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Has Attorney General Musa Mwenye and Guy Scott Conducted A Coup D’état Going by Article 36 ?

Attorney General Musa Mwenye thanks Mr  Edgar Lungu after a Special Session Of Cabinet meeting   at Statehouse. Vice President Dr Guy Scott is  now the Acting President of the Zambia. Picture  by Eddie Mwanaleza/Statehouse 29th October 2014. [1]
Attorney General Musa Mwenye thanks Mr Edgar Lungu after a Special Session Of Cabinet meeting at Statehouse. Vice President Dr Guy Scott is now the Acting President of the Zambia. Picture by Eddie Mwanaleza/Statehouse 29th October 2014.

By Misheck Shulumanda, Zambia

Countrymen and women,

Following the issues raised by Brigadier General Geoffrey Miyanda regarding Vice President’s Guy Scott’s ineligibility for both Presidency and Vice Presidency, I also want to add that Article 34 dealing with the parentage clause has not been amended and as such it would be irregular that he would qualify just on the basis of the judgement in the Frederick Chiluba case. As the law stands, by fact, Dr. Scott is disqualified by the parentage clause.

I also want to add another dimension and contest that Hon. Edgar Lungu is still the Acting President of Zambia and can only cease to perform functions of the Presidency once the speaker has informed him of the President’s return or indeed to an elected President. It does not provide anywhere that Hon Lungu can handover to another Acting President but to a substantive one.

Zambians know that when the late President Michael Sata left the country for the United Kingdom, the nation was informed that he was going for medical check-ups. The implication of this would be that President Sata left the country under Article 39 (1) of the Constitution of the Republic of Zambia which deals with Discharge of functions of President during absence, illness etc.

Under this provision, the Acting President can only hand over the instruments of power upon the return of the President, or upon the election of a substantive President. It does not provide for anywhere that the instruments of power shall be handled to another Acting President and I challenge the Attorney General to provide a legal opinion on this matter. By practice, the letter of appointment to Act provides for a section giving the President the said powers or indeed where he is deriving that authority. But more importantly in this case, the President should indicate under which law he is appointing the Acting President.

Article 39 (1) (2) (3) reads as follows:

39. (1) Whenever the President is absent from Zambia or considers it desirable so to do by reason of illness or for any other cause, he may by direction in writing, authorize the Vice-President, or where the Vice-President is absent from Zambia or is incapable of discharging the functions of the office of President, any other person, to discharge such functions of the office of President as he may specify, and the Vice-President or such other person may discharge those functions until his authority is revoked by the President.
(2) If the President is incapable by reason of physical or mental infirmity of discharging the functions of his office and the infirmity is of such a nature that the President is unable to authorize another person under this Article to perform those functions-
(a) the Vice-President; or
(b) during any period when the Vice-President is absent from Zambia or is himself, by reason of physical or mental infirmity, unable to perform the functions of his office, such member of the Cabinet as the Cabinet shall elect; shall perform the functions of the office of the President: Provided that any person performing the functions of the office of President under this clause shall not dissolve the National Assembly nor, except on the advice of the Cabinet, revoke any appointment made by the President.
(3) Any person performing the functions of the office of President by virtue of clause (2) shall cease to perform those functions if he is notified by the Speaker that the President is about to resume those functions or if another person is elected as, and assumes the office of, President.

As a layman, I seek to ask the following questions:

1. If the President appointed Minister of Defense and Justice, and PF Secretary General Hon Edgar Lungu to act under Article 39 (1), on what basis did the Attorney General advice Cabinet that Dr. Guy Scott is the rightful person to Act?

2. Why did the Attorney General only rely on Article 38 which deals with vacancy in the office of the Presidency without addressing himself to Article 39 (1) under which Hon. Lungu should have been appointed since the President left the country for medical purposes?

3. Why is it that President Sata never allowed Vice President Guy Scott to act as President if not for the reasons that he was incapable to perform functions of the office of President? Why should he act now that he is dead?

4. Was President Sata on the wrong side of the law when he asked others to act even when the Vice President was verily available in the country?

I urge Cabinet to inform the nation on the status of this matter otherwise Zambians should consider what transpired today to be a coup which should force the Attorney General to step down and Guy Scott giving back the instruments of power to the rightful holder until a substantive President is elected. The courts must come in to provide interpretations of the law. If the President appointed Hon. Lungu to act under Article 39, I contest that Edgar Lungu still remains the Acting President until a substantive President is elected within 90 days.

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Comments Disabled To "Has Attorney General Musa Mwenye and Guy Scott Conducted A Coup D’état Going by Article 36 ?"

#1 Comment By Senior Citizen On October 30, 2014 @ 7:10 am

Watch the space as we stand up to reclaim our land. Time is up against revisionist. Liars and criminals no place in the new order we the people are going to institute no matter the schemes. Treason charges are coming. Constitutional brains get to work now as people power shapes the future.

#2 Comment By Senior Citizen On October 30, 2014 @ 7:17 am

Kapwepwe, Kamanga, Mundia, Mudenda, Dingiswayo, Kalulu, Chitambara, Nkumbula, Mulimba, and all fallen heroes must be turning with shame in their graves at this coup of revisionists. Africa twasebana 50 years after independence only to be shoved with this treasonous act.

#3 Comment By Nyau On October 30, 2014 @ 7:18 am

Senior boy, you remind me of the cold war. Your language makes it sound like we are back in the USSR and the KGB is breathing hell fire down our necks and we are supposed to repeat some mumbo jumbo commie propaganda. No ways old boy. This is 2014 Zambia.

#4 Comment By You and Me On October 30, 2014 @ 7:34 am

The citation of the Constitution are noted. Let us examine what actually happened. The President was fit and left the country invoking Article 39(1) of the Constitution except that in his wisdom the Vice President did not qualify to be appointed acting President even though he was fit and in the country. Before he could return, to revoke the the Authority of the Appointee and resume his presidency he dies: so his unable to do so. So the President is incapacitated and the Vice President was disqualified. Cabinet takes over and makes an appointment and appoints the VP who was initially disqualified. Mayhem is it not? I hope the proposed constitution will be better than this one.

