use ur thinkng bfor speaking wth ur mouth iwe wind kabwendo.
The General is a solid Zambian who played his part in bringing democracy, viva his brand of grown up, civilised opposition. Although not realistic perhaps
Ba Miyanda plotting a coup is much worse than the issue of the Chief Justice. The General has outlived his usefulness.
You an ***** fool who is a blind pf follower
Pick up some tools of analysis, they will help enhance your focus of the bigger picture.
We are tired and fed-up with Miyanda, always trying to pontificate. Uko!
Don’t be too diplomatic to communicate with PF ,be Fr. Bwalaya ishi
Well articulated General. This is one issue that separates mature men and women from immature boys and girls in our democracy in our Country. Mature people see what is at stake and respond to substance with substance head-on. On the other hand, immature people only try to deviate and degenerate this issue by responding with profanity and ridicule. When people who swore to uphold and protect the laws of our land begin to abrogate the very laws so blatantly in so short a time, it is time to insist on answers.
Thank you, General, for your sober analysis. The matter you have commented on can only be resolved through intellectual reasoning and not the wosh-wosh Kaponya style. I am very sure that the Hon. Minister of Justice, being a lawyer himslef, has appreciated your contribution to this debate. Never mind the Kaponyas’ comments. Illiteracy and ignorance are Zambia’s greatest enemies. Hence the need for more investment in education and science.
How can we be proud that the majority of our people in villages and compounds still fail to support well meaning politicians just because their approach to tackling Zambia’s problems is scientific and intellectual? Education is the answer. The future Zambian should not be a kaponya but an intellectual in thinking i.e Singapore, South Korea, New…
Iwe mwandi. I have always said that. A simple thought out scientific logical solution to many of Zambia’s problems will be shot down by inferiority complexed individuals. All they want is brash patch work, not regenerative solutions.
If Chibesakunda has integrity she must just resign and make life easier for everybody. Why is she clinging onto to the position when she knows she is there inappropriately. Bushe Buchushi nangu inganda Eli ili pa slab level?
Oh, by the way in Silozi and Cibemba there are two sayings: In Silozi it is said;
“Kuibola kasa welo” meaning “to ask is not foolishness” and in Cibemba it is “Kepusha ta kolelwe bowa” meaning “the one who asks will not eat posonous mushroom”.
General, you have politely paused the questions in your article above because you would like to learn from those in authority. How do you get criticised for seeking an explanation on a matter that concerns you? You are a Zambian and are entitled to ask your government to explain why an individual who has been rejected by Parliament continues to be Chief Justice and in an acting role for a long time. We refuse lawlessness. We are not all kaponyas.
That is not Silozi, my friend. That is SILUYANA.
The prblm with miyanda failng to win elections…let hm sta fr PTA comitee in yr neighbrhood fr some sch in yr area & try compete him,u wil get a rude shock in yr life.U wil cary the day against him!Rhts the prblm.He’s not actively involved & hibernates beyond spring to unpredicted ….l dont knw.Jst like like vilage concept its comunist centerd & u knw comunism is one of the economic aproaches paralel to capitalism.Who wud go fr the formr whn evry one is doing away with it?
Miyanda only make sense before elections. I personally liked this general when he was vice president under FTJ, unfortunately after he formed his political party this man had become very useless and proves to me that he is not a leader on his own unless he work under supervision of somebody. I mean what kind of general plus politician who only come out of the shell when its time for elections and u seriously expect to win presidential elections? C’mon guys
he played his part in giving birth to coup plots in zambia.
Anyandule just making noise pipo are debating on national issues and your bussy cleaning your asses over their debate,akawalala
Let our leaders must be left to deliberate ,they are not insulting each other like you are doing anyandule
Best GENERAL indeed!He deserve state house oneday
It is the points he raised that matter, not political strategy. If a mad person was to shout “2+2=4” he would be right. If we were to look at our past wrongs, there would be very few of those holding public offices today who would be in those positions. Definitely those who wanted him to excel in politics may be right about his political strategy.
@geoge bush
It seems you just hate the General. What sin did he commit to deserve such hate that you have not committed? Let those that have never sinned throw the first stone. Am watch closesly you GB. Let the man express his views. Why did you not come out with your Coup issues when he was the VP in the MMD govt.? Are you not a coward? Do not hide behind the fake names and writings. You know where the General is go face him and challenge him on the coup issues.
Interesting comments which truly show the level of Zambians and what kind of leadership appeals to us. Being Vocal does not mean you are a best politician neither is showing off or shout at people like what’s the case in state house. We know Cobra wins when it comes to blunt and unstructured decisions including getting involved with list of things that a head of state should not. Facts, general will not open his mouth unless it is necessary which a Leader should be. SO AS YOUNG ZAMBIANS LET’S Look at what kind of Leadership we would want to see. General is wise and because the man is against true corruption does not make him a loser. ZAMBIAN POLITICS OF HATE WILL ALWAYS DRAG OUR COUNTRY BACKWARD. THE MAN HAS EXPERIENCE, WITH GOOD IDEAS AND WOULD ADD VALUE TO OUR GOVERNMENT.
back from hiding as always
Letters, whether official or personal need to be clear, short and up to the point. In that way, responses will be able to address issues correctly. It seems to me that there is no letter here. Rather, a flier intended to tarnish the good image of government ministries and officers has been dratfed. How about addressing real challenges in the country? Deveopment projects call for visibility. One such project was the Constitution. Voices pushing for timely conclusion were drwoned by voices saying extend the period.
NOSTRADAMUS….
You have made my day.
Laughing with tears all over my face, almost breaking my ribs…pse stop it man.
TABALEFWAYANA!!!!!!!!!!!!!!!
Hey guys, Miyanda is extremely inteligent and honest…we cant take it away frm him, never but unfortunately he is not the kind who can inspire one to think of him for presidency even when he is the right material…..and time has runout on him. VERY SAD.