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Brigadier General Godfrey Miyanda responds to George Chellah

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Brigadier General Godfrey Miyanda has responded to President Michael Sata’s Special Assistant for Press and Public Relations George Chellah’s response to the article he wrote about the absence of the head of State from public view.

Below is the response in full

RESPONSE TO MR GEORGE CHELLAH, PRINCIPAL ASSISTANT TO THE PRESIDENT

[By Brig Gen Godfrey Miyanda – 30th August 2014]

Mr George Chellah’s response reported on lusakatimes.com is highly misleading. Here are my point by point comments:

a. Calling for a Medical Board: I did NOT call for a Medical Board. I understand this issue very well and know that the relevant provision in the article is discretionary. I am proud to say that I was the first citizen to discuss this issue in 2008 and published by The Post (around August or September), when the then MMD Government were afraid to respond to Mr Sata when he harangued Mr Mwanawasa over his health. My statement was followed by the Minister of Justice confirming what I had propounded and Mr Rupiah Banda was then confirmed to act as President. I wrote from South Africa because I was concerned for the alarming press statements about the matter. Mr Chellah was then at The Post and is or ought to know about that statement which they have removed from The Post archives. Why do we refuse to learn from history?

b. “Non- Issue”: It is naïve of State House to trivialise the health of the President and classify it as a non-issue. How can a non-issue be found in the Republican Constitution as Article 36 under the unambiguous side title “Removal of President on Grounds of Incapacity”? The provision is there to remove speculation and guess work whenever the issue of the President’s health becomes or seems apparent. Setting up a Board does not automatically mean the President would be removed from office. It is a transparent way of establishing the capacity of the Head of State to carry out the onerous task of looking after 14 million people, all the people, not just a few hundred PF cadres.

c. Full Discretion: there is no such thing as ‘full discretion’, which is another phrase for absolute discretion. Mr Chellah’s lawyers have misled him. There is a fetter attached to every discretion and this is why it is possible to “impeach” a miscreant public official, including ministers. Mr Chellah should advise his State House lawyers to revert to Professor de Smith, one of the fundis on this aspect of the law. A discretion can be impugned for being an abuse or being capricious or disguised as legal or proper motives; the Cabinet’s inaction smells. When a cobra stops spitting it ceases to be a spitting cobra; and thus you have prima facie evidence that there is something wrong with it as it has lost its trade mark of spitting. We want to know what has happened to our President. The Preamble of the Republican Constitution has resolved “to uphold the values of democracy, TRANSPARENCY, ACCOUNTABILITY and GOOD GOVERNANCE”. How do you hide the President and call that transparency and good governance?

d. Impeachment: Mr Chellah should go back to his advisor to tell them that I have said if they are lawyers then they know no law. To impeach does not only refer to Article 36. But with regard to the Cabinet I never discussed Article 36. I am in full control of my faculties and do not write recklessly. Your interpretation of “impeach” is narrow. To impeach includes these meanings: to lay an accusation against someone; to charge someone with a crime or misdemeanour; to charge a public official, in an appropriate tribunal, with misconduct in office; to question whether an act is valid or proper. Perhaps those in the Ivory Tower of State House think there is no process to use to move this matter forward. It is possible to craft an action that effectively fulfils the dictates of Article 36. For instance I would move for a Declaratory Judgement or even commence the novel idea of a Writ of Habeas Corpus to compel Mr Chellah or whoever is detaining our President to produce him! LAZ is conspicuously absent.

e. Contempt: I understand the law of contempt better than Mr Chellah’s advisors. Intimidation is the hall mark of the Patriotic Front; they do not debate without intimidating or threatening. But this reaction is hollow and has no leg to stand on. I did not say anything that can qualify to be contempt. Just because a case is in court cannot mean that we cannot discuss even principles of particular laws. In that case then professors and lecturers in education institutions must stop teaching. In order to succeed with a contempt charge against me Chellah or his lawyers must show that I discussed the specific case that is active in court and show that what I said tended to prejudice the outcome of the case or disparaged the Court itself, by criticising in a manner tending to bring into ridicule the administration of justice. It is not any or every comment that is contempt of court. This mad rush for contempts of court must be curbed.

f. Chairing Cabinet Meetings: Chairing Cabinet meetings in front of cameras is unprecedented since Cabinet deliberations are held in private and records classified as SECRET. But since the President introduced it himself let us see him chairing and debating in a full Cabinet session to end all speculations.