#5 Comment By Voice of Reason On October 30, 2014 @ 7:42 am

This type of alarmist writing is very dangerous to our society! Coupe de tat??

You have the constitutional articles that you’re quoting and yet even me a layman I fail to see your logic. Clause (1) which the president drew power from to appoint someone to act other than the vice president is not linked to Clause (2) or clause (3).

The scenario you have presented in clause (3) refers directly and only to clause (2). Meaning if it were the case that the president could not himself appoint someone and the vice could also not act for whatever reason, then it comes into play and hence the need for the speaker to notify said actor of the return of the president.

How is Lungu still acting? Clause (2) clearly states vice will act

#6 Comment By ine wine On October 30, 2014 @ 8:51 am

You are here: Home / 2012 / January / 14 / Guy Scott qualifies to act as President of Zambia-LAZ
Guy Scott qualifies to act as President of Zambia-LAZ
Time Posted: January 14, 2012 7:43 am
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8,603 views | 45 Comments | Email This Post | Print This Post |
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VICE-PRESIDENT Guy Scott
THE Law Association of Zambia (LAZ) has said Dr Guy Scott does not only qualify to be Vice-President but in fact qualifies to act as President of Zambia in the absence of Mr Sata.
This has been disclosed by LAZ honorary secretary Paulman Chungu in a statement issued in Lusaka yesterday.
“Our position is that Dr Guy Scott is perfectly qualified to be Vice-President and in the absence of the President, for whatever…

#7 Comment By Warlord On October 30, 2014 @ 9:33 am

Dr Guy Scott is acting president. My understanding is that he will be doing the job of president of the Republic for the next 90 less 1 days.
His parents like most of us were born elsewhere i.e. Northern Rhodesia Scotland or Barotseland since there was NO such legal entity called Zambia prior to midnight October 23, 1963. You people who pretend to understand law are just trying to mislead us. Scott is as Zambian as anyone. If he does not qualify to be elected, it must be on some other issue e.g economy, mental or some such thing the voters may decide on. The issue of his parentage and all that is simply a red herring and MUST be dismissed with ALL the contempt it deserves. I am neither PF nor an affiliate to any party but I’m fed up with pretenders.

#8 Comment By Nostradamus On October 30, 2014 @ 9:42 am

Misheck Shulumanda should be arrested today.
Why in-sighting citizens? And don’t blindly follow Miyanda, he will protect himself.
And the Edgar he is “fighting” for is defense minister, he should make sure these people like Misheck are arrested and only be released after elections in 90 days.

#9 Comment By it’s a worry On October 30, 2014 @ 10:16 am

@Warlord 1.6
As much as you are right that those born before Oct 1964, don’t mislead us that everyone automatically became Zambian by virtue of being present at independence. Those with nationalities such as British had the option to retain their nationality or take the opportunity to become Zambian. Many opted to pack up and leave. So if Scott’s parents didn’t change, then Scot does not qualify.
@voice of reason
How do you separate cause 39(1) from the rest of 39? The senario we are in here because Sata, as far as we know, appointed Lungu before he left relying on article 39(1). Which means 39(2)(a) is redundant since we already had a Acting President meaning we are now relying on 39(2)(b). If that is correct then 39(3) only allows Edgar Lungu to hand over power to a President not…

#10 Comment By #Kudos! On October 30, 2014 @ 10:57 am

I’m surprised by Nostradamus @1.7. For the first time you’ve shown a semblance to a human being capable of thinking. Good man.

#11 Comment By It’s a worry On October 30, 2014 @ 11:54 am

People are still hung up about the issue of whether Guy Scott qualifies to Act as President or not instead of who receives the Presidential powers from an Acting President. In this case who should Edgar Lungu hand power to? Article 39 of the Zambian constitution deals with this issue and it is very clear at 39(3) that anybody Acting as President (either the substantive Vice President or anybody appointed to Act) can only hand over power to a President (either on the return of the substantive President or upon electing a new President). The Consititution does not state anywhere that a Acting President can give power to anybody else (not even the Vice president) other than “A President” (Sitting or newly elected). Guy Scott received the Presidential Powers illigally.

#12 Comment By Msana Wanzili On October 30, 2014 @ 1:08 pm

Get over it people Scot will be acting for only 90 days then we’ll have an elected President. Too many intelligent people around this place. For three years he’s been Vice President you’ve been quiet, why didn’t you pressurize Sata to drop him.
Screw all this legal nonsense for now what we need right now is stability in the country, we risk unsettling the markets and at worst plunge the country in all sorts of nonsense.
Let it rest people, let it rest. Legally or not, Lawyer Mr Lungu just yesterday handed over the instruments to Scot without much drama and already you legal professors are suggesting Scot hands back, what do you think we are? a circus? There are 101 legal interpretations on this issue. Get on with it.

#13 Comment By W On October 30, 2014 @ 2:38 pm

ANYONE WITH THE NAME “MWENYE” CANNOT BE TRUSTED – WHATEVER THEIR RACE!!! EVEN IN THE PIC ABOVE, THIS MUSA GUY LOOKS SO CROOKED!!!! I THINK HE JUST CAME INTO THIS MEETING STRAIGHT FROM MMEMBE’S OFFICE….

#14 Comment By B R Mumba, Sr On October 31, 2014 @ 12:35 am

The writer and Senior Citizen are one and the same! By using Article 39 he intends to utilize a straw man’s fallacy to as to confuse the masses. Senior Citizen here has no changed his ways, once a confusionist always a confusionist.

Just when are you going to understand that all your scheming has always proven futile. When are you ever going to be remorseful having destroyed so many lives? The smart people of the Zambian Enterprise are way ahead of your useless moves.

Listen, Zambians are way too smart and we fully understand that Zambia is greater than any single one of us. Former Acting President Lungu gets it too. In fact Lungu made a smart move to pass on the instruments of power that way he can attain it during the elections.

