A Paper on the case of the missing Commander- in Chief!
INTRODUCTION
Since his election three years ago in 2011 the President and Commander-in-Chief of the Republic of Zambia, Mr Michael Chilufya Sata, has uncharacteristically avoided addressing the nation. This year he has been out of the public view for close to three months in spite of public queries and demands. A picture taken when he appeared at a court session this year revealed the frail figure of an emaciated person, thereby providing circumstantial evidence that the President is definitely NOT well. That picture drew mixed reactions, some of anger, consternation, incredulity, pity and even some of suppressed joy! Consequently the picture invited furious speculation about the state of the President’s health.
This situation has given rise to spirited interpretations and speculations in an effort to find a solution to this unprecedented event since our independence in 1964, and even beyond to colonial times. So the concerns by citizens are not malicious or idle gossip.
BRIEF HISTORICAL BACKGROUND
Mr Sata, while in opposition, raised combative questions about the health of the late President Mwanawasa, predicting a national crisis and insisting on the establishment of a Medical Board. Answers were provided (including by the author of this paper when he was in South Africa) but there was no crisis because the Constitution was followed. The episode has repeated itself, but with the shoe being on President Sata’s foot. The difference is that this time there has been no truthful answer from the elected Government but lies and more lies!
THE RIGHT TO LIE
The question now is “does the Government have the right to lie and/or continue to lie?” The answer is no. In fact it is doubtful if there is a country that has a deliberate policy of lying, even for alleged security reasons without briefing the people to justify their action. The implications of the Executive silence include the compromised or impaired security of the state and the President. We doubt who is in charge and cannot accept any Jim or Jack claiming to be acting or speaking on behalf of the President. This has created a leadership void which has led to dark forces plotting to exploit the situation. The uncertain status of the appointment of Dr Guy Scott as VP has also added to the in-fighting and jostling in the PF ranks. The PF hawks are aware of this and know the health status of the President, hence the jostling and finger-pointing.
THE IMPASSE
Another question that needs to be answered is: “in the event that the President is incapacitated and those charged with the responsibility have NOT acted, how should the impasse be resolved?” The Constitution is very clear, but the Cabinet is impotent. The responsibility for resolving the impasse that is facing us lies first with the President himself and subsequently with the Cabinet.
The reason for this inaction is that the Cabinet and other PF factions know the condition of the President but are pre-occupied with positioning themselves for the high ground.
On 25th August 2014 the substantive Vice President, Dr Guy Scott, made another of his myriads of “gospels” on the President’s absence. The statement was devoid of substance and provided no solution. In terms of Article 39 the President has power to delegate the Vice President in writing to act in his absence or in case of illness until he revokes that delegation. If the President is incapable of such a delegation by virtue of illness or other incapacity then the Vice President automatically acts; if the VP is also absent or incapacitated, the Cabinet will choose one of them to act. The Constitution is neither ambiguous nor silent. The question is: why have the Executive not followed the law which is not ambiguous? Why the obvious lies that they know everyone knows are lies? The reason for this inaction is that the Cabinet and other PF factions know the condition of the President but are pre-occupied with positioning themselves for the high ground. The current law does NOT allow the Cabinet to ignore the Constitution, hence the Cabinet is guilty of deliberately breaching the Constitution.
WHAT TO DO/CONCLUSION
This scandal demands truthful answers by a proper person representing the Executive. We suggest that either Dr Scott, Minister Chikwanda, Minister Lungu, Minister Kabimba or all four of them together address a live broadcast and take questions from the public! This is not a PF affair, and it is not even a family affair but a matter that concerns the whole nation’s well-being, security and stability. No one must hold the nation to ransom: not the President, not the PF and not even those who bank-rolled the PF in the last election.
The PF can keep their PF president and deal with that situation as they feel.
But We, the People, must claim our Republican President and demand for the truth, the whole truth. The Executive must tell all there is to tell and answer, inter alia, the following questions: where is the Republican President and how is he? Why is he not talking to his people? Can he speak? Can he see? Can he hear? Can he recognise people? Can he write? Is it him who has been writing on Facebook? Is he safe or is he a captive? When and what was his last executive instruction and to whom was it addressed and delivered?
We are in this situation today because of ignoring the Constitution and other laws, including those that demand for strict observance of procedures, whether this be in court processes or appointments of persons to various offices, especially constitutional ones. We must strive to re-introduce and observe the Rule of Law. We shall never put right what has gone wrong if we seek refuge in the Law of the Jungle. Let us start by impeaching the whole Cabinet or charging them with failure to perform their constitutional obligations!
