STATEMENT: COMMENT ON THE CHIPIMO/ NAREP CONSTITUTION FORMULA – BY BRIGADIER GENERAL GODFREY MIYANDA 19TH MAY 2014
The Chipimo/NAREP formula for the resolution of the constitution impasse in Zambia sounds attractive. But unless further clarified, the suggestion seems to be a vote-catching scheme disguised as a legal/constitutional option (‘this is part of our campaign’, said President Chipimo on ZNBC 18th May 2014). For now I avoid faulting the practicality of the idea but draw attention to some fundamental “constitutional” aspects that have been left hanging by the Chipimo/NAREP formula.
This formula effectively seeks to suspend the Office of President established under Article 33 (1) which states that “There shall be a President of the Republic of Zambia who shall be the Head of State and of the Government and the Commander-In-Chief of the Defence Force”. I am afraid that under this scheme the country, and especially the Defence and Security Services, shall become a headless chicken, as the whole of Part IV which establishes the system of our current political set up would also be suspended, leaving the Legislature and the Judiciary in suspended animation WITH NO EXECUTIVE arm because the dummy elected as ‘president’ would be a mere glorified Chairman of the NCC or CRC. Zambians are being asked to elect a so-called president whose only function is to bring forth a new constitution, which power even the current Constitution does not give to the substantive President under the current three-tier system of the Executive, Legislature and Judiciary.
Effectively the Chipimo/NAREP formula will create a vacuum where there will be no government as envisaged in the current Republican Constitution and specifically in Articles 33, 34 and 35. This is a sophisticated coup d’état, preventing the election of a President in terms of the said Articles 33, 34 and 35, but using uninformed Zambians to achieve a not so noble purpose of manipulating the current Constitution, which is the very sin the PF regime is being accused of. The formula is assuming that there will be no emergencies in the nine month period or that there will be no other urgent government functions that require executive attention and yet the current law is that executive power is reposed in the President. If there is an emergency what mandate will the so-called non-partisan Senior Citizen have to act since he is barred from doing anything besides bringing forth a new constitution? Where will you find this non-partisan creature in Zambia today? Twenty years ago maybe; today there is no one who is non-partisan: the military, police, intelligence, the Church, NGOs, chiefs (especially them), sports organisations, students, kaufela! In good governance there is always need for continuity. If there is need to go the Chipimo/NAREP way then the Legislature and the Judiciary must surely go together with the Executive so that we may start afresh!
And what of the cost of a general election immediately followed by another one to elect a substantive president? Even with the explanation that we shall only vote for the President it should be noted that the whole country would still be going out to vote, preceded by full-fledged campaigns by political parties and other stakeholders! What is the justification – the same tired cliché that democracy is expensive? Perhaps NAREP has a further explanation for this contrived conundrum!
Until a plausible explanation is given, I urge citizens for now to say NO. Even if those saying no shall be in the minority, they should go forth and keep shouting “Sorry, Mr and Mrs Majority, this time you are wrong, Double Wrong”.
GODFREY MIYANDA,
BRIGADIER GENERAL,
HERITAGE PARTY
[19TH MAY 2014]
This has been my argument from the get-go and I had bloggers trying to finger freedom fighters and nobles like Mandela and Gandhi to justify this formula. The bottom line is that unless the entire outfit is considered, the formula is actually referenced under the current constitution as treason.
I agree , Chipimo’s formula is actually treason to put it blantly. He is lucky that he is from that famous tribe responsible for a lot of evils in Zambia. So nothing will happen to him. If the mighty Hakainde Hichilema polularly known as HH had proposed this, you would have seen how the government security machinery with their fraudulant DPP would have moved earth and mountains to arrest HH for treason or proposing a coup
Chipimo said TOM MTINE could be the” President”. Oh my GOD! The guy said destroy Dag hammaskjold stadium and I will build a new one to host the Africa cup. Dag never ever came back.
Wow ! This is dope general ! The general has hit the nail on the top.I completely agree with him.
Gen. Miyanda is right, but its not good to stop “young” people like Chipimo to DREAM.
What I wanted is to have such an election and field Miko SATA. The man is sleeping too much, he needs to do some which he is good at, that is campaigning.