The presidency is his to get if he so wishes.

#15 Comment By B R Mumba, Sr On October 31, 2014 @ 12:50 am

Senior Citizen:

Lungu is way too smart for you, so let me itemize a few things for you here.

1. Lungu does not need to prove his leadership qualities thus his capacity to be president. By simply presiding over the Golden Jubilee at short notice and yet do it with such grace and skill, he has already won many hearts.

2. By handing over power to a sitting VP, he has shown that he’s not power hungry! It also means that unlike you, he’s level headed and can operate which the system for the common good.

3. It goes to show that he is not only capable of being a team player, he is an effective leader whose decisions can be trusted when it comes to making the right call on behalf of the masses.

4. It shows that he knows that the presidency is an institution and not an individual.

#16 Comment By The Condor On November 1, 2014 @ 9:22 am

If all we needed was a bunch of unlearned laymen to interpret the law for us, then you have to feel tragically sorry for all those who have wasted their lives by going to Law School …

#17 Comment By me On October 30, 2014 @ 7:15 am

I’m not a law person but thus behavior of misinterpreting the constitution to suit personal desires is fooolish and can cause chaos. GS was sworn in as VA and the constitution allows him to act as president. Why not read article 38? Kenofye awe, let’s also read article fimo fimo. We’re just making a fool of ourselves. Chilubas parents were from ituri, did you talk?

#18 Comment By PM On October 30, 2014 @ 8:52 am

Stop all this nonsnse of trying to be clever over a constitution which is derived from the whiteman’s mechanisms to perpetually enslave you. Call a spade a spade, we cant have a whiteman whether born in Zambia or Timbukuti to rule us again even if for 90 days only. It is a great shame indeed and I am failing to hold my head up here in South Africa. I know some of you are thinking I am a racist, ofcourse yes, but who brought racism. To hell with the constitution which you cant even draft unless you get donor funding…..Scot cant in all senses by Acting President of the Republic of Zambia, just a few days after you recognized individuals who sacrificed so much to liberate us from these Maboonu,Nsamya…My heart is sore

#19 Comment By Aleshaday On October 30, 2014 @ 9:42 am

@ PM

Self confessed racist like you do not have place in to day Africa.
As to your heart which “is sore” (!?!) , you must be first racist with one.

#20 Comment By nine On October 30, 2014 @ 12:08 pm

PM: African political liberation has been achieved by patriots that can not be justifiably categorised by race, whether in Africa, the US or elsewhere. Many liberators of Zambia, RSA, USA, etc are unsung non black heroes who sacrificed incredibly for our cause. KK has describe for us what we are and who we are as a people: A people that love our neighbours as ourselves, regardless of race, colour, tribe, ethnicity. We are a people that love our Creator with all our soul, strength and minds. It’s unfortunate GS’s citizenship and sacrificial contributions for Zambia are being questioned by divisive elements! Need I add that having GS at the helm is actually great for our economy, especially tourism 🙂 Just look at how much media we’re getting! Long live blessed Zambia!

#21 Comment By B R Mumba, Sr On October 31, 2014 @ 1:14 am

PM:

I feel very sorry for you not because of your racism I can tolerate that, but because of your ignorance and lack of historical perspective. You have no clue who Guy Scott’s parents were! They fought colonialism along side Africans, his dad ran the African Mail the precursor of present day Zambian Daily Mail.

The paper fought British propaganda at the time giving it it’s motto “Without Fear Or Favor” which it still carries today. Guy Scott had a chance to remain in the UK after graduating from Cambridge, he came home to Zambia to contribute towards national development.

Under MMD he single-handed saved Zambia from starvation when he was Minister of Agriculture. The entire region suffered draughts, it was Scott’s leadership that made sure you had food on your table. I can…

#22 Comment By B R Mumba, Sr. On October 31, 2014 @ 2:05 am

Continued … your kind reminds me of several blacks in America who are bent on retribution for slavery not knowing that during the Battle of Gettysburg, 157,289 whites fought each other killing 51,112 of their fellows just to help liberate the south from slavery.

They were Unionists from the north fighting with Confederates (Slave Owners) in the south all because the south did not want to fully implement the Emancipation Proclamation signed by Abraham Lincoln.

And yet to some blacks, every white man is bad forgetting Unionist from the north died wanting them to be free. Guy Scott’s parents and several other whites like Simon Zucas, etc. fought with us for our now cherished independence, “Without Fear of retribution or Favor of fellow whites”.

Get the grip?!!!!

#23 Comment By Danger Zone On October 30, 2014 @ 7:22 am

Bane let us continue mourning.

#24 Comment By St Mary Magadalena On October 30, 2014 @ 7:25 am

Those who still buy the post newspaper are the ones to blame, my brother

#25 Comment By St. Jude On October 30, 2014 @ 7:26 am

I’m relieved to realize that the writer of the article is actually a layman and it is obvious that he does not understand fully the law he has quoted. Let him re-look at the law he has quoted above and examine Article 39(2), paragraphs (a) and (b) and he will realize that the law constitutionally allows the VP to act in the absence of the president. Under the current circumstances, the Speaker of the National assembly has no role to play because the president is not returning. Simple logic. Please understand that Guy Scott is constitutionally in office, and no law bars him per se. However, it’s a known fact that he cannot contest the presidency under the current constitution.

#26 Comment By Vizungu On October 30, 2014 @ 8:33 am

@St. Jude, thank you. I am still wondering why people can not understand the simple logic as you have put it, with the Constitutional clauses they are quoting right in front of their noses.
Worse, a former Vice-President of the nation also lamentably fails to see this simple logic and entangles himself by linking clauses that are ‘mutually exclusive’ and thereby makes wrong inferences!
President Sata never explained why he did not allow Guy Scott to act and it is wrong to conclude that he was correcting a ‘wrong’ he had made by appointing Scott as VP.
He would have disappointed Scott if that were so.
By the way, I am also a lay man.