GODFREY MIYANDA
BRIGADIER GENERAL
[27TH AUGUST 2014]
Mr Sata is a leader till 2021
He just mistakenly fired WK
You don’t fire someone if you are ill
No story for me here
Thanks
@Mushota try to use the other 98% of your brain capabilities once in a while.Your reasoning sometimes is really shocking. Zambia needs a visible president not a phantom who rouses occasionally to fire or hire someone.
ex-mama
-1
Unlike you I don’t rely too much about what the media says
I have reliable sources who have informed me that Mr MCS is well as evident
by the News he conveyed to GC to temporarily relive WK of his duties
I hope you understand and learn from my sources’ insight knowledge,
Thanks
@Mushota
In you own words, “He just mistakenly fired WK”. Isn’t it a serious symptom of a very serious illness for one to make such a “HUGE MISTAKE?”
The media is just too polarized, that’s basic work of itself.
This impasse has come just at the right time to answer certain constitutional questions – such as: Is the Cabinet the right body to be questioning whether the president is medically fit to carry out his responsibilities?? Remember, the CABINET is an UN-ELECTED body, IT HAS SELF PRESERVATION INTEREST in the matter, as best demonstrated by PF, thus I suggest, this matter is best addressed by PARLIAMENT, a body that has been unequivocally elected by the people, Parly would then have the powers to appoint a medical board! Probably good Sata avoided adopting the draft, as it has this glaring omission!!
Everyone knows that its not the president who fired Kabimba but rather the other camp he entangled himself with fighting. Look, Kabimba thought other people were living in fools paradise when it was him instead. Now he realises the party he worshipped all this time has disappointed him, something he never thought of.
You guys know nothing about the constittution. Please read the consitution. Even Miyanda has errored.
The president does write on Facebook/Tweeter anywhere in the world even Obama but his handlers.Get over that General if you spend the whole day on Lusaka times & social medias…
Meant does not write physically
@Mushota
From saying that Sata is fit not long ago to insinuating that he is ill today.
mushota,
go do what you do best………..ukulya amabwamba yabasungu bachula.
Indeed the Zambian people need answers.As much as we celebrate Winters Kbimba’s firing there are stilll many issues that need to be addressed and not swept under the carpet. Who is calling the shots at State house? Is the rest of the cartel going to be dealt with?
The next celebrations will be when Zambians fire Sata in 2016, or even earlier when he finally kicks the bucket! He can’t be a no-show without consequences.
PF is a bunch of retards. To them they don’t see anything wrong. Just look at the type of Ministers they have, people like Chikwanda, probably the worst Finance Minister in in the world.
Chikwanda is definitely and unquestionably the worst Finance Minister in the world. He should have been fired in 2012 when he waived duties on export of copper concentrates. Now he has irrepairably ruined Zambia’s economy.
The perceived failure of one person or one group does not necessarily constitute a leadership crisis, but individual failures.
Best News for the ever deteriorating Socio/Political situation in Zambia.
Kabimba was Greedy, Scheming, Dishonest, & single handedly ruined P.F’s popularity.
Now You will hunger for a People driven Constitution, as this would have protected You from your own excesses!!
How i wish we were a pipo that learn from the past but alas we dont.It started with KK who was confortable with huge executive powers provided in the constitution,he saw no need to have a pipo driven constitution,till he passed the mantle on to FTJ whosaw no need to have a pipo driven constitution abused his foes including jailing KK,Mwanawasa took over and inherrited FTJ’s constitutional powers even formed an unconstitutional task force,RB saw no need to have a pipo driven constitution,i laugh each time i see him jostling to and from court something that would not have happenned had he given us a pipo driven constitution,the latest casualty is Wynter who will soon be paraded before ACC,police etc.And the fools he leaves behind will watch this and still see no need to have a pipo driven…
Godfrey Miyanda has raised serious questions in his article that need serious answers. If this situation that has befallen the nation is left unresolved, we as a nation will have let down ourselves and our own constitution deemed as a mere piece of paper worth nothing. Secondly, our moral values as a people would be nothing to talk about, our own children will laugh and take us as reason for their future failings. The implications of this knowingly and arrogantly disregarding our own laws has far reaching consequences than what we merely see and say to day. It is such lethargic attitude on national matters which create dictators in the world responsible for great human sufferings. Let us nip the bud. Let us implement what General Miyanda has proposed as a lasting solution to avoid later.
Good comment Aquilla, it compliments nicely with a well written article by the general.
We too agree with you Aquilla and, we pray that the word of wisdom spelt by General Miyanda be observed by all God’s loving Zambians. Good Lord, serve our country: we pray.
