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Parley should ascertain the health of a sitting president, NCC

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The Executive Committee of the National Constitutional Conference (NCC) has resolved that parliament should be mandated to ascertain the health of a sitting President to continue holding office.

The members agreed, that with one third majority, members of parliament should initiate a motion through the speaker to remove the President from office on medical grounds.

Committee members said in Lusaka on Tuesday that within 14 days after the motion has passed through parliament the speaker should request the chief justice to constitute a team of medical experts to examine the health of a President.

The members said within seven days of the appointment of the medical committee the President should appear before the doctors failure to which they would constitute a ground for impeachment.

During the debates commissioner, Daniel Monkombwe, argued that cabinet would not be the best group to determine whether the health of the President should be scrutinized.

He said this is because cabinet members are Presidential appointees who may be victimised in the process.

Commissioners Richard Kapita and Ernest Mwansa fully endorsed the proposal for parliament to initiate the impeachment process on medical grounds.

Reverend David Masupa also supported the proposal citing parliament’s role of offering checks and balances to the executive.

And Committee Chairperson, Michael Mabenga has appointed a sub committee to scrutinize the proposals for parliament to be mandated to initiate inquiries into the President’s health.

[ZNBC]

98 COMMENTS

  1. any way the clause is alreday there and was supposed to be invoked during Levys sickness/death but bootlickers dilly dallied until Levy became extremely stable

  2. Parley shud be given the right but again it shud act when need arises not just because the majority hate the president or when the president just coughs, then you start forming health tribunals. the best way is to have thorough and public medical checks for common diseases while those related to sex shud be confidential but issues like the presidential candidate having had a mental problem before shud be higlighted so that pipo with weak heads and hearts are screened off right at the medical test before the become stable conditions too

  3. CHE GUAVARA

    Your statement:

    ‘….presidential candidate having had a mental problem before…’

    caught my attention. What about the mental conditions of ALL presidential candidates? That would surely eliminate certain people I suppose. Good though.

  4. its a very sad developement but what are they say about paying the students in russia!!! while the dolla is still up!!!!

  5. Independent medics of high calibre need to be appointed in the committee. With the high ethical values the medical profession has, the appointments should not be a problem. The problem would be with the sub committee constituted to appoint the medical team as they would be targeting for compromised medics.

    The other problem is who would determine to scrutinise the health of the President.We saw under LPM, people were scared to speak out even when every one knew LPM’s health was not ok.

  6. it will be a bad law…if you work for zanaco as a zambian sufffering from hiv ,should you be fired?presidents come from different backgrounds and its god given…rb never thought that the late levy would appoint him vp…i think its a bad law.any incoming president should be 100%mentaly and phisically fit but that should not deter any zambian from aspiring for the presidents office.zambia is for all and not a few crooks with motives of stealing….the suggestion is bad.

  7. 17. Anonymous
    if that was to be so then only virgins would qualify in sub Sahara Africa. Too bad even the cotholic would have difficulties providing even female ones.

  8. I HOPE THE MEDICAL CHECKS WILL NOT BE IN SA!!!
    JUST ANOTHER WAY OF MAKING A VACATION WITH THEIR FAMILIES AND FREINDS!!

    :-?:o:o:o:o:o:o:o:o:o:o

  9. Indeed it should be that way,
    The past seven years where awlful, I kept worrying and worrying and each time LPM was on tv addressing state functions or international gatherings, the worry would grow more and more. awe life siyenze feya.

  10. Being President is a very demanding job & Zambia cannot afford to ‘ve someone who’s health is highly compromised. Prolonged illness or death of a President is not only devastating but also expensive to the nation.

    We need that medical committee to assess the president’s health.

  11. Ascertain that in presence of every stake holder. Not ifya ku fojer ba mambala. Twila voter voter. Even before they stand for elections. MMD …work, don’t just promise.:)>-

  12. **==
    awe twakana, being ‘healthy’ is a GOD given thing,this will bring a lot of comfusions and another NCC will be setup!!!