Conclusion

There is a background to the speculations that abound. President Sata went to Israel, ostensibly on a “holiday with a tourism health package”. Long before this Vice President Dr Guy Scott, with tongue in cheek, attacked the Daily Nation in the National Assembly, accusing the vibrant paper of lying that President Sata was in a hospital. Later the Indian media revealed that the President was hospitalised and named the hospital in India. Dr Scott breached parliamentary privilege but got away with it because no MP had the guts to bring up the charges. It is this lying that can lead to impeachment of the Cabinet, but not under Article 36. I believe there are astitute lawyers who can make a case of this unnecessary merry-go-round.

Ba Chellah, MULEBELENGA NOKUMFWA!

GODFREY MIYANDA,
BRIGADIER GENERAL
[30TH AUGUST 2014]

78 COMMENTS

  1. Brig. Good advice to this boy. He doesn’t read and understand. Anyway what do you expect looking at his level of education. He really can’t comprehend.

    Brig. The time is coming when you and I shall have the last laugh. Let these PF cadres keep on hiding our president as if they are the ones who put him in that office.

    Like Mandela Used to tell the Boers “OUR TIME WILL COME”

    • Yayaya, chellah umwaice bamubela mu mano na matumbo yamonekela. Mfana chellah, dont mess with Brig. Gen Miyanda, paliba data. If i were you chellah, i would just keep quiet and let competent lawyers address issues raised by the general then respond based on their advice to you. Don’t think the mediocre responses which you give to some citizens work with all citizens. We are not children to be lied to, we know the president has not been well. And when in the future,after pf is done with, and you are taken to court for these lies and other things, then you start crying ati it is a witch hunt, koma you did it to your self.malibu yakuilombela aya mwaice!!!

      .

    • Love your writing Brig. Gen. Miyanda. Why don’t you connive with Mr. Sata so that the day he will decide to leave the office of President, supposedly end of 2021, he should call at night so that you become the next President?

      In 2001 i was in Kabwe then and i voted for you. You read and understand these matters well.

      By the way, the “Village Concept” is no more being propounded ka? I gather it is an idea of creating growth centres or nuclei or clusters where development projects can be targeted unlike the so many scattered villages we have all crying for a school, clinic and what have you. These villages keep coming up as people even move into gazetted forests which they force government to de-gazette and then demand all kinds of developmental assistance.

    • It is Mutembo who wrote that response to Brig. Gen Miyanda and Chellah merely apended his signature. So Gen Miyanda now Mutembo will not sleep to out do you, wait for his response.

    • Chella and and all former Post Employees should be flushed out as they have been feeding Bwinjimfumu with state secrets, something we should not allow to continue!
      This should be done in the interest of National Security!
      General is right to hit back just to put facts right!

    • CHELLAR GOT HIS EDUCATION ON THE SILVER PLATE. IT IS LIKE HE DOES NOT KNOW WHAT HE IS DOING FOR ZAMBIANS. HE LUCKS MERIT IN HIS VOCABULARY. ASUKA CHELLAR IFYAMANO NOT IFYAKUPONTA, EBUKOPO.

    • but moyanda enjoys pettines.what this former filth coup plotter is forgetting is that in life one has to move on, dwelling on old issues wont get the coup plotter into state house. to sound more logical and appeal to the chicken hearted’s emotions ,miyanda is now singing “the post this,mwanawasa that” . miyanda stop this back and forth rebattles, grow up treat us to something more developmental rather than you shading off your sinful past using little knowledge at law as cover

    • Zambia has intelligent people. The only missing ingredient is courage and selflessness.

      That article by the Special Assistant to the President, Press and Public Relations was so hollow. What does he think of Zambians?? Less than imbeciles? How one wishes the President would just come to our rescue and address us directly. We really miss the voice of our leader. Whatever is happening to him should be mammoth. Anyway, God’s time will surely come.

