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The Zambian Constitution does not allow Cabinet to operate without the President

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File:President Sata addresses a Cabinet meeting 2013

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File:President Sata addresses a Cabinet meeting 2013
File:President Sata addresses a Cabinet meeting 2013

ICHALO BANTU

(The name is translated according to the origin of the Citizen in accordance with the 72 Zambian languages: Icuña Anchu(LUNDA), Ichisi Mbantu (TONGA) Naha Ki Batu (LOZI), Dziko Ni Bantu (NGONI), Insi Awantu (NAMWANGA)
Golden Jubilee: dictionary meaning ‘a time for celebration’, biblical meaning ‘a time for healing, liberation from sorrow, release from bondage.

PRESS STATEMENT

Cabinet ministers guilty of illegally running affairs of ministries

Constitution does not allow Cabinet to operate without Executive control: Cabinet is the President

It is clear to the citizens of the country that the President is:-

  1. Not in good health
  2. He is unable to discharge his Presidential duties effectively
  3. That cabinet, both individual and collectively, have continued to run Government ministries and perform Government functions without control, supervision and direction FROM THE PRESIDENT.

The Ministers are therefore in BREACH of the ZAMBIAN CONSTITUTION; it is illegal for Cabinet- Cabinet Ministers and Vice President- to be running the affairs of the country outside the effective control of the President. Cabinet is the President, without the President there is no Cabinet; he is the only official elected and authorized by the People of Zambia to preside over the affairs of Government. He selects Cabinet Ministers to assist him execute these functions. If he is unable to discharge Presidential functions, the Ministers cannot continue performing Ministerial and Government functions; the constitution COMPELS cabinet to constitute a medical board.

The constitution does not give them an option; immediately it is clear the President is failing, Cabinet must take such action as to protect the nation and secure their continued legitimacy to perform state functions.

Failure to take this action expeditiously and in a timely manner is an illegality and is a betrayal of the peoples’ trust; it is a crime against the country and a serious breach of the country’s constitution. When citizens commit crimes against their own country it is TREASON; taking actions or failure to act in a manner that seriously COMPROMISES the country; showing DISLOYALTY to the country. And currently, our Cabinet is individually and severally guilty of treason; as they continue to exercise matters of state, unsupervised.

Constituting a Medical Board

The most ideal situation is for the President to resign; it avoids the scrutiny of a medical board. If the President is unable to or is resistant to the idea, Cabinet, on behalf of the people must follow constitutional procedure and constitute a board; in exercising this option, the President is not a party to this decision and cannot be consulted. The fact that a CONSTITUTIONAL BREACH has been allowed to OBTAIN, means that the President is unable to take this action, and Cabinet has to override the interests of the President for the country and the citizens.
The medical board has to diagnose the health of the President in relation to the pressures of managing state affairs. This is why the responsibility bestowed on the board, borders on treason should there be there be any unprofessional conduct.

Health of the President

The health of the President is a matter of public interest because of the constitutional provisions. And it is not for the public to try and find out the health of the President, it is the administration that has to prove that the President is healthy enough to execute Presidential functions effectively.

As situation stands, there is no evidence to suggest that the President is able to perform these functions effectively.

Acting President

Cabinet must therefore stop performing government functions until such a time it is ascertained that the President is healthy enough to resume state functions or an alternative official is authorized by the constitution to Preside over state affairs; this will avoid Cabinet being individually and collectively being liable for prosecution.
Going forward, Cabinet Ministers must:-

  1. Must stop going to Cabinet offices
  2. Must stop using government facilities
  3. Salaries and other emoluments must cease

To emphasize the danger of constitutional offices going unsupervised for days and weeks on end is that following are some of the SENSITIVE OFFICES become COMPROMISED:-

  1. Director General Intelligence
  2. Army Commander
  3. Air Force Commander
  4. ZNS Commander
  5. Inspector General of Police
  6. ACC Director General
  7. DEC Director General

Interpretation of and protection of the constitution

We can only defend the constitution if we understand it and can interpret it. Therefore, no matter what constitution we write, if we cannot interpret it and defend it then it is not worth the paper it is written on.