#27 Comment By ine wine On October 30, 2014 @ 8:48 am

actually Guy Scott qualifies to be president let alone acting president. in zambia we tend to react by setting precendencies that come to haunt us when time comes. do you know that LAZ spoke about this issue in 2012 that GS qualifies to act and be president? do you know that in the judgement for Chiluba vs the people, it was ruled that there was no zambia before midnight 24th October 1964 and therefore whoever was on zambian soil on that day qualified to be zambian and therefore run for presidency?

#28 Comment By CAS On October 30, 2014 @ 7:30 am

Iwe Misheck, you have seriously misled yourself by ignoring the way law is administered. If you have heard of CASE LAW, that comes from previous Court rulings and becomes law. You do not need to change anything but whatever the High Court or Supreme Court decides becomes law. The decision in Chilubas’ parantage case has become precedence and therefore is a guide into all such future cases.

#29 Comment By You and Me On October 30, 2014 @ 7:31 am

The citation of the Constitution are noted. Let us examine what actually happened. The President was fit and left the country invoking Article 39(1) of the Constitution except that in his wisdom the Vice President did not qualify to be appointed acting President even though he was fit and in the country. Before he could return, to revoke the the Authority of the Appointee and resume his presidency he dies: so his unable to do so. So the President is incapacitated and the Vice President was disqualified. Cabinet takes over and makes an appointment and appoints the VP who was initially disqualified. Mayhem is it not? I hope the proposed constitution will be better than this one.

#30 Comment By Vizungu On October 30, 2014 @ 8:50 am

@You and Me, what was the Vice President disqualified from…?

If you mean from acting as President then you are misleading yourself. Please cite which clause in the Constitution bars the Vice President from acting as President.

(‘..in his wisdom..’ is not a Constitutional clause..!)

#31 Comment By Loguta On October 30, 2014 @ 7:38 am

I find it odd that it had to take an intrerested party ( Guy Scott) to annouce his own appointment [allegedly by cabinet] as ‘Acting President’. This act smirks of imposition. Where is the spokesperson to clear the air?

Cabinet sat and appointed someone by vote and if that was the case it should be made amply clear via spokesperson, a representive of cabinet, not the appointed person. Why should there mist over this straight forward matter? Unless something fishy is going on. PF I don’t know.

#32 Comment By OneZambiaOneNationEveryday OZONE On October 30, 2014 @ 7:40 am

The article is clear and straight forward. The vice president is there and is capable to lead. The parentage clause does not apply to Scott in an acting capacity since he is not been elected for presidency.
The irony of the issues are that people must be vigilant and address the constitutional lapses to avoid something worse happening in the future

#33 Comment By Moscow(Op) On October 30, 2014 @ 7:49 am

We have useless laws in this country.Nothing is clear in the constitution.This is why even RTSA have powers to impound the vehicle and keep the car while there case is at court.It’s terrible in this country.People are too selfish.Yaba Zambia will never develop coz we think we can’t die.We should not have been in this crisis if we learnt a lesson when Mwasanawasa died.Malawi immediately changed the constitution but Kabimba and His cartel wanted to take over coz they knew very well that Sata wouldn’t survive 4 a long time.I’ve never seen such injustice .Let us even thank God coz he gave us time to think and act.We can’t blame Him coz we knew very well that anything is possible to the president.Now scott takes over?oweeeeee cartel will be back n scott seems to be puppet 2 them.U can die…

#34 Comment By Kalok On October 30, 2014 @ 7:55 am

In fact Guy Scott can even contest the presidency! Why are we trying to isolate clauses and work up emotions for nothing? Do you not remember the ruling of the Supreme Court in the CHILUBA PARENTAGE case?? Why don’t you drag that ruling into your discussion and then discuss your coup d’etat as you choose to ignorantly call it! Bigotry has no bigger demonstration than this actually. Drag the learned judges back to chambers instead of wasting our time here! The prime question here is WAS THERE A ZAMBIA BEFORE 1964? This clause is not retroactive. It kicks in on the born-frees by that very ruling of the Supreme court! GO AND READ!!!!

#35 Comment By Chitapi On October 30, 2014 @ 7:57 am

Bembas must behave and stop making a.r.s.e.s of themselves. When Kabimba was still in office that is what you used to do every day. When Kabimba was left to act you kept on making noises every day. When chikwanda acted apparently there was no problem. Now, it is guy scott you are making noises about…just because guy scott is not bemba. This country is headed for a split so that each tribe can run its country the way it wants. We are not fools. Tizamba kumenyana manje-manje ngati mufuna. What is the problem with you bembas kansi? This country will go into civil war very soon. There is no tribe that is so greedy as you chaps. Even presidency you keep making the same s.t.u.p.i.d noises when it is another tribe vying for presidency, but when it is a bemba you support. Just wait…

#36 Comment By Kalok On October 30, 2014 @ 8:42 am

Iwe @Chitapi, yenda ukamenyane natuviwanda twako kusanga kutali! I doubt many people are really appetizing for the bigotry you are trying to peddle here. Let’s discuss the article and the spirit of the law maturely.

#37 Comment By St. Jude On October 30, 2014 @ 1:06 pm

@Chitapi
You may be joking, but such jokes are unwelcome. If you mean what you say, then you are seriously mentally deranged!

#38 Comment By Nyau On October 30, 2014 @ 7:59 am

There are only two possibilities and I will not accept any other.

1. Sata and his entire team are total *****s.

OR

2. Guy is perfectly qualified to be acting president and elected president.

Otherwise Sata should never have appointed Guy as his vice president and kept him for an entire 3 years.

#39 Comment By Thrash Metal On October 30, 2014 @ 8:04 am

The simple fact of the matter is late President NEVER in is short tenure of office allow Scott to act as President. Why should the man be made to act now that the Head of State is no more?