    • Facts General, Let this Post under 5 reporter, know his work. On what Grounds would Zambians be held at ransom by the Sata family and PF. The Presidency position is a public office which cannot be run by remote control. Let Sata Come out, people want to see him. Let him address the nation otherwise As Zambians we should demand his resignation. No hard feelings. The Man is sick and we should accept. Moreover, People will respect and sympathize with him more than what is happening. BA SATA TWAPAPATA. Step Down. You are Sick,Utupoto tulashala.

    • I was surprised by all the allulations to the all worthy writings and response of Brigadier General Miyanda. Just what else do you expect from a UNIP highly trained soldier worth his salt with a rich curriculum vitae culminating into a one time Vice President of the smart people of the Zambian Enterprise?

      I don’t know about you guys but one of the most interesting times in the history of the Zambian parliament was when the General was Leader of the House, the only such similitude could be contrasted to the Late Kebby Musokotwane (MHSRIP) tenure under UNIP.

      The House was alluring, vibrant, inquisitive, clairvoyant, intellectual and mesmeric to say the least. I personally looked forward to reading “Inside Parliament” at the time. The General schooled himself constitutionally then.

    • @ Tony blair (more like bugger??)

      You can hate on the Gen all u care, u have nothing on him. You just exposed your brain size… less than a pea. If the Gen can come froma a background as you have alluded to and become your Veep, surely shoud speak voulmes about his stature. There is no way chella or nchito can be in his league, believe that..

  2. Ba Sata should FIRE Chellah, he is so embarrassing, how can State House be lectured by Gen. Miyanda to such extent?
    State House should send a THANK YOU letter to Gen. Miyanda.
    Are diplomats reading these things?

    • @Nostradamus
      thats your president or ex-president Gen miyanda….. awe ine nalebelena nokumfwa!

      i just wonder how Gen miyanda will move forward without you my brother Nostradamus,,, since i hear you going to PF to takeover as publicity director from chanda mfula with immediate effect

    • @Ndobo, kekekekeke “With immediate Effect”, I only came to know that verse from Ba Sata… even the departure of Kabimba was with immediate effect, when a man was busy campaigning at a podium in Solwezi. Takwaba..
      Ifwe na Ba Gen we like to think through things, that why we are so strong in Press Release.
      I am not leaving, Zambia is my Heritage!!

    • Yes, diplomats are reading these writings, analysing them and sending briefs to their capitals. Just think of the opinions being formed about you and I as a people and Zambia as a nation.

  3. Brig Gen Miyanda always writes well researched articles. The moment I saw a response from George, I knew our dear General was going to give him a nice lecture! Well done General

  4. So George Chella still has a job at state house, with such levels of incompetence! Exactly how long was the contract that Sata signed with M’membe of the Post Newspaper to hire his incompetent journalists?? We can’t have the likes of Chella at state house…wait sarcasm loading…

  5. I have great respect for your articulation of issues, its just unfortunate that your party has always performed poorly. But i salute you. This boy Chellah is just trying to survive by uttering such no sense in response to your stated facts. Looking at what is happening in Zed, one has no doubt that MCS is not in his best health. You can run but you cant hide. If its power that PF is trying to cling to, let them know that no one but God shall rule forever. The time to learn and repeat is now.

    • Godfrey’s party has always performed badly because Zambians love empty noises. Just look at how HH, Dr Mutesa and Mr Milupi have struggledto catch the attention of Zambians. These fellas expounded great ideas but who had time to listen to them? We love noise and cheap slogans. Just think of how someone could praise Mr Chella’s empty response to Gen. Miyanda? But there was a MUSHOTA saying the article was great and that Chella had beaten Gen Miyanda hands down. That is our Zambia. So, yes, Gen. and many serious Zambians will continue to find it hard to get a following in this country.

    • @let me say this, (7.1): Mwilabepa abantu. What great things has HH ever said? You can’t compare Milupi, Mutesa, Chipimo to HH. All these others articulate issues but HH rides on redicule. School me plz. What great things has HH ever said? NADA!! He rose on the ‘only a Tonga’ bullshit, desecrated Mazoka’s intelligence and is supported by your likes. You & Chela deserve the Brig Gwen’s advice. (NB: Am not PF)

    • Iwe @let me say this. You are the goons who follow empty tins. What substance has HH ever spoken? Chipimo, Mutesa, Milupi have articulated what they wish to do for Zm. HH-Nada!!! The oaf came to us on the “only a Tonga” rubbish & proceeded to desecrate Mazoka’s principles and you shallow minds allulate. Rubbish!t!!