The Law regarding absense from duty on medical grounds

The law simply states that if a person is absent from duty on medical grounds for a period exceeding THREE (3) MONTHS than the person can automatically be discharged on medical grounds. The Presidents condition has been kept a secret for more than three (3) months a situation that is in conflict with the constitution. The responsibilities of the office are such that LACK OF ACTIVITY IN THE OFFICE FOR LONG PERIODS OF TIME HAS NEGAITIVE RAMIFICATIONS FOR THE COUNTRY. Action must be taken in a timely manner

Long arm of the Law and the Golden Jubilee

This year is the Golden Jubilee. Citizens are looking forward to the end of political trials and persecutions. But for this to happen, political leaders must exhibit high levels of integrity in dealing with public affairs. As the nation transitions to the next 50years (Diamond Jubilee -100years) the politics must change. It time people started doing the right things in public offices.

Forensic Audits

The sensitive nature of the various government department, it may call for forensic audit of the decision taken in the absence of the Executive.

Conclusion

Cabinet implement the WILL of the people as enshrined in the constitution. Until such a time they must stop performing Cabinet functions, which is a pre-requisite for their continuation in office.
The citizens draw their inspiration from the President and cabinet draws its authority from the President

By Brian Chisengalumbwe
Political Analyst and co-ordinator Ichalo Bantu Te Fikulwa(A movement for a new generation of politics

editor
editorhttp://www.lusakatimes.com

77 COMMENTS

  1. And you wonder why they do not want to release the new constitution? It is loopholes like this that have caused this government’s resistance to release the new constitution.
    However, coming to to individual morals and family love, where is his wife in all this? Shes a medical Doctor so she should know that the hubby has reached the end of the ‘productive line’ and advise him to step down.Does Sata’s family want to saddle us with another state funeral? Doesn’t Dr Kaseba have Maureen Mwanawasa’s number?

    • The article is so misleading and alarming to say the least. You can not talk about breaching of the constitution without citing the article which has been breached. Kindly tell us which article so we can refer to it when arguing.

    • The constitution is clear about setting up a medical board if the president is ill.Everyone in Zambia knows there is something wrong with the president.It started with secret trips abroad under the guise of wooing investors.Cabinet is full of unpatriotic clowns who are afraid of jeopardizing their positions because they will lose their salaries.The chief justice is the aunt,the speaker is incompetent.So where does all this leave the Zambian citizens?We need evidence that the president is healthy.We need an audit to see what he has been doing the last 3 months.

    • Brian, you should have taken more time to research and also consult law experts before posting an article that you know very little about.And if you have sufficient evidence that the cabinet is running the affairs of the nation illegally, what are you waiting for? Take them to court.

    • Would you believe it, the wife (a medical Dr) was last week quoted “The president is fit and carrying out presidential functions……or something to that effect). They are in it for money. They set themselves a target and unless it is achieved Sata remains FIT and working. They would have taken a life policy.

    • I totally disagree with this article’s assertion that cabinet is the president and the president is cabinet. Cabinet is not only made up of ministers. There are some members of cabinet whose offices are constitutional and not even the president has powers to remove them once validly appointed e.g the Attorney General. Besides, the office of the vice president exists in order to discharge the presidential functions should the president be temporarily incapacitated to fulfill his functions. There is no evidence to prove that the president has lost his permanent ability to discharge his functions and, as such, it would be premature for cabinet to dissolve itself.

    • Though I agree with the fact that we can’t have a country on auto-pilot, sorry that is even kind, a country/Govt that has lost direction becoz of the incompetencies across the board, this really compounded by a missing presido whom everyone would have expected to bring order to the chaos!
      Unfortunately, the presido IS NOT GOVT, & GOVT can run without him, hence facility for cabinet to convene, & if presido is incapacitated, cabinet sits to decide whether to convene a medical board – so the author, having not quoted a specific part of constitution which has been breached, is essentially wrong!

    • A long document without supporting Clauses from the Constitution and Chapters (Caps) and Sections from relevant laws is a waste of energy on the part of the author and waste of time for us readers who read it hoping to see some evidence.

      This document could not even be useful for a party conference. Zambians, stop wasting our time.

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  2. Poorly written article it doesn’t quote any section of the laws of Zambia and it lacks substance.The writer has a point but not quote relevant Acts of the Laws of Zambia makes it uninterpreted.

    • Totally agree with you. It needs some empirical evidence to back up the facts, undoubtedly, he has raised in this semi profound article.
      Can muteness of a leader from his or her own people be a problematic issue if , the electorates need and want to know wherever he or she might be especially omitting significant presidential meetings?
      And on Sunday or Saturday, the same “politicians ” go to Church and tell God that they will be truthful is rhetoric of the Christian values our country Zambia portrays to lead in Christianity as a Nation, if not second in almighty ‘s Israel.
      Power confuses the weak in heart and I don’t wanna fill the void.