  13. I hope te ma setting ba mambala.Everyone is prone to fall sick wether you are a president or not.Who told you that when Someone is a presidential candidate the he or she is excempted from falling sick? When a person who is a president falls sick then it has just happened.No one chooses to be sick or to die.The big problem that we have in Zambia is that we make laws just for the sake of Fixing people who are perceived to be threats or enemies.Bwafya Sana,true democracy is only found in Europe,America and other continents not Africa.In Usa there is true Justice System to day am just waiting to witness true Inauguration ceremony.History is being made today.Not a situation where a few characters sit for years in the name of coming up with a constitution that will stand a test of time and chew a lot of money as sitting allowances. All this is done to come up with laws just to fix some individuals.

  14. We should not be making laws without having a reason for such laws.
    It could have made sense if a commission of enquiry had been set-up to examine how things were handled during the sad experience with the late president. It is the only fitting rememberance which can be accorded LPM if, out of his demise, we came up with LPM law which can ensure that no future president goes through the same ‘humiliation’ as he did.
    And talking of a medical team of experts; they are all in RSA as evidenced by the number of GRZ funded apamwamba’s who go there even for the most minor ailment!!!!!

  15. Whats the meaning of this now.well doesnt really make much sense to me.after all the past presidents we have had have all been sick,so why now.what kind of medicals are being talked about someone to help me understand pliz..

  16. yes that would be a good move but not were mps hate the president and if he only has a headache then they think of removing him that would be bad. I think they would do us a good favour if they checked the health of our VP because he doesn’t look to be fit even if they say you can’t tell by looking awe sure kwena.

  17. Without being vindictive and petty, what we need is that the medical team should assess all presidential candidates before they are sworn in, first and if there are any grounds of ill health, the same team of medical doctors should again be called to assess the president. That way, we know we hired a perfectly health person who has fallen ill on the job and therefore MUST be entitled to a full pension after being removed from office. Otherwise, if we hire someone who is already ill, then taxpayers would be robbed when such a person is finally incapacitated.

  18. Dont they have valuable issues to table..rather than pointless matters,how is this gona benefit the nation?a retirement age should be put on the spot light for example,as one ages their judgement tends to get cloudy(Mugabe)…we are tired of seeing the same tired individuals running shop…other matters should be for one to run shop they must be fearly well of…with assets over K500million-financial soundness for example,lets have business leaders as politicians,they can run that place like abusiness and make the right choices….

  19. 7 and 13 you are right. these guys are sick. Can you imagin sleeping on duty? when Sata was Minister of Health he fired nurses who were sleeping on duty! MPs can you play the roll of King Cobra now! Bacilamo ba mambala ukupya imilomo.

  20. Ba Chewe! Welcome back. How are you. I missed you.
    Coming to the topic you’ve hit the nail on the head and am mauless.

  21. Sometimes I wonder what it is going on in the NCC! OK chaps what happens when Parliament is not sitting? The Pres will disolve parliament everytime he is sick if he feels the guys are out to remove him. Everyone gets sick at some stage in life. Also what exact criteria will doctors use? The job is not a physical job like football! Also how impartial will these doctors be? Come up with better suggestions instead of just changing laws for the sake of change or else we will spend half of our time in parliament debating the health of the pres if the opposition have a 1/3 of seats.

  22. one third majority is too small a figure. It must be 50% or 75% to avoid abuse & bringing the name of the President into ridicule. Some MP’s can ganner the 1/3 number, move a motion to just embarrase the sitting President. As it is in a democracy 50 + 1 %(percent) is justifiable concensus not 1/3. This is a minority number. This NCC is irrelevant & will cause problems for the future due to it’s carelessness.

  23. Gumu Gumu kamba. we cant afford it especially when we can even see that someone is so unhealth. how do we honestly keep pushing and pushing someone to perform even when we can see that they are slowing down.
    do you honestly think that Teta should become president even when you can tell?
    we dont have the kind of resources for state funerals,
    Ni ma medicals chabe!!! because nama national morning yanga chepeko ya ma ministers…

  24. imwe bantu, the last press conference ya Mugabe before kuenda ku Egypt… sichina wame, kuonelathu kuti mmm mmm muntu sali bwino. **==

  25. Eish muna! this staff here is boring L.T catch the news of the moment and that’s the inauguration of the first African American president. The world is watching . Blogerrs in America what’s happening there talk to us. The world is witnessing history being made. If you are black like me you know what am talking about.