  6. This man is really intelligent no wonder he represent himself even the high court. His arguemnets makes so much sense that if he were writing an exam he would get a distinction and chellah a D.

    I think PF must work up as things are getting hot everyday. Where is state counsel Kachaso tujilijili GS Lungu?. Is he the legal advisor to Chellah.

  7. I would have thought Brig General was not going to waste time responding to that over-excited chap.
    The problem in Zambia right now is that the country has no leader thus creating a free-for-all scenario. Who is in charge, is it George Chellah, Chikwanda, Kambwili or the returning GBM? Zambians must rise and reclaim their country from this menacing new cartel.

    • @London Eye

      If the General ignored that hollow response, he would have been misunderstood and Chella would have thought he had won, just as MUSHOTA stated. How else will Zambians understand their own precarious situation if luminaries like Gen, were to keep quiet. No. Gen. spoke to indicate that there was still life in this darkness (no presidential voice and face to encourage us.) How I miss a voice of authority. We got used to KK, FTJ, LPM and RB refreshing us though Press conferences to address national issues and to discipline his Ministers et al and to reconcile Zambians!! There is no replacement for that to me. I am not on Facebook and I have no immediate intentions to be. I really looked FWDto Press Conferences our affectionate “COBRA”. Can you imagine how exciting!!!

  8. Respect a fool to avoid noise. Stupid General Miyanda wants to fight with an imbecil through the public. No wonder the wife gets bonkd in lodges.

  9. If the world has seen generals, Miyanda is indee a General who cannot be compared to a northern Rhodesia constable, rail sweeper and weed puffer in napkins.

  10. Chella you are so uneducated please give us a break, don’t compare your stupidness to us we are schooled very learned people not like you. So keep your foolishness to type.

  11. This lecture from the General exposes what type of presidential advisors we have at state house. Mad rush to public not well researched press statement. No wonder this country is in reverse. This article by the General should also shame LAZ.

    • Yes!! Data has George Chellah, Nevers has Lusambo while Hakainde has William Tekere Banda. Which one is the biggest foool? And: HH!!! Again. HH!!!!!!!!!

  12. The Brigadier General has taken the silly boy back to the classroom…another reason why you need a degree or MBA in Communication & Public Relations and years of experience in public relations at either corporate level or higher civil service level to work as a Presidential Spokesman…what we have in the name of the silly immature youngster George Chellah is laughable to say the least. He should also note that he is employed by GRZ and not PF head office.
    Chellah like his deadwood boss Old man Sata are both out of the depths in their roles.

  13. Brig. Gen. Miyanda always writes well, and comes out like a trained Lawyer. He should be a “Lawyer” somehow.

    George Chellah is just trying to do his job albeit conveniently and a little impolitely. You can do that to HH or Nevers Mumba but not to that educated soldier.

    If you are going to respond to Brig. Gen., do so like an educated PR officer befitting that supreme office of State House.

    • The General is well read and conducts his own research and utilizes his network before he tackles a particular topic….Silly young George Chellah has these facilities at his doorstep and on speed dial but he is a certificate level educated young boy they do not teach you how to carry out research or utilize such facilities at NIPA.

    • Please spare the simple news paper man, chellah. He knows very little other than rushing for his bag of insults or belittling ways of responding to real and serious issues. By the way the boy is not sure if he will still have the job by the end of the day.

  14. I CAN CONFIRM THAT SATA is not aware of the fate THAT BEFELLED WK ….THIS A BEMBA COUP AS ….CHIKWANDA AND HIS CRONIES ENGINEERED IT WITH SUPPORT FROM LUNGU ……..WATCH THIS SPACE AS SATA IS KILLED OFF SOON ….ZAMBIANS WAKE UP…….CONTACTED HIS DOCTOR AND HE TOGHTHER WITH HIS WIFE DR KASEBA HAS CONFIRMED THIS THAT SATA IS TOTALLY OBLIVIOUS OF THE GOING ON ………….