    • Its too bad your library in Matero was converted into a house,I would have asked you to go read the constitution for yourself.The author has done his part why should he spoon feed you with what you can find out for yourself?When was the last time you wrote an article that was viewed over 3000 times?

  3. It appears that we are all living in fear to really implement what is enshrined in our constitution. It is now a known fact that the president is not enjoying good health to execute the duties as president of Zambia. Who is then going to be brave enough to move this motion? The speaker of national assembly pays allegiance to the PF government since he was elected by PF MPs. He is also on record to have stopped MPs not discuss the issue surrounding the health of the president. We are in trouble as country and really don’t know where to go. The honorable thing the president can do is to resign on moral grounds. Reality should prevail. On the other hand if he is really ill then let the Zambian people pray for him. We are in a typical African country where only death is not hidden.

  4. So what next and who should take action since parliament is docile. The big question is : who should take action to invoke the constitution provisions on this important matter???

    Its no longer a secret that King Cobra is unwell and incapable of governing anymore.

    • A majority of the members of parliament must resolve to investigate his wellbeing,then reccommend to the Chief Justice to constitute a Board.
      This is a lesson to all of us.Sata has sourrounded himself with sycophants whose only interest is their welfare.None of them care about Sata.The Cj is equally compromised.If Sata had sourrounded himself with men of integrity none of this would be happening.

    • We need to learn from this and make sure it NEVER happens again.

      When this sad joke ends, the Cabinet Ministers responsible must be prosecuted for TREASON to the full extent of the law, so that future Governments NEVER AGAIN defy the Constitution like this!

      Zambians are a forgiving people, but now these CRIMINALS think they can get away SCOTT FREE with their outrages.

      They must be made an example of. Then future politicians will think twice!

  6. The whole saga surrounding PF government and absence of the president without from public view is mysfying to Zambians. Here is a gang of people who have taken Zambians for granted and constitutionally fell a better cut above the rest of Zambians. They feel they owe the country no explaination about Sata deserting the presidency of a nation. As Zambians we have reached our hoaded end and the only language to be understood by PF government is a national civil unrest. This is the direction our nation is heading.

  7. Brian, you have left us to ponder as to what happens next. Be conclusive and spell it out as to what is the next step of action in the circumstances and who should lead it. I have selected you. Theories are no good unless tested!

  10. So, how long are these crooks gonna try and keep this secrete? We have been there before, only six years ago we had the govt vehemently denying facts about Levy’s illness till he died. Haven’t we learnt from that embarrassment? What is wrong with keeping the nation informed of the President’s health. Look at Hugo Chavez, his country was kept informed of his health till he unfortunately passed away. Was that a bad thing?

    • @Laso; even the supposed worst dictator Fidel Castro stepped down for medical reasons. Surely Sata can do the same. He will be more respected and the PF will rule Zambia for a very long time. But unfortunately they are only thinking of the here and now and how much they can steal while their president lies in a sick bed!

    • Dalitso, you are so right. Without even looking as far afield as Cuba, lets look at our own KK. Even though he didn’t leave power due to ill health, he has amassed a lot of respect for voluntarily leaving power after losing elections at a time when people hated him like an infectious disease. Today he is everyone’s darling….

  11. Ba Chisengalumbwe mwalasa. You have just hit on the head of the nail. This is actually long overdue. ZAMBIANS, we need to act now. This is it. We need more pressure on these PF selfish 1d1ots. Zambia has so many well educated and possibly enlighted citizens. Unfortunately, the so called educated fools are just as bad as the uneducated ones. No critical thinking, most of them (the educated) are so blind to corruption, nepotism, tribalism, etc. the list is endless. As an example, who would expect Mmembe would behave the way he does nowadays? All of a sudden he has become so quiet and unintelligent? Why? Money, money, money speaks pa ZED…. How come we cannot think or utilise our brains. This PF strongman needs to be flushed out of State House NOW in one way or the other.

  12. Good article,though lacks which constitution articles to cite as a legal argument.i strongly believe that due to pf wrangles in leadership,all must are scared of losing the positions once a new acting president is chosen.
    My question is does acting president have powers to fire or appoint any ministers?

    • @Mphendula Kayaula

      Yes I am very positive this is one fight the citizens can emerge out of victorious. 13.5 million inhabitants of Lusaka and other towns taking possession of all streets would simply paralyze and confound the police who would be outnumbered by 99.999999:1

    • Zambians dont have the fighting spirit required and are easily duped hence their belief in 90 days abracadabra type of populist politics. In any normal country, Sata would have been in prison for the Chawama massacre but a certain section of the Zambian population put him in state house and we are now living through the horrid consequences.