#40 Comment By Chitapi On October 30, 2014 @ 8:10 am

Even you MICHAEL SHULUMANDA, please don’t use this article to try and organise other tribes to support your bemba s.t.u.p.i.d.i.t.y. Or may you should titled your daft article FELLOW BEMBAS not FELLOW COUNTRYMEN & WOMEN….
You bembas must check your selfishness ngati mufuna Zambia kuti ipitilize…otherwise civil problems will start in this country. We will not let you twist the ruling of our country away from the national constitution just because it doesn’t suit you. Kapena when you have your own country you can run it the way you want since you bembas are known to steal even from your own selves. We are fed up with your selfishness, naturally low IQ, loudness, thieving. Na Sata wanu muzamulila mweka, don’t think that other tribes are i.d.i.o.t.s to be patriotic.

#41 Comment By Haleisa Halelanda On October 30, 2014 @ 9:33 am

Are you ok my brother?

#42 Comment By Kalok On October 30, 2014 @ 12:32 pm

He is in England experiencing freshly baked bigotry and he thinks Zambia is the same. Cifundo ine mweoooo…..

#43 Comment By Nyau On October 30, 2014 @ 8:12 am

The simple fact of the matter is that per Zambian constitution itself, the Vice presidency was created so that the woman/man in that position can step in if the president somehow kicks the bucket, etc, etc, etc. Sata was not so stupid as not to understand that piece of important detail. And he [Sata] consciously chose to choose Guy as his wing-man and kept him in that position until his dying day. Unless you can tell me some covert and dubious reason why Sata would do something like that, there is no reason why Guy should not do exactly what his position entails.

#44 Comment By PF Leader On October 30, 2014 @ 8:20 am

The author of this article should direct his observation to the right people. What in heaven’s sake do you think LT or its readership are going to do about your observation? As usual they will just insult and pass useless comments. I hope you have directly written to LAZ and other such bodies to contest the appointment of Guy Scott. Just thinking…

#45 Comment By Judgement day On October 30, 2014 @ 8:22 am

All those aggrieved can go to COURT and face Chibesa Kunda!!! You can do this by way of an injuction.

#46 Comment By walaza mwamba On October 30, 2014 @ 8:22 am

i want to differ with the writter of the above article. firstly dont bring in Article 36 coz it has nothing to do with whats currently happening. scott could not act as president under Article 39 becouse he was incapable of performing presidential functions which could only be performed by a person capable of becoming president. and under 39 president must be absent from zambia not dead. 38 talkes about vaccancy and the disqualification of vice president envisaged by 38 is physical incapacity only. the moment there was a vaccancy due to death we move from article 39 to38…scott cant however stand as president

#47 Comment By Chitapi On October 30, 2014 @ 8:24 am

This country is NOT ruled on the basis of Sata’s law. This country has laws. If PF want Edgar Lungu to be president you can have him as president of PF, but the president of the Republic of Zambia right now is Guy Scott according to the constitution of the Republic of Zambia. Sata is dead. We are not going to continue running this country based on his lawlessness and tribalism. You are not doing the dead man a favour by causing this chaos, let him rest in dignity…although when he was alive he never cared about being dignified. People should know that there is a difference between PF constitution and Zambian Constitution. The Constitution of Zambia has order…keep your disorder to PF…and by the way, you are about to pack up out of government, you naturally dull monkeys!

#48 Comment By ISOLATED On October 30, 2014 @ 10:44 am

You will be shocked and it will be a bitter leason you will learn years to come.With that kind of bitterness,who in his/her normal sense should allow you(tribe) to rule?God forbid.Just come back to earth, and let alone if you can’t bit them join them.Have a life.

#49 Comment By Rigoe Sanchez On October 30, 2014 @ 10:58 am

Out of the abundance of the heart, the mouth speaks: What ever Bemba’s did to you must be hurting; calm down no one lives on earth for more than 150 years. Avoid generalisation; there are many Bemba speaking people that are fully behind GS; the fact that the author has a different view does not imply bemba hegemony over the opinions on this issue. Take it easy mate!

#50 Comment By yamba On October 30, 2014 @ 8:25 am

Kelvin Hangandu is the only brave and principled lawyer who can challenge this if indeed it is wrong. Kelvin…….please help us.

#51 Comment By PWI On October 30, 2014 @ 8:32 am

Mushota has ceased to be the number one blogger, is she dead as well? RIP charles mwango katongo chilufya sata

#52 Comment By Kalok On October 30, 2014 @ 8:45 am

The interpretation of the Constitution is the preserve of the Supreme Court whenever anyone is aggrieved. Those of the Shulumanda fame must now go further and climb those steps with their petition. You have a good 90 days at your disposal. There is politics and law here; you must separate them…

#53 Comment By Moscow(Op) On October 30, 2014 @ 8:46 am

@CHITAPI
Don’t insult innocent people.No wonder U’ll never rule coz of bitterness.We know where u belong. .Don’t u know that bemba speaking people cover five provinces?U’re very dull in yo thinking.let us wait 4 three months n u’ll see who takes over(President Edger Lungu) will be in charge.U’ll be defeated again and yo end will come.Be a leader and stop insulting tribes here.Nowonder u fail to make it coz of hatred against bembas.

#54 Comment By Chitapi On October 30, 2014 @ 9:03 am

@ Moscow(Op)

Keep self-pleasuring yourself. 90 days is not too far. Sata fought for 10 years before he made it; if Bembas are so many why did’t he win just the first time. STOP telling lies, some of us our jobs include studying the politics of Zambia using statistics so we know what the actual numbers are. There is no 5 provinces where the Bembas are covering. Bembas are in 2 main provinces, and then in 2 others where people speak mainly bemba, whether they are bemba or not. Anyway, just wait for February. The fact still remains, you are the dullest people around. You have even messed up an economy that was vibrant before you took over. In fact Edgar Lungu wouldn’t be too bad since he is not from your province. What I don’t want is to have another tribal monkey in that office.

#55 Comment By Rigoe Sanchez On October 30, 2014 @ 11:04 am

“some of us our job is studying politics”; Kikikiki, there lies the problem. So you will make sure that your “single vote” can stop a “tribal monkey” to get to state house? Laughable indeed; but good you are able to get some stress out of the chest. Have a blessed day.