@ Yamba
It was not Tom Mtine who destroyed Dag stadium in Ndola but Haapunda who was the Minister of Sports then
THE HERITAGE PARTY PRESIDENT A MIYANDA, MWANKALA QUIET FOR SO LONG PLEASE! THE GENERAL WHO STILL BELIEVES IN “KOTE KOTE ATI NDIWANJILA, ATI KWALINGA MUTIMA TI NDI KOMWEKO”! KEEP GOING GENERAL! GENERAL, TWO THINGS HOWEVER: 1) DO YOU AGREE WITH PRESIDENT SATA THAT THERE IS ACTUALLY A FUNCTIONAL CONSTITUTION IN PLACE WHICH YOU WERE QUOTING? 2) THE PROBLEM WITH ALL OF YOU IN OPPOSITION IS THAT YOU ARE NOT CONSULTING EACH OTHER ON IMPORTANT NATIONAL MATTERS LIKE THIS ONE. IF MR. CHIPIMO Jr. HAD CONSULTED SENIOR OPPOSITION LEADERS LIKE YOU HE PROBABLY WOULD NOT EVEN HAVE SAID WHAT HE SAID. IT CAN BE QUITE EMBARRASSING TO PROPOSE A THING LIKE THAT AND ONLY TO BE SHOT DOWN BY THOSE YOU WANT TO SUPPORT IT. THERE IS TOO MUCH IMMATURITY IN MOST OF THESE YOUNG OPPOSITION LEADERS. PLEASE GUIDE THEM!
Chipimo should be arrested it is a treason issue is bringing. why is our president so ziziziz. And it was disappointing to hear a completely different answer from the government spokes person.
Chipimo wants to behave like his father, probably he is the one advancing him.
Mtine? Has ever any one tried to profiled how Tom became rich? don’t bring more problems to our country Chipimo waumfwa?
Not ifyama arresting naiwe.
Its good opposition has Gen. Masheke & Gen Miyanda. Those 2 guys can make a solid leadership. Look now he is intimidating young dreamers.
..u mean Chipimo and his minions are still freely wondering about about he streets of Lusaka….??…he is a blue-eyed boy. Obviously NM, HH and FB would have atlast been called for questioning and record a warning and caution statement…
Chipimo and group came up with another version to explain the earlier treasonable statement just confuse us….typical version of….’if u can’t convince them, confuse them…’
@3 and others.
I CAN ASSURE YOU THAT NO SECURITY WING OFFICER HAS EVER READ THE ZAMBIAN CONSTITUTION. EVEN TOP BOSSES IN SECURITY WING (ACC, police, drug inforcement, the army (maybe the army know a little), OP, have no idea about the constitution. It is not like they are just passive. They simply don’t know let alone understand it’s contents. Zambians are not in the habit of reading but drinking. Just like you expect to see our security men/women fit (apart from soldiers maybe), they are so physically unfit it’s so apparent. They never knew where a gym were. CHIPIMO is my uncle but what he is talking about is pure treason and as a lawyer he knows it himself.
And as someone has already mentioned I think this is not coming C jr but C sr. Pantu nayena ishikulu paliba controversy although in most cases he is right. But, this time round he is wrong. We don’t want civil war in Zambia and there is no need because PF is delivering. But of course if you expect parting during sewing time you are a BIG joke. Because partying will come after infrastructure development and mainly roads, bridges, universities/colleges, schools, hospitals/health centres. The Kwacha fall is largely because Zambia is not an exporter of finished goods. Rather, we are not a manufacturing house. There is no way a currency can be gain strength or be stable without a country’s manufacturing and food processing industries. That’s why those farming blocks, industrial clusters …
from 3.2.
…and economic zones must be given priority to expedite their establishment. Zambia must be a manufacturing and a food processing house in order to quickly grow our economy and become a first world. It is not magic or a rocket science phenomenon. It is a simple principle of industrialisation. And more than 75% of industry must be owned by Zambians or at least investors in all sorts of industrialization must be compelled to partner with Zambians so that if they foreign investors are not happy with Zambia they can leave the country but not with the industries. It’s high time we started manufacturing power tool, tractors, structural glass (at Kapiri Glass Factory and establish more), stoves, fridges, aircons etc, for local consumption and export. This will be the real economy…
…which will not only make the Kwacha stable but even strengthen it beyond a dollar. TOURISM must not just be given lip-service. The government must practically and deliberately invest huge amounts of Kwacha in the tourism industry. Lamentably, up to date the Zambian government just offer lip service to tourism. How can one justify lack of state-of-the-art habours on our lakes with beautiful cruise ships and yachts? Excellent habours must be developed on our lakes and rivers for both human passengers and cargo. These things will attract both tourists and viable investor (local and foreign). Zambia must implement deliberate policies to implement these through Industrial Development Corporation instead of waiting for a foreign investor who may never comeand if he does he is Anil Agarwal.