  26. The issue here is someone with a health record/history or a potential health risk that will incapacitate him/her to discharge the functions of a president.

    Everyone gets sick including Presidents, Kings, MPs including Gumu Gumu.But is that illness posing any risk to the presidency?

    The best people to answer that would be a competent Team of Medics. Kwasila!

  27. Rashid Jones and 3Rqu am fine thanx.Missing you guys.Ala kwena ine nshamonapo umuntu umo ukwisusha blogg the whole night ale blogging fye. Enjoy blogging guys.Although am working am not that fine,hot cooking oil splashed on my hand so am in a deep pain.Ala kwena ubushimbe guys bwafya!

  28. Jamaco,Rashid,Chewe,3RqU,Baby C,G Baby,Mpangula Mputyu,Meastro….variuos anonymouses…and fellow bloggers,how are you?

  29. Ba Chewe thought mwalicita organise by now.

    Ndolic fine thank you.

    Early finish today. Rushing to go and watch the real inauguration. Not ilya iyakwebati bachitafye organise muli one day.

    Take care now. :-h

  30. Such legislature which seem to be directed end up into a laughing stock.Remember abena George animal proposing ka age limit ku NCC but later on because abena LPM had reconciled with king cobra,He withdraws the submission.Really petty stuff

  31. The move should be inclusive in order to avoid bye elections at all levels. Even parliamenterians should be examined too.

  32. we already have that clause in the current constitution but when it comes to implemention people suddenly have all sorts of excuses like ‘its not our culture’. one question who would initiate such a move?

  33. Yes we can, yes we can’ finally new president of United states of America has been sowrn in Barrack Hussein Obama.
    :)>-:-ss<:-p

  34. Just arrived from Freiburg, after a trip.
    “During the debates commissioner, Daniel Monkombwe, argued that cabinet would not be the best group to determine whether the health of the President should be scrutinized. He said this is because cabinet members are Presidential appointees who may be victimised in the process.”
    Mr Munkombwe, it is not cabinet wouldn’t do. but that it failed to do the necessary over late former President Mwanawasa. Thus, that failure by Cabinet has to be mitigate for a next time probale similar case by letting Parliament which has people from both the ruling party and opposition take a deciding role in making sure the country has a healthy President in good time.

  35. 62. Maestro Hhehhehhehhe continued.
    54. ndolic, I am safe by God’s grace. Scripture records that:

    Isaiah 41 + KJV Holy Bible.
    41:10 Fear thou not; for I [am] with thee: be not dismayed; for I [am] thy God: I will strengthen thee; yea, I will help thee; yea, I will uphold thee with the right hand of my righteousness.
    41:11 Behold, all they that were incensed against thee shall be ashamed and confounded: they shall be as nothing; and they that strive with thee shall perish.
    41:12 Thou shalt seek them, and shalt not find them, [even] them that contended with thee: they that war against thee shall be as nothing, and as a thing of nought.

    Keep well and be blessed.

  36. now imagine, a picture of the first lady with a live chicken!!! That’s how yours presents herself to the world!! Viva Obama Viva America, Viva Michelle ,:)>-

  37. Viva Obama!!! No more, if you are brown you can stick arounds!!!!!!!!!!!!!!!!!!!!!!!! :)>- We are nambala one!!!!!!!!!!!!!!!!!!!!!

  38. #64 continued.
    Just had to watch Obama’s inauguration ceremony and Bush’s leaving briefly.
    Following through from #62, Munkombwe’s “cabinet members are Presidential appointees who may be victimised in the process” is quite true while my thinking is that they failed to do their job over late former President’s case probably because they had to protect their jobs. No one was clearly going to victimise them, but they just delayed our great Nations progress by giving us updates which were difficult to accept.
    We learnt our lesson(s) from that late President on duty experience and we must use that experience to do better in future.
    Thank NCC for deliberating a thing we can NEVER ….