#56 Comment By Chitapi On October 30, 2014 @ 11:24 am

@ Rigoe Sanchez

Don’t laugh at me. I’m very serious in what I say and I don’t say things to get them out of my chest….only when it is personal. This is not personal, this just about our country that belongs to everybody, I don’t have to kill myself pumping up my chest over it. But I should be able to criticise what I see as wrong. I don’t know what you stand for in life, I stand for whatever is right because that is what makes me feel good. If you stand for things that are horribly wrong that is also your tight, but then don’t laugh at me because I’m not laughing at your ridiculous opinions.

Finally, when finally the presidential by-election vote-counting begins and the numbers are tight my single vote will be very valuable. Wait, it’s only 90 days from now!

#57 Comment By KATONGO NSAMBE On October 30, 2014 @ 8:47 am

FROM QLL THESE ARTICLES IT IS TRUE THAT EDGAR LUNGU IS STILL ACTING PRESIDENT NOT GUY SCOTT.

#58 Comment By selfexpression On October 30, 2014 @ 8:53 am

COULD WE JUST FOCUS ON MOURNING AND NOT PERSONAL GRIEVANCES OF SUCCESSION.
WE WILL VOTE SOON SO WHATS THE BIG ISSUE.
GUY SCOTT QUALIFIES BY LAW TO ACT AND THERE IS NOTHING THAT BARS HIM FROM ACTING. HOWEVER HE CANNOT STAND FOR ELECTIONS. IS THAT SO HARD TO UNDERSTAND

#59 Comment By Evaristo On October 30, 2014 @ 8:59 am

the author of this story is misdirecting himself and is falling to interpret the the article correcting. the decision by cabinet and the advice of attorney general was right. it is only the vice present who can act in this manner. The quoted article is self explaining and no need of interpretation . it says 39. (1) Whenever the President is absent from Zambia or considers it desirable so to do by reason of illness or for any other cause, he may by direction in writing, authorize the Vice-President, or where the Vice-President is absent from Zambia or is incapable of discharging the functions of the office of President,

#60 Comment By Hassad On October 30, 2014 @ 9:06 am

Ladies and gentlemen, let’s not confuse ourselves and unnecessarily alarm the nation. One thing is clear, we have a leader, Dr. Guy Scott, service chiefs have already saluted him acknowledging the transfer of power from Mr. Edgar Lungu whom i must confess, i admire a lot for his respect for the rule of law. Clause 2 is very helpful indeed, i’m glad you brought it up Misheck. Both parts of this clause have been satisfied in this case. Part (a) points to the Veep taking over, part (b) Cabinet meet and selected Dr. Guy Scott, it’s not like Mr. Edgar Lungu just woke up and handed over the instruments of power to the Vice President.

#61 Comment By mamen On October 30, 2014 @ 9:11 am

This is PF for you. There is confusion at every stage of their lives even in death. Twapapata. How I wish this could be the end of PF.

#62 Comment By ine wine On October 30, 2014 @ 9:14 am

Lewanika and Others v Chiluba (1998): The most significant court ruling in Zambia
It all started in 1996 when President Frederick Jacob Titus Chiluba (FJT) and his MMD government bigwigs, Miyanda and Sata, hatched a clever plan to prevent Kenneth Kaunda (KK) from contesting the 1996 elections. I must note here that Miyanda denies such characterization. Nevertheless, their plan involved an amendment to the constitution to restrict the presidency only to those whose father and mother were “Zambian by birth or descent”. KK complained that this constitutional provision was unfair and was aimed at stopping him. Apparently, KK’s star was rising again after the 1991 bruising defeat. “Mu cipyu”, KK boycotted the elections and urged his UNIP party to do the same. The boycott came as Chiluba’s…

#63 Comment By Mzee Hekima On October 30, 2014 @ 9:15 am

Laws made by men and women are always biased and bias men and women will interpret them. That is why a lower court will convict you and the supreme court acquit you using the same law. Its mortal men and women interpreting the law.

#64 Comment By mwanuke ka sambelwa… On October 30, 2014 @ 9:24 am

The Supreme Court…ruled that even if Chiluba’s father were a Zairian or a Mozambican; Chiluba would still satisfy the constitutional requirement of having parents being “Zambian by birth or descent”… First, the Supreme Court erected a wall of citizenship and held that the republic of Zambia was actually created on 24 October 1964. Having been so created on this date, those who were ordinarily resident in Zambia on this day became citizens of Zambia. For such people, there is no need to inquire into the citizenship of their parentage, as none of their parents would qualify as “Zambians” because there was no nation called “Zambia” before that. Second, the Supreme Court ruled that the requirement for “Zambian citizenship” might make sense later in the history of Zambia……

#65 Comment By mwanuke ka sambelwa… On October 30, 2014 @ 9:31 am

So judge for yourself, it makes me wonder why people are making a big deal with Guy Scott’s parentage as this is not the first time Zambia is faced with such issues. Just because he is white it shouldn’t grant us the reason to use article 34 on him alone.

#66 Comment By martin On October 30, 2014 @ 9:33 am

Dont just write things because you want to write. Zambia have had this situation before. Please read widely. When Levy died, George Mpombo was acting pesident, and he had to step down accordingly. Stop talking and try to show you know more. Lets mourn and Vote for who you want in 90days

#67 Comment By Baboss On October 30, 2014 @ 10:11 am

people have already started hating… since you people claim pf to be a party for Bembas you where really wishing the powers of the president to go to a bemba. to make your claims right now that,now thats not the case you have tried to direct the attention to something hat will devide the nation… please we are one Zambia One Nation. You should all remember what our fathers, grandfathers fought for. which was independence, whats the problem if Guy Scot acts as president for 90 days.. for your own information is more of a Zambian than most of us who only seek to condemn rather than focusing or doing something about the things that bring development.

#68 Comment By hamuntu On October 30, 2014 @ 5:50 pm

Iam a bemba, and the general feeling is that, we should put any one rather than a Bemba, then PF has greater chance of wining (even a Tonga PF, off course not arrogant Kabimba ). Then after 10years, we will have another Bemba President in the name of Chipimo.

