Attorney General Mumba Malila has described a statement stating that a presidential candidate to be elected in this month’s by-election would not be subjected to the 2011 elections as legally incorrect and misleading.
Mr. Malila said the person to be elected in the presidential by- election would have to serve the remaining three year in accordance with the constitution.
He told ZANIS in a press statement that the current national assembly which is five years from 2006 will come to end in 2011.
Article 88 (6) of the constitution states that the National Assembly stands dissolved at the end of five years from the date of its sitting .
In view of that provision, he said the new president to be elected will in fact join an existing National assembly to make parliament.
He said the new president will not affect the term of the National Assembly .
“ The constitution does not say a person who has served two terms will not be eligle for re-election. he determining words are twice been elected for purposes of limitation,’ he added.
The Attorney General was reacting to Patriotic Front (PF) Leader Michael Sata statement that there will be no presidential election in 2011.
He said whoever will be elected president this month end is supposed to rule for the term of five years.
Mr. Malila has since implored political leaders to seek the advice of their advisers on the constitutional issues provisions before making statements on legal issues which could be totally misleading to the public.