  14. Useless article as H. E. Sata is in-charge of both cabinet and the nation…. so don’t waste our time HH and your Up and down party
    Zikomo

    • Where is he? Even on Facebook is nowhere near twitter and the likes. That ” I will rule according to the Ten Commandments”? Yet PF is forcing people to act against the same Commandments, such as, “Thou shall not judge” if their leader is nowhere to be heard speaking or seen by them for 2 months is temptation in the highest level.
      Only truth can change all these assumptions and apparently facts of the disappeared Sata.

  15. It would have been ideal if the president undertook a mandatory health check every 6 months because as things stand the cabinet would not go against its president to have one instituted. Zambia is trapped on this one guys, we just have to wait for nature to take its course.

    • Ukwa would have ensured that the doctor undertaking the examinations would either be the fat Kasebanya or some other compromised culprit in the way that he has hijacked parliament and the judiciary.

  16. The educated zambians trying to mislead zambians.Zambia is operating as always with all developing activities. long live sata

    • Typical panga family cadre with no sense of irony given the subject matter – ati ‘long live Sata’!

    • @penguin

      There was a study conducted by the universities of Ulster UK and Helsinki Finland about the IQ and wealthy and poverty of nations where Zambia emerged as number 2 in Africa after Egypt boasting the highest average IQ. Problem with this observation by this study by the two universities is that I don’t see evidence of this high IQ especially among the charlatans occupying the corridors of power.

      1 egypt 83
      2 zambia 75
      3 tanzania 74
      4 uganda 73
      5 congo brazaville 73
      6 south africa 72
      7 ghana 62
      8 guinea 70
      9 zimbabwe 70
      10 nigeria 69
      11 congo zaire 68
      12 ethiopia 67
      13 sierra leone 67

    • @penguin

      “….Problem with this observation by this study by the two universities..”
      I apologise for the above mumbo jumbo, slip of the fingers, i guess.

  18. These are some of the anomalies that need to be corrected in the new constitution. Its an anomaly for cabinet to be given the mandate to constitute a medical because their allegiance is with the President. The set up we have is more like a family than a government. Who can easily vote his father out and expect to remain under the roof? Sata will continue sleeping until the grave calls and if anything the grave is the only deliverance Zambia needs from the Snake. Insoka ile lisha abantu ichisabo!

  19. We cannot go on like this, with lies every day from PF ministers, now Sata’s family (his wife, Dr. Kaseba) telling us that he is okay. What a load of ………it?
    Do not mistake me for a tribalist because I am not one at all. I am a full bloodied Bemba man by tribe as my parents are from Kasama, and I do not care who gets into plot 1 as long as that person is Zambian and has the guts to plan, implement his actions, and supervise his ministers. Sata is currently incapable of doing all these. For how long are we going to be talking about this? Where is the opposition in all this? At the moment, and I will be very honest, only HH seems to be doing better in opposition than all the others. Enough is enough, govt. needs to tell us what is happening to SATA period. ZAMBIA arise, Zambia arise.

  20. Is Zambia really a Christian nation or politicians just use that for them to be forgiven after stealing from public coffers.how many top civil servants or politicians who have served prison sentences after stealing tax payers money?politicians know that it’s safe to play the Christian tune to blind fold Zambians.wake up Zambia.

  21. It’s now more than 8 weeks since Sata the recluse and his PF have taken the people for granted and treated them with disrespect and arrogant contempt. Has it ever happened anywhere in the world?
    The nation has been told time and time again that ‘Sata is fit and well and working hard’. It’s time he is smoked out of his cage like Saddam Hussein to account for time he has wasted. He thinks Zambia is his personal market stall.

  22. Just poll ALL MPs and Cabinet Ministers personally as to whether they support the IMMEDIATE calling of a Medical Board on President Sata – YES or NO; 1 week’s notice and publish ALL the answers including “did not responds”; ist time for affirmative journalism – WE MUST KNOW WHO puts Zambia first and who’s covering his ass!

  23. Zambian citizens, you mark my words. During this time of Sata being AWOL, not performing his official duties, I can guarantee that some of his ministers and perm. secs are probably looting the government treasury, and that is my biggest source of worry. A lot in terms of contracts and government money will disappear during this time of confusion, that is why it is imperative that we have someone at the top overseeing these guys.
    We really need to do something about Sata’s continued hibernation from the Zambian public. Someone needs to be accountable to us NOW. Enough is enough.
    Kana, why are Zambians so docile?