Who is running this country? It is certainly not Sata who appears totally incapacitated. If it isn’t Sata, who is? Clearly, a coup de tat has taken place as the constitution has been torpedoed since the action that is called for by the constitution under the current circumstances of an incapacitated president has not been followed. Who fired Kabimba? Can Kabimba confirm if indeed Sata fired him, and if he did, did he sign the letter relieving him of his duties? We now know it is not the cartel since one of them has just been dismissed. I suggest a tribal cabal has taken power and is illegally running this country. Zambians need to urgently pose the question, who is currently running Zambia?
@Deep Thinker,
I totally concur with you on your thought-provoking analysis on who is actually running the country and who sacked Kabimba. The sacking of Kabimba resolves nothing until the nation is convinced as to what the president’s state of health is, otherwise Zambia will be run by a syndicate of faceless individuals.
Now this is where the General drifts off to “kuku-land”; Gen, quick question, How exactly does one get about impeaching the whole cabinet???
Indeed, the only thing we can try is charging them with failure to perform their constitutional obligations! However this is so nebulous, as they can claim the defence of not having a medical board report advising so, which as you can see, they have deliberately failed to appoint as they have self preservation interests!
Responsibility to question the presidents medical fitness, should be one handled by an unequivocally elected body, in our case, PARLIAMENT, it is inevitable, ruling party will have the majority, however a REASONABLE vote ratio will then have to be agreed, thus the opposition hopefully with a few crossing the floor, prevail!
Deep Thinker,
Yes I agree with you. Before Kabimba was fired the following events took place .
(1) Chikwanda threaned at his so called press conference that those attempting to take over presidence from Michael Sata will burn their fingures.
(2) Kambwili joined the chorus to support Chikwanda
(3) Guy was cowed to support Chikwanda over the Mines refunds and his non declaration of interest in the company where he owns shares just after that press conference. To me this was so strange and could easily see fear in Guy.
(4) All the above events within a short period of time led to the dismissal of Wynter Kabimba.
CONCLUSION
I think the person running the country is Chikwanda and his tribal mates. But this will not take them anywhere. Zambia is not monarch.
i will be the next president people and i will make sure sata and the rest of the PF cowards clean my toilets and stables. we shall remove the so called failed democracy in the country and turn it to dictatorship. for i am the one and only evans mfula at evaduco reporting live from the suburbs of lusaka.
Bwana General you always appear logical in all issues you raise, the above is no exception (since your defence of Public Order Act, when you where Chiluba’s VP). The POA you championed then came to bite you later when Chiluba fired you and you formed HP. I don’t know if you have reformed or this is just an opposition party syndrome. In your article conclusion you cancel Wynter Kabimba because he has been fired (by we don’t know who). I also think if a commission was to be constituted to probe issues of the crisis in Zambia at the moment Kabimba remains a big factor. The way you have expressed this point is really smart. Are the best President Zambia never had. How SATA beat you we will never know.
Wabo, shall we stop challenging each other and let us get back to developing this lovely Zambia. Even if there was something wrong with the General in the past, the advice he gave us is great. Let the past go and get back to the best that should be done to this wonderful land, Zambia. Ciza uli yame?
@Kavuyi,
You have chronicled the events leading to Kabimba’s dismissal very well. Guy Scott’s surprising support for Chikwanda is especially telling. One gets the impression the faceless people running Zambia (we now know it is not the so called cartel) leaned on him especially as a ‘foreigner’ to switch sides and, being such a weakling in PF, he succumbed. This confirms what we have been hearing that a tribal cabal has taken over all presidential functions. The name Xavior Chungu has been coming up and one can safely conclude a tribal cabal of Bemba supremacists has taken over. Lungu’s appointment is a red herring to show an element of inclusiveness but in reality the Bembas have now consolidated their hold on power. Any doubts about PF being a Bemba party are safely laid to rest
The crisis is just in your head boss. A leader is defined as someone who can make things move and things are moving The problem is you are coming from where the president is on TV all the time.
i feel touched when elderly pipo like miyanda speak like that. sir going by your age the role you shud be playing is cooling down the youths not igniting the fire. If sata has a problem its pipo like you to be closer to him. your political style shud be different from HH sulapwa and mumba
Whilst i mostly agree with the gist of Gen Miyanda’s point,i also think he misses a point.Our leadership crisis emanates from a people with a culture of “i must lead” borne out of need of personal fulfilment even when they lack leadership attributes.Zambia is hostage to “the personal”-which counts far more against “the national”-which counts less.So all these leaders don’t see a crisis as all they care for is personal prestige at whatever the cost to mother zambia.
This has been the best article ever written by an opposition activist. It is straight to the point and it has certainly no doubt served as a voice for the voiceless. The truth about the whole ineptness of the PF govnt is that they are constantly unequivocally breaching the constitution!!!!!! The whole lot should be impeached and usher in a responsible govnt that will aspire to the expectations of the people. Well done General Miyanda….