Brigadier General Miyanda is like a Lawyer. Alikaba umukaamba ukuchila na Chipimo lawyer from Oxford.
I have said this before…
General Miyanda who is not a lawyer understands and interprets the law better than most lawyers. I wonder why police are allowing law breakers to be roaming the streets just like that guy from one opposition political party who was proposing violence.
My question to Miyanda is – How can we apply the village concept on the constitution impasse?
If you have nothing to say its better you keep quiet. You don’t seem to have understood the meaning of the Village concept.
@POINT: I appreciate yo question though it seems to have a hidden one, say “what has a village got to do with the Constitution”? Since it is an important question I propose to answer it separately on LT due to space here. Suffice to say there was “insaka”, “insaka”, etc where the villagers sat to exchange views, and talked and talked WITHOUT A PERMIT! In short let the people talk, and question and argue as they did at the Village Green. In short our people of yore had sufficient wisdom to appreciate dialogue and the be receptive of other views (cross pollination). The constitutional impasse is because of the fear of the unknown. The current constitution embraces what I have stated here. POINT, be blessed. Brig Gen Godfrey Miyanda///
General you are spot on. this young man chipimo wants to go to state house using short cuts! let there be general elections normally. the assumption that there is no politician who would give us a people driven constitution is lopsided. I know that there is one or so willing to give us what we want. its like saying all bembas are thieves, no there are good ones and faithful
Ba Miyinda. Fight the snake. Leave the young man around. Your village concept failed. Let your friends try aswell.
@ZP(Zabwino Palibe): Comments noted. Take note in my politics I don’t fight people but issues. I advise you do the same and start by stating what issue you don’t agree with in my statement, give reasons and if you make sense I will adopt your view. I have focused on the potential for a power vacuum in the Chipimo/NAREP formula and have left it open for further explanation by them. If convinced I will support them. Mr Chipimo is a lawyer ; let him address my concerns as I have not closed the door. I suggest you persuade him to stand for nine months and conduct his experiment and then resign, instead of sacrificing unknown Senior Citizen.
The Village Concept has not failed bcoz our people did not vote for us. Await separate response on this in LT. Stay blessed. Brig Gen Godfrey…
Rather than confining ourselves to the methodogy and constitutionality, let us address Chipimos idea and come up with a better method to achieve it. He has given the distintion; let us chart the route. NO POLITICIAN IN AFRICA WILL GIVE YOU A PEOPLE DRIVEN CONSTITITION. Chipimo is saying let us chose somebody outside active political arena to lead the process. Somebody like Grey Zulu. Rev. Suzana Matale. Mama Kankasa.
Miyanda,must be given a chance to rule Zambia one day coz the man has Wisdom
Kazembe wa Lunda we have been saying the same for years. Miyanda would make a great and very remarkable president. Imagine him ruling.
Mr General listen to young people who have managed to get votes despite being babies. You want to remain upcoming politician forever?
@Shimapalo: as young people be focused when you debate. I am NOT debating age or gender or even boxing. I am questioning the suggestion by President Chipimo and NAREP that for nine months Zambia should be without a Government, without a Head of State and without The Commander-In-Chief when these are provided for in the Constitution and are MANDATORY! President Chipimo is a lawyer and I believe he will respond, using the Zambian Constitution, not that of South Africa or elsewhere.
As an “upcoming politician” I hope now you have understood the foregoing and will be relevant when you respond. Now let’s us hear you Young People debate the issue of the proposed Chipimo/NAREP Formula for our constitutional impasse. Enjoy the rest of the day. Brig Gen Godfrey Miyanda///
Prima! Bravo! Bravissimo!
Well spoken General. The Chipimo formula is definitely a NO.
But that aside, what I like most is that whenever you say something, people generally remember and bring out the ideology of the Heritage Party i.e. THE VILLAGE CONCEPT, even when the subject has nothing to do with it. This is absent in all other political parties in Zambia, including the ruling Party. They devoid of any definable ideology and mostly personality-based Parties. So full marks to Heritage Party.