#69 Comment By SINKAMBA WISDOM On October 30, 2014 @ 10:20 am

THE GOODNESS OF LAW IS THAT EVEN LAWYERS CAN ARGUE OVER A COMA [ , ] FOR A YEAR
YOU SEE THE ISSUE OF GS IS GOING TO BRUISE ZAMBIANS AND PF WILL BE BRUISED MORE. OUR LATE PRESIDENT M.C.S [ MHSRIP ] NEVER ALLOWED GS TO ACT. SUDDENLY WHAT HAS CHANGED NOW? THAT THE PRESIDENT IS DEAD , GS NOW QUALIFIES TO SUPERINTEND AS ACTING PRESIDENT. MORALLY THIS IS WRONG. WE SHOULD STOP INSULTING THE INTELLIGENCE OF OUR DEPARTED PRESIDENT. THIS IS ONE ISSUE I RAISED LONG TIME A GO THROUGH SAME PRINT MEDIA THAT PF IS GOING TO HAVE ROUGH TIME IF THEY CANT SORT OUT THE VP ISSUE ON TIME. NOW IN THIS CRISIS IF WE HAD A VP WHO WAS LEGALLY ELIGIBLE TO TAKE OVER. PEOPLE SHOULD BE NOT WORRIED BY NOW. NOW WE ARE WORRIED BECAUSE THE LAW IS ABOUT TO BE MISAPPLIED FOR I KNOW HOW LAWYERS CAN OFFER DIFFERENT…

#70 Comment By Warrior On October 30, 2014 @ 10:27 am

Zambia REverts to whiterule – ask Kk 50 years on ! He must have the last word

#71 Comment By Mich On October 30, 2014 @ 10:34 am

Not everything you are learn at school is applicable in practice. You too practical to function in the 21st century. I am happy that he is act, he is Zambia that enough with parents are from Scotland or Chipata!

#72 Comment By amocha On October 30, 2014 @ 10:49 am

The constitution should be intepreted in the context of the fact that late Sata did not want Guy Scot to Act. Secondly, Edgar Lungu was left with the instruments of power and does Cabinet have the authority to revoke such powers? Given that Sata was outside Zambia and not at State House, this has implications on how to inteprete the constitution. if sata died in State House, Guy Scot would have just taken over, simple and straightforward.

#73 Comment By Chitapi On October 30, 2014 @ 11:06 am

@ AMOCHA

Immediately Sata died his decisions became irrelevant to the living country. Fact of life. Go and read the constitution not rushing to comment before research – you probably have never even seen the constitution in your life. Edgar Lungu was simply delegated to act while Sata was still alive and had just gone somehwere; Guy Scott is delegated by the REPUBLICAN CONSTITUTION when THE PRESIDENT (who happens to be Sata) is DEAD. Which part are you people finding difficult to understand????? SATA WAS NOT THE CONSTITUTION OF ZAMBIA…!!! May be the PF in their own little party constitution they still want to carry out Sata’s orders, but PF constitution is NOT Zambian constitution because Zambia has a national constitution that applies to everybody not just PF.

#74 Comment By kanyankula On October 30, 2014 @ 10:50 am

useless article .when are we going to talk sense zambians

#75 Comment By kkk On October 30, 2014 @ 10:52 am

Iam afraid to say that the PF will go together with HE Michael Chilufya Sata if not handled properly. Already cracks are beginning to show just after one day of national mourning. Almost all the ministers never attended the church service that was called to pray for the Kariba disaster victims which was presided by the Acting President Dr. Scot.

#76 Comment By Deja Vu On October 30, 2014 @ 10:59 am

Obama s father is from Kenya so what is so speclal about ZD

#77 Comment By Zed On October 30, 2014 @ 1:36 pm

Take America to 50 years after 1776 or 1826 to be precise. There are elections and Obama is standing. What were the qualifications of a presidential candidate? Please respect Zambia’s sovereignty which in part or whole is the Zambian constitution. There is nothing wrong with Guy Scott as a person, but he doesn’t qualify to be President under the current constitution. What we do now has an impact on every pride of Zambia as a nation. Zambia is very wealthy, the reason why we are still wallowing in poverty, has to do with how we view ourselves and decisions we make. Let the people who made this decision see beyond their selfish interests.

#78 Comment By ABAMANO On October 30, 2014 @ 11:57 am

please be advised that what we are in a very sensitive period .why cant these comments be reserved after we bury the President.I dont understand why General Miyanda and this guy are up to .Surely you want us to start an

alysing sensitive issues while we are

#79 Comment By abachimwelela On October 30, 2014 @ 12:07 pm

please be advised that what we are in a very sensitive period .why cant these comments be reserved after we bury the President.I dont understand why General Miyanda and this guy are up to .Surely you want us to start analysing sensitive issues while we are still morning.All along you have been quiet and of the sudden you have these article issues.Please we want peace .Besides Guy Scott has not said he is taking over he will be acting i dont know why the issue has generated intellectuality.Please bring up these debates after the burial you are disgusting

#80 Comment By Scrutinizerer On October 30, 2014 @ 12:09 pm

…..Law, unlike engineering, is very slippery, inconclusive………..in engineering the number 6 will always be 6 with all parties conclusively agreeing….but in law, some one will oppose and refer the number 6 as 9 which is just upside down…..not until a small dash line is underlined to show the base, the arguments shall continue…..
…… the constitution has been in existence for a while so does LAZ. Does it mean that LAZ has no time to proof read thru the supreme law of the land and propose appropriate amendments well in advance to avoid unnecessary arguments….just like the underlining of the number 6…?

#81 Comment By Warlord On October 30, 2014 @ 1:57 pm

@Scrutinizer
True law is slippery but engineering too is sometimes slippery. The number 6 can be anywhere between 5.5999 to 6.444444.
I guess biology is more precise. DNA whether of prokaryotes or eukaryotes is the same, same nucleotide-complementarity rules, same major and minor groves and same number of nucleotides per turn!, True for proteins. Boy am I gad I’m a simple biologist!
The lawyers are at each other ‘s throats while our late president is resting and waiting for the morning of the first resurrection. Lawyers scare and amaze me.