    • YOU ARE RIGHT @EASY PRICE,
      SOMEONE IS LOOSING MEMORY AND HOW CAN HE FIRE SOMEONE? I ALSO AGREE THAT WK WAS KICKED OFF BY SOME CLAN IN PF WHEN HE WAS BUSY DOING WHAT HE THOUGHT WAS HELPFUL.
      SHAKA WAS DRIBBLES AND SLAYED BY HIS OWN SO DO WE SEE PAMAKA IN ACTION, AND I HAVE COME TO BELIEVE THE SLOGAN OF “DON’T KUBEBA”, WK HAS BEEN PLAYED A GAME OF DON’T KUBEBA WHICH HE DID NOT KNOW. SOME CREATURES CAN USE YOU THINKING YOU ARE TOGETHER BUT WHEN THEY TURN COLLECTIVELY RED, YOU WILL INDEED RECEIVE THE RED CARD. ASK FRANK BWALYA WHO IS SENSITIVE WILL TELL YOU.

  15. I am glad there are people like General Miyanda who are keeping their eyes on the right things and not this rubbish of Kabimba’s firing. What a breath of fresh air. While many people are falling over each other in insulting Kabimba ( GBM, Lubinda as cases in point) Miyanda is asking the right questions of the whereabouts of the man we voted for to lead us. The country has been on auto pilot for more than three months and people are concerned about the firing of Kabimba, a PF cadre? C’mon people, don’t fall for this rubbish. Leave that to Komaki and Ngoma. Sata is trying to deviate attention. And I hope the Post do not leave him loose this time. These hired hooligans in the streets orchestrated by GBM should be controlled. I hope the opposition does not fall for this nonsense.

  16. As usual a well put together article by the General. If only Chellah wasn’t so childish and arrogant he could learn a lot. But unfortunately he obstinately refuses to see sense in what Miyanda wrote. It’s so embarrassing for a country to have such unprofessional and mediocre representatives. He reacts like a woman scorned to every constructive criticism.

  17. Much Ado About Nothing!

    19 September has been given as the date parliament will be opened by President Sata. So we wait…………..in the mean time:-
    Read humour……..very good for stress, anxiety etc.

    “Much Ado About Nothing is generally considered one of Shakespeare’s best comedies, because it combines elements of robust hilarity with more serious meditations on honor, shame, and court politics.”

    There are some parallels to our nations saga! Please dust down your old Literature books and read Shakespeare’s Much Ado about Nothing while we wait.

  18. I have said it before and I will say it again that BGGM is just about the only presidential material in Zambia right now, among all aspiring candidates. He carries himself in a matter befitting a president… and his writings and responses are always mature. Enough said!

    • @Maverick. Well spoken. I couldn’t have said it any better myself. Zambia desperately needs a person with a mature attitude and a credible ideology to take it to the next level. BGGM has these important attributes.

  19. To advise……..

    You can get free reading on online library (archive! ‘Dot’ org). They may have Much Ado About Nothing as a free PDF download.

    • What is wrong with that? My brother you are just one of the numerous hypocrites that we have on earth. Why do you bath and dress up in a certain way everyday? Don’t you wanna look good? For some looking good goes as far as dyeing their hair. Who sets the limits for looking good? No one so just shut up.

  20. Nganinebo Chellah apa I could just resign and hurry to find a school that could accept me in further education. CHAMUSEBANYA sana ichi!

  21. well said miyanda. however it’s pity the majority of zambians dont bother to follow such intelligent reasoning. they would rather follow mock coffins. and LAZ is really a let down. they are even dwarfed by individuals like macdonald chipenzi.

  22. I love this. “When a cobra stops spitting it ceases to be a spitting cobra; and thus you have prima facie evidence that there is something wrong with it as it has lost its trade mark of spitting. We want to know what has happened to our President”

  23. ….this is why people end up ‘jubilating’….celebrating when some one is fired….I can foresee similar scenario for Chellah to what happened to WK…..There is already an ‘inquiry’ to fish out who leaked info to the Post…..
    Embarrassing state hse like this….??

  24. I HAVE RESPECT FOR BRIG. GEN MIYANDA BECAUSE WHEN TALKS THERE IS SENSE BUT NOT CHELLA WHO TALKS WITHOUT REASONING. CHELA IS FORGETING THAT ALL ZAMBIANS ARE WAITING FOR THE PRESIDENT ON THE 19TH SEPTEMBER WHEN H.E. SATA WILL OPEN THE PARLIAMENT AND WE ARE ALL WAITING TO SEE THAT DAY WHEN WE WILL SEE HIM PHYSICALLY TALKING TO ALL ZAMBIANS.