The Heritage Party’s village concept is the easiest to understand among all parties and provides a better model for balanced development between rural and urban areas in our Country. Among other things, most western Countries have used this concept over the years to get to where they are today, and as such there is…
Cont’d….. and as such there is a seamless joint between rural and urban in infrastructure and services. Its therefore safe to say the village concept is ahead of its time for Zambia.
For instance, I live in a village in UK along with the majority of the UK population, and easily commute to work. The design of the buildings, tarred roads, security, health services etc…are as good as in the urban centers, and if anything more spacious. Industrial Areas are not restricted to urban centers, but evenly spread in villages too. Such a model for Zambia would answer urban drift, shanty township, cholera, etc we face. And it makes it easier for a Country to make a case in getting funding from big money lenders like World Bank in many many ways.
@Cactus: thanx for your encouraging observations (see my other responses above); it seems Zambians don’t like to exhaust an issue in order get to a solution; nay they would rather bash each other verbally or even physically; very unproductive!
Bcoz of the frequent uninformed criticisms of the Concept I agree with you and have decided to respond separately in LT esp due to comments by POINT and ZP(Zabwino Palibe) above.
2008 on demise of President Mwanawasa, I proposed a 3 year transition (NOT 9 months) to enable us as a country take stock of our independence journey. This was dependent on winning the election without disturbing the status quo as appears in the NAREP formula. 3years bcoz that was the period remaining of his term. See http://www.godfreymiyanda.ws. Thanx Brig Gen Miyanda///
Editor, in the morning I responded to Cactus as I found his contribution valuable and helpful to other bloggers. But my posting is not reflected up to now. Could you pleas locate my response and post otherwise I may have to re- post.
Did he manage to de-register his phone?
of all the other political party leaders that have responded to the CHIPIMO/NAREP formula, only mr MIYANDA has brought out valid points and made this an issue based political debat and i look forward to hearing from mr CHIPIMO. if these two leaders can, why can’t the other do aswel. ba NAREP, the ball is in your court???
educated upnd just coment dont be tribal we are above that shit and dont claim to be upnd because of tribe just be a member of upnd even if it’s by tribe dont show it to the county talk like that in villages ,there bemba udnd members whom you put in awked position because of that shit when will some people learn ka that thinking is Zambia backwards not forward support upnd with senses ,think don’t be f00lish obama was against black voting for him because he is black but because he provided better alternative by then
educated upnd think don’t be s1lly are you saying it’s wrong for people from other tribe to be in upnd come back and ask Zambia n’s even hh you are lost people are geting civilised due to enducation and religion
You have nailed it General, hats off to your wisdom! We have no constitutional crisis so why put in a care taker president to give us constitution, is there something going behind doors that we do not know because Mr. Sata is still president until 2016? I wonder why the govt gave Chipimo air time to bore us with his treasonable talk. If it was another opposition leader and we all know who, I am sure they would be in chimbokaila by now for such hallucinations. The formula is a non starter, just pressurize PF to give us the constitution, no short cuts!
Just waiting to hear from NAREP because to me Narep have come up with a formula that can help Zambia have a people driven constitution. All those we have tried to bring us a constitution have personal fears and interests. it’s not long ago when the President was chastising former information PS Mwamba for allowing private radio stations to get nationalwide licenses. They live in security fears of the unknown. If NO to Narep formula which way………mapatizya?
General Miyanda may not always be right, but I like his character! He is very methodical and straight. He is a real warrior!
NAREP president was spot on saying the president is sick and may not last until 2016. We can wait until caramit strike before we start planning. Age, disease has caught up with SATA that is why Winter has gone full time campaigning, you people you cannot see what is so close to your nose.
I know in our traditional we do not talk about such things but I do not think any one want to see chaos here. look ahead and prepare were its mother nature. to return to dust. May God bless Zambia.
The constitution has a provision for death in service, so why short cuts? Someone tried to talk about the president’s illness just a few months ago when it was alleged that he was going to India for medicals, and what did we hear, denials and castigation of the politician who said those things. So what is is the difference? Too much kapatulula in Zambia, but guess what, God will deliver this country.
” We can wait until caramit strike before we start planning ”
caramit!? Calamity has surely already struck, with spellings like that sure LOL.
Chipimo and NAREP’s constitutional attainment formula sounds like a white collar coup d’état which, I think, amounts to a treasonable offence under the Zambian laws. Like someone has correctly observed, if this was coming from PF’s enemy number 1, HH, he would have already been summoned for questioning; but this will not happen for Chpimo!!