#82 Comment By ABAMANO On October 30, 2014 @ 12:15 pm

we chikopo we so u have failed to interpret clause 39 (b) .this is the problem with dull people even straight foward things they need tuition atase.Is their anyway in the articles you have brought that says if he is of not Zambian origin.Infact this article entail that they can even pick anyone in the cabinet which includes Guy Scott . So you dull chaps shut up sha

#83 Comment By Scrutinizerer On October 30, 2014 @ 12:17 pm

…testimony that God loves Zambia…hypothetically, if this had to happen when Wynter was acting…was this scenario which has happen to Lungu ever happen with Wynter at the helm…??

#84 Comment By Bull On October 30, 2014 @ 12:17 pm

I understand that you are a lay man. You analysed very well, thanks. The articles you referred do not deal with a vacancy in the presidency. When the President died, MHSRIP, there was a vacancy. And Article 38(2) was invoked, which provides thus:-

‘ … whenever the office of the President becomes vacant, the Vice-President or, in the absence of the Vice-President or if the Vice President is unable, by reason of physical or mental infirmity, to discharge the functions of his office, a member of the Cabinet elected by the Cabinet shall perform the functions of the office of the President until a person elected as President in accordance with Article 34 assumes office.

#85 Comment By Zed On October 30, 2014 @ 1:41 pm

Are you deliberately missing a section which says, and if the. VC does not qualify or is incapable?

#86 Comment By Baloteli Senior On October 30, 2014 @ 12:24 pm

The appointment of Scott is been doctored by Memmber, we all know that including those who are defending the appointment. Zambians, for now long shall we continue to allow Mmembe dictate and determine the political destination of our country?

#87 Comment By ABAMANO On October 30, 2014 @ 12:28 pm

iwe misheck learn from Bull ,wa mano.Please let us stop this nonsense where is honourable Kambwili kanshi .Can you nonsense these pipos so that we concentrate on the morning ki ki ki ki

#88 Comment By kakolwe On October 30, 2014 @ 1:03 pm

Imwe bonse ba “article fitusha and clause fipuli of chapter rubbish” GIVE ME A BREAK!! To hell with that Brig Gen rouble-rouser. Scot has not taken away our Zambia. Actually, one up to the PF cabinet which has learn from the Magande-Rupiya saga. They appoint a neutral person to act as they sit to analyse which person will be highly saleable. As usual oposition barry themselves in article ciputi and so on!! Its 89days already. Follow miyanda at your own peril!!

#89 Comment By Patriot Abroad On October 30, 2014 @ 1:10 pm

We can Ho and Hum all day long.

PF is only capable of running Zambia by re-colonising us under their foreign ‘investors’ and now Guy Scott who without doubt DOES NOT qualify to act as President of Zambia.

Ask the question, can Guy Scott contest the coming elections considering the parentage clause? The answer is NO, he does not qualify. So why would a bunch of grown men and women gather to go around the constitution?

Why particularly would The Learned Attorney General countance this? He of all people in Zambia MUST see the ridiculousness in the appointment of Guy Scott.

HH there you have it, it’s not about being educated that makes a good president. It is Honour, Integrity, and Patriotism. PF must ask whether they have that. Elections in 90 days, people vote for those…

#90 Comment By Zed On October 30, 2014 @ 1:46 pm

Spot on. So many useless decisions have cost us money. Napakwakana revenue, we always side the wrong way. Where does your loyalty lie if when matters are very clear? We have let money slip away and now we are playing where constitutional matters are very clear.

#91 Comment By Morri On October 30, 2014 @ 1:54 pm

That is a problem with a stupid constitution. It has multiple interpretations such that even Kaponyas can take advantage of it.

#92 Comment By VBC On October 30, 2014 @ 2:49 pm

Now you can go to Guy scott and say ” bayama nafuma kumushi fwaileniko incito”

#93 Comment By BABY POLICE On October 30, 2014 @ 3:33 pm

We have seen nothing yet, Sata like Levy must have left a Will that could shock Zambia. Even if you doubt his intelligence, the man was indeed a Machiavelli and this article has just touched the surface. Consuder the creation of Muchinga province which was not in the PF overt Agenda. Remember that Sata won one of the landmarl case tocases in Zambia another pointer is ingenuity, and so was his raise to power from rails station sweeper. I rest my case please mourn because it is right but reflect. Be warned about M’embe and the Cartel.

#94 Comment By TRUE BLUE On October 30, 2014 @ 3:34 pm

Watch out, Zambians you are seige and I agree with Njolomba in total.

#95 Comment By See On October 30, 2014 @ 3:39 pm

Why did Guy Scott not act the time President Sata was alive? Why was this not rectified when the late was alive. So what has changed? Can someone who understand the law she’d light on this issue.

#96 Comment By Concerned Citizen On October 30, 2014 @ 6:44 pm

Does the author of this article understand that elections will be held in 90 days? By the time any challenges or court cases are resolved, they’ll be another president at the helm. Stop trying to agitate the populace and focus on moving forward in harmony.

#97 Comment By Mind blower On October 30, 2014 @ 10:47 pm

Any way it seems many are misled by the constitution.
Its very clear here.
1.Edgar was acting President for 14 days as per the letter he received,basically he cant continue beyond the 14 days
2.Its in the constitution that Cabinet has to meet to ask if the Vice President can act.If the Vice President refused to act as President then the cabinet would have chosen someone else

So by law,Guy Scott acting as President was endorsed by Cabinet so he is rightfully holding the position but he cant stand as President.
Remember that PF Central Committee has to choose a candidate so he is well aware that he wont stand as President no matter what the arguments are.
Lets mourn our President as Africans we don’t speak ill of the dead.
May his soul rest in peace

#98 Comment By lackson On October 31, 2014 @ 10:33 am

Zambia needs a leader who is not power hungry, not selfish and not plunderer resources. We are watching the space