  39. #69 continued.
    Thank NCC for deliberating a thing we can NEVER afford to correct for the sake of Zambian future generations and in case of an eventuality even today.
    My hope is that this issue will pass on into the imminent New Republican Consititution without more corrections as “one third majority, members of parliament should initiate a motion through the speaker to remove the President from office on medical grounds” is enough.
    ===
    LT 2008 Award Winner. =; for Zambia in 2011.

  40. Others want NCC to be suspended:
    “Advising these politicians sitting at the NCC is like trying to get milk out of a stone. It’s practically impossible because nobody at the NCC can sacrifice for the common good of all Zambians. There is nobody who is going to sit at the NCC and get nothing. They are there for money; they are there to fatten their bank accounts. The only answer is to suspend it completely and divert that K350 billion for development to solve cholera problems, repair roads and bridges and improve conditions of civil servants,” Sata said.
    source:maravi. blogspot. com/ 2009/ 01/selflessness-in -leadership-is -only -path. html

    What’s the real NCC suspension PLAN motive?

  41. Viva Obama,Viva Barrack.At least we can afford a smile and because we are assured that true democracy exists in America.The man is intelligent ,he is a real man.His speech full of love for all human race.Bashi mulumbulwa baisa,ba traged proffessor.

  42. 71. Ba Maureen, while your comment “Those of you who were blogging during the inauguration do not have DSTV !”, some of us had a long trip and we are just settling in.
    Obama is the USA President and not my President, who is President RB Banda. Thus I continue blogging on LT as Zambian matters are more important to me compared to USA ones.
    Let us not try to be second class Zambia-Americans when we can be first-class Zambian Zambians. This Zambian Constitution rectification through NCC is the best at the moment to help us have a similar to Obama Inauguration in 2011/2 unlike the rashed one for our President.
    Have a blessed day and keep well.
    ===
    LT 2008 Award Winner.=; for Zambia in 2011

  43. Hope our Zambian leaders heard Obama say this and can learn from it…

    “We remain a young nation, but in the words of scripture, the time has come to set aside childish things. The time has come to reaffirm our enduring spirit; to choose our better history; to carry forward that precious gift, that noble idea, passed on from generation to generation: the God-given promise that all are equal, all are free, and all deserve a chance to pursue their full measure of happiness.”

  44. 74 Chewe, welcome back from your self-imposed terraces watching LT blogs my fellow Citizen. There is no need for you to continue hibernating while you are burning with passion. It will not take you anywhere. So, instead of behaving like a baby who is seeking for attention from the whole LT blog community, just do what is normal.
    Throwing stones like “Ala kwena ine nshamonapo umuntu umo ukwisusha blogg the whole night ale blogging fye.Enjoy blogging guys.” at a chance will not help help you. Jealous never pays.You can certainly do better than your current loser strategy.You are a grown up 29 year old MAN not baby seeking for sympathy from characters of your nature.
    All the best & stop it.

  45. 76. Dark Knight greetings. I just wanted to re-echo your “the time has come to set aside childish things” from US President Barrack Obama.
    Let us do things with our minds focussed for the betterment of fellow human beings. Instead of trying to pull down someone who is clearly more advance than you personally, you can do better by complementing their efforts for a better Zambia.
    We are here to share information of our past and present,so that Zambia can start to make progress economically and socially. But a feww disgruntled elements are trying to impede our,especially my, noble work for mother Zambia.
    Together,fellow Zambian Citizens, YES ALL SHALL do it better in 2011,if only we care.

  46. ka maureen ulikapuba.bushe DSTV ni luxury nangu ni necessity.elyo walishalila tawishibe ati nomba kwaba nama PVR? Tauyeshibe tukulondolwele?

  47. #17, IF THE PRESIDENT IS FOUND HIV POSITIVE THEN HE MUST BE PUT ON ARVs AND ENCOURAGED TO STICK TO ONE SEXUAL PARTNER OR IF HE CANT THEN HE SHOULD BE ENCOURAGED TO USE CONDOMS EACH TIME HE HAS SEX. OK! ANYTHING ELSE?