    YOU MAY WONDER HOW KABIMBA HAS BEEN FIRED, WITHOUT SATA COMING IN OPEN. KABIMBA BAMUPITA PAMANO WITH A FORGED SIGNATURE. KING COBRA DOES NOT ACT IN SECRECY BUT IN PUBLIC.

  25. If anyone ever wondered how to debate and stick to issues, how to stick to the topic at hand, how to avoid degenerating into using profanity to address other people with opposing views even when they falsely accuse you of something, how to stand your ground, then look no further than Brigadier General Godfrey Miyanda. This is a response befitting of a President, hands down.

  26. BGen Miyanda did Law at UNZA but has never practiced. He sits all day in his study reading newspapers and sleeping in between. He has remained alone in his heritage party that ressuractes only during election because of the $100,000 grant every party that registers to participate receives. Ever wondered why the man gets 200 votes every election but keeps on participating? If he joins another party he will die of hunger for the man is so lazy.

  27. Great response Brigadier General Mayanda. Only that Chellah is a retard, if he was a sensible person he would think twice getting into an argument with General Miyanda. General Miyanda is not only smart, he is very knowledgeable and experienced about governance issues. No person in PF can equal him, even the whole PF cabinet put together cannot.

  28. I have heard of bush mechanics who have never stepped a foot in school but today I now know that there are also ‘Bush Lawyers’ ! PEople who know the law 100% yet they have never been in Law class ! Bravo Miyanda !!!!!!!!!

  29. BACHELA YES THIS IS SEBANA WIKUTE . FOR AS LONG AS SOME ONE IS EARNING A LIVING ,HE CAN SAY ANY RUSH AND SOME PEOPLE WOULD AGREE WITH HIM .IT WILL TAKE LONG FOR ZAMBIA TO DEVELOP BECAUSE WHAT EVER IS SAID BY THE OPPOSITION IS TAKEN AS USELESS. BUT WHAT EVER IS SAID BY PF IS IS THE BEST . GOD IS WATCHING

  30. am so shocked by how many cheap minded zambia has. is there anything to praise what this coup plotter has written, for. no wonder fred mmembe is so powerful in zambia coz desperate bloggers and politicians always run to him in there desperate times. miyanda has just started ,next ll HH, Neverlands.this ho miyanda is just playing go the gallery

  31. In a democracy the agenda, tone, pace or step is set by government. If the government sees it fit to rearrange the orchestra or to change the repertoire, it is necessary for members of the public to take that as a given. The governments know best from election day until election day. At election day, the voters exercise their right to elect favorite representatives. The spiting cobra does not need to spit in order for it to prove that it is a spiting cobra. Conditions for spiting must first be united. A live show is different from a film show because for a film show, a replay depends on the viewers whereas for live show, the actors can get get tired and decide to go for coffee break.

  32. I was surprised by allulations to all worthy writings and response of Brigadier General Miyanda. Just what else do you expect from a highly trained UNIP soldier worth his salt with a rich curriculum vitae culminating into a one time Vice President of the smart people of the Zambian Enterprise?

    I don’t know about you guys but one of the most interesting times in the history of the Zambian parliament was when the General was Leader of the House, the only such similitude could be contrasted to the Late Kebby Musokotwane (MHSRIP) tenure under UNIP.

    The House was alluring, vibrant, inquisitive, clairvoyant, intellectual and mesmeric. I personally looked forward to reading “Inside Parliament” at the time. The General schooled himself in matters constitutional during his tenure at…

    • Ba Rigo Star:

      I am sorry but I am not PF … I am the last man standing online in our beloved United National Independence Party (UNIP). I will go to my dieing grave a proud man as a UNIPist of the Neo-Con Order after nationalist agenda of One Zambia, One Nation!!!

      Because Zambia Is Greater Than Any Single One Of Us, I hope you get your facts straight about me. I am not into cadre politics like the majority of you guys around here. I know my history as a patriot and I want my Zambia back.

      Happy Labor Day weekend to you and thanks a trillion.

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