No Coup d’etat in Chipimoz suggestion. Which act?
I notice how Gen Miyanda has taken ownership of his article and is given very pointed responses to bloggers. Notice especially how we often go off-topic when we blog. I am enjoying your curt – to-the-point responses, General. I support any change but I believe change must always come with the agreed to structures and vehicles in our current dispensation. This, fellow bloggers, is exactly what we must push for. If we want Chipimo’s formula to work – legalize it; lobby your MPs to legislate, let your legal experts deliberate on whether or not it will still be in line with what is in keeping with law and order and safeguarding of our desire to keep the peace. Anything suggesting confusion is dangerous, to say the least.
It does not belong to man even to direct his own step, not surprising that those who claim to be ensconced in governance ethics actually do not even understand even a page of the book of good governance. Singing change of things they don’t themselves know. What confidedence & hope can we have in men? If indeed they have the abilities, how on another hand as an economist can one compare a sale of national asset like a copper mine to a sale of a plot? Even in the worst memory break down bout , can one be oblivious of the value of a mine? Your rebuttals to the current way of governance doesn’t seem to have integrity let alone convincing aptitude . Pathetic, would you argue the issue that way that it was like selling a plot before other economist? Let’s be realistic.
Thumbs up…
I can bet money half of you haven’t even read the entire blueprint. Anyway, legally Chipimo cant be tried for treason..
Treason by definition is: ‘the crime of betraying one’s country, especially by attempting to kill the sovereign or overthrow the government.”
1. Chipimo as not betrayed the country, in fact his proposal is to help the country from those who have betrayed us.
2. Chipimo has not suggested that we overthrow the government
What Chipimo suggests is that in 2016, a candidate stands against the PF, secures the vote and runs the government for 9 months during which they fix the constitution process which clearly wont go anywhere if we leave it to party politics. After that 9 months with a constitution in place, we can then resume our habits but at least we have our…
@George Mtonga:In my response to ZP(Zabwino Palibe) I suggested that ZP persuades President Chipimo takes on the Presidency for nine months instead of sacrificing a Seniour Citizens. What do you say?
continued … have our constitution.
From this logic, Treason Is not the word to use.. INFACT.. SELFLESS-LEADERSHIP AND PATRIOTISM seem appropriate.
@George, nice one. All those who keep on claiming that ‘had it been chite na chite or katwishi and katwishi, by now they would be munsinbi’ seem not to be at level with what is in the formula and whats happenning. firstly, the presentation is mature and then, the Chipimo guy is a lawyer and intelligent enough to know what treason is exactly, thats why no one in government has raised a red flag and said mugwileni uyo.
George N Mtonga – don’t use the dictionary to define treason. Visit the Constitution. The clause and spirit in that statement is very clear. This is what is making debates on these blogs difficult because we refuse to take time to refer to the bounds that are supposed to be used to govern us. Chipimo has had to quickly replace his earlier proposition with this hurriedly patched up one because he himself realizes he was walking too close to the edge. I repeat, visit the constitution and check what it says about treason.
This man is another ~chumbu mushololwa~ not flexible, hes just straight
He is not “just straight”. He is pragmatic.
While i appreciate Gen Miyandas argument, I have problems with the flow of his reasoning. I have not heard in Chipimo’s proposition that the one who shall be incumbent for the period proposed will not function as a full time president exercising all the powers bestowed under the current constitution. Secondly by insisting that let Mr. Chipimo himself be that person who stands and resign after nine months ‘instead of sacrificing someone else’, will Mr. Chipimo being the incumbent under this proposal resolve the commander-in-chief vacuum? Could the General’s issue with Mr. Chipimo’s proposal be that someone will be ‘sacrificed’ and NOT necessarily the commander-in-chief vacuum?
@ Kwifulaminwe Kubunke:
1. Flow of Reasoning – I am in total control of my faculties. I have not discussed the PRACTICALITY of the formula until NAREP’s further explanations.
Currently the incumbent President remains in office until the new one is elected and then he hands over to him/her. The Chipimo/NAREP rationale is that no politician should be trusted. But there is already an elected politician with full powers of President to handover to a non-partisan, presumably apolitical Senior Citizen!
2. NAREP should tell the nation what amendments they plan to facilitate the election of this “non- partisan, apolitical person”.
3. Why Chipimo? To practice what he is preaching.
3. Comments reserved on practicality.