  24. In one sense Zambians deserve the misrule they are currently under, I mean how anybody thought that Sata would ever make a good president will always be beyond me!

  25. Just wondering if UPND will ever exist after 2016. am seeing a lot of squabbles within UPND to who takes over affairs of the Party after so many embarrassment from HH.??????

    • @Umwina Zambia Inkonko,
      This report is about your useless Sata not about HH. Why do you choose to be irrelevant. Zambians see and talk to HH everyday whereas Sata remains a missing UFO. Leave HH alone, he is not the reclusive president.

  26. But why is everyone not doing anything about the situation? Everyday we see everyone running around like nothing has happened or that we have a sick man at the helm where is the army where are the fearless people who can send him off to leave in a hospital so that we can once again have a leader. To be ill is nothing to be ashamed of.

  28. Demand
    All nationals should have a sit in demanding the head of state to come out of hiding and re-assure the nation that he is:
    1. alive
    2. healthy
    3. has mental capacity
    Surely is he not ashamed of all the debate on his health as he hibernates in plot 1, drawing a salary with out input. If cabinet cannot give answers let Mr Kupe make a live appearance.

  29. …lets not dwell on references to the constitution …..the million dollar question is, who is supervising the presidential appointees, RDA….??…Is MCS current status quo capable of doing that…??

    Brian, the name of your movement is sickening….may be just try to abbreviate it…

  30. Cabinet meetings might as well be chaired by a big sack of black charcoal. ..its the ideal replacement for the deadwood will are folking out $50k per annum to seat and fart in State House.
    Zambians wake up from your docility and passivity! !

  31. King Cobra’s absence at just ended Southern African Development Community (SADC) Heads of State and Government Summit must have been a total relief to Zuma, saved from having his bold head tampered with. We have really stooped law in leadership of our Country.

  32. too many words will neva fill up any basket at all. this is becoming tiring and retrogressive. zambia is endowed with brilliant men and women whom instead of just commenting to the same issues under different heading could do something worthwhile. its like asking your friend what the gender of a dog in front of you is when a dog does not even dress up. fellow country men,some computer wizard out there,lets have a proper platform where we can pour in ideas and issues and discuss the with integrity. not this usual insulting and this and that. sancho

  34. As a fourth World Country (look it up – Zambia is a fourth world country), it is plain and clear to see that it does not matter whether or not we have a president (Case in point).

    While this article is poorly researched, let us not take away the message — which is that we are in a leadership crisis and that people with a vested interest want to have a puppet president in office so they can pursue their interests.

    As patriots, we need to defend our nation, and our constitution. Out allegiance is to the nation of Zambia, not to a human being, or a political party.

    But who am I fooling, we all know that we want to remain poor for life.

    #ThisIsWhyWeArePoor
    #Poor4Life

    #OneZambia

  35. Trying to impart information without citing the source or from which part of the constitutions this or that information is taken is really unprofessional and misleading. As much as it is interesting to try to read the article, it is just important to show the reader that you know what you are writing about and your writing is supported by the same constitution you are referring to, otherwise the information contained in the article is for cadres who do not know what plagiarism is period! The author must also understand that the readers would like to counter check the information to make sure they are not being hoodwinked to believe otherwise.

  36. This article was written by a cartel of UPND idi0ts. It is base, shallow and lacks substance. Only fools can go home celebrating the idiocy expressed here. I’m warning these fo0ls not to mess around with the name ‘Chisengalumbwe’. Chisngalumbwe is a noble name.

  37. Cowards zambians are useful *****s . a lot of useful ideas and points shall remain on paper later diluted and forgotten . Bunda bwapakanwa Bamakaka .you want to show the Nation that you are Brave and intelligent whilst your tails are between you your fat legs . God is watching

  38. I was hoping to read the quotes from the constitutions unfortunately nothing. How do i know what you are talking about without references? For the PF government you are robbing the Zambian citizens.

    • Zambians are just useless people. The other day, women from RSA were evening thinking they can do a better job than these Zambian men who always have their tails down. If you want to start a fight with a zambian, grab his BEERS. It is a country of dis-interested people ruled on auto-pilot. If you can’t rule Zambian, then you can not rule anywhere else; maybe Chimpanzees at Chifunshi!

  41. Honestly that old man…..in mangango with all the vibrant youths around…am forseein another bye election…just a concern!!!
    #Long live PF…..

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