  48. 81. DR MANASSEH PHIRI, just to add to your well articulated points. Any such Zambian President can continue ruling as long as he does not have full-blown AIDS which would make him medically incapacitated to function as President in discharging his oath duties.

  49. If you Zambians follow everything Sata says, then you will soon be banging your heads like headless chickens. The man is full of contradictions and half baked ideas. I only wonder why we still aloow him room to champion our cause. He is certainly out of touch with our generation’s needs and that of children. Listen to Obama and judge how he made Bush look like a thoughtless irresponsible party cadre who has also embarassed the republicans. Viva intellectuals!!! The choice is yours in 2011 but we are offering you a chance for real change that you can believe in. Yes, we can Change Zambia for the better!!!

  50. The Undereducate Sata’s NCC position:
    “Advising these politicians sitting at the NCC is like trying to get milk out of a stone. It’s practically impossible because nobody at the NCC can sacrifice for the common good of all Zambians. There is nobody who is going to sit at the NCC and get nothing. They are there for money; they are there to fatten their bank accounts. The only answer is to suspend it completely and divert that K350 billion for development to solve cholera problems, repair roads and bridges and improve conditions of civil servants,” Sata said.
    source:maravi. blogspot. com/ 2009/ 01/selflessness-in -leadership-is -only -path. html
    What’s the real NCC suspension PLAN motive?

  51. Imwe, who appts the Chief Justice? How could somebody I appted constitute or call for a board of inquiry against ME?? It doesn’t just make sense.
    This is a good point in the darkest of a nowhere jungle. >:d<

  52. THE INTELIGENTIA,mwasosa i have always wondered how cheap we are in thiis country where some man who has been a manace to people through out his political is instantly transformed from villain to hero simply because he has started speaking sweet things.only yesterday the man was butchering those with opposing views and defending chiluba to the core despite knowing the evils he was commiting and he was hated by every citizen.today he is a champion of the people’s cause. Mwashibukeni ba zambia

  53. Ba LT, i think its not good that you are allwing Maestro to be insulting Sata like this. you need to punish this boy,its too much of him now.. [-x[-x[-x[-x[-x[-x[-x

  54. Its not a bad idea for a seating President to vacate office on account of ill health. But to impeach him thrugh parliament that is inhuman. NCC is claiming to come up with a consititution which will stand the test of time. Come up with something tangiable. Illness does not spare any one. Let’s be upright in our dealings.Parliament is there to pass good laws. When someone becomes incapable to carry out presidentail duties due to ill health what does the current law interpret. Imwe ma learned men held to clear the air.The trouble we have is lack of taking interest in consititutional matters.All we say iyi ni ya politicians inga yiwe whats your role as a citizen.Dabate yili che.

  55. Koma America ni America. Ba Obama knows how how to speak His inauguration ceremony was fantastic. The speach itself was assuring, inspiring full of hope. Done in fashion the winners and loosers were all in attendance and united as americans. In Afrcia we do it behind buildings and opposition leaders boycott such important functions.
    For us we are still atacking each other day in day out talking talking boza, just pushing the country backwards. No service to the citizens. Just blaming each other uyo uyo. Just wacth Obama and team the Americans will sort out their finacial criss shortly and create employment for themselves. Shame for us ni ma Politics ya stone age of blaming each other. Yah

  56. 92. Chips Khu, on ” When someone becomes incapable to carry out presidentail duties due to ill health what does the current law interpret. Imwe ma learned men held to clear the air.The trouble we have is lack of taking interest in consititutional matters”, indeed the problem is lack of interest in Constitutional matters.
    My fellow Citizen, please get yourself a 1996 Zambian Constitution and read it carefully. It is available of the Internet for free.
    As a summary, Cabinet is supposed to sit and bring up a medical board that is tasked to ascertain the health of a sitting president by asking the Chief Justice to do it. This way fo operating failed us in the late former President’s case.

  57. Maybe I am the one missing the point here, but aren’t all presidential candidates supposed to be screened at the time they submit their names as candidates? If the president’s party is the majority in parliament, there is no way the career boot-lickers will cast a vote against the hand that supposedly feeds them. This is a very useless law unless and the NCC is even more useless for advancing it.

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