Friday, March 29, 2024

It’s Constitutional for Vice-President to continue running his office-RB

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Vice President George Kunda

PRESIDENT Rupiah Banda has said his announcement that Vice-President George Kunda should continue running his office is backed by the Constitution.

He said a statement by Forum for Democracy and Development leader Edith Nawakwi that the vice-president should vacate office was irregular.

This is according to a statement released yesterday by the president’s special assistant for Press and public relations, Dickson Jere.

“It is sad that a leader of a political party and former senior Cabinet minister, Ms Edith Nawakwi can demand for the vice-president to vacate office when the Constitution of Zambia is very clear on this matter,” Mr Jere said.

He said the position by President Banda that Mr Kunda would continue in office even after the dissolution of Parliament was backed by the law and that Ms Nawakwi as a former minister should have known this fact.

“For the avoidance of any doubt, I wish to state that the president relied on Article 45 (3) of the Constitution of Zambia, Chapter 1 of the Laws of Zambia, when he said that the vice-president will continue in office.

The relevant provisions read: 45 (1) There shall be an office of the vice-president of the Republic of Zambia (2) The vice-president shall be appointed by the president from amongst the Members of the National Assembly.

(3) Subject to the provisions of this Constitution the vice-president shall vacate that office upon the assumption by any person of the office of President,”  Mr Jere said. He said the rationale provided in Article 45 (3) was meant to avoid a vacuum in case a vacancy occured in the office of the president during the time when Parliament was dissolved.

Mr Jere said in case a sitting president was incapacitated while Parliament and Cabinet was dissolved, the vice-president would take over in the interim period.

 

[Times of Zambia]

75 COMMENTS

  1. Maybe its difficult to understand simple english sometimes..the law states that the republic president has the right to chose a vice president amongst the members of parliament..but at this time when parliament is disolved,it means there are no more MPs and carbinet hence clearly stating that there no rank as vice president. Why Rupiah always fighting Kunda’s battles??  I’m now getting very suspicious…

    • Vice President is a constitutional office bearer you people and he can be an Mp or not if you read the same constituion. What is your beef? Yahhh!

  2. Well. Whether the constitution backs it or not. Zambians will not get any value from Mr. Kunda remaining in office. He has brought us more harm than good. He is the MAIN reason why we spent a lot of money on the constitution making process only to be thrown away because he wanted to impose stupid provisions and leave out vital ones.

  3. #1 Good point can all these MMD blind followers rebut what you have just daid with proof from the constitution. I agree with #1 , keep George Kunda is a violation of the republican constitution. RB has to run the country using PS and civil service.

    If anything happens to RB, it is the Chief Justice that picks up the tab and become in charge. There is no Parliament and Kunda being in power is breaching the cosntitution

  4. Do not complicate simple issues and confuse people.The president breached no law over the Vice President continuing in office.A little knowledge is really dangerous.

    • Iwe chikala, olo chinyo, whatever you are, read that quote from the constitution. It does not say anything to back RB’s decision. It says picking a member of the national assembly, chikala. (lolo chinyo) Read!!!

    • What little knowlege do you have yourselfe to defend such nonsense. Paliament is desolved where does the vice president come from. You are very poor in knowing the consititution you poor MMD VUVUZELA.

  5. VOLUME 1
    PART IV

    ARTICLE 45 of the Constitution states:


    1 There shall be an office of Vice-President of the Republic.
    2 The Vice-President shall be appointed by the President from amongst the members of the National Assembly.
    3 Subject to the provisions of this Constitution the Vice-President shall vacate that office upon the assumption by any person of the office of President.
    4 In addition to the powers and functions of the Vice-President specified in this Constitution or under any other law, the Vice-President shall perform such functions as shall be assigned to him by the President.

    5 The salary and allowances of the Vice-President shall be such as may be prescribed by an Act of Parliament, and shall be a charge on the general revenues of the Republic.

    • So there, where does it say he cant remain in office after the dissolution of Parliament? Read clauses 2, 3 and 4 and think really hard about discretionary powers of the President. Remove your PF thinking cap and then read and read thru the statement by Dickson Jere and see if it makes sense. If not, feel free to come back and get free legal advice.

    • Mr Dickson Jere is misleading Zambians.This Article 45 he has sited is and has nothing to do with the disolution of Parliament.This article is provided for as the general set up of Government.It clearly states in the preamble, that they shall be a Vice President:Meaning, the President will be assisted by a Vice President- it goes om further to describe that office.Nowhere does it provide for continuation when Parliament has been dissolved.

  6. #4 I challenge you to give us reference from the constitution here where it point number 2 in article 45 is invalidated.

  7. Ba journalist ba Jere. Can’t u capture sentiments in correct English? What is ‘sad’ about Nawakwi’s statement?
    It is sad that a leader of a political party and former senior Cabinet minister, Ms Edith Nawakwi can demand for the vice-president to vacate office when the Constitution of Zambia is very clear on this matter,” Mr Jere said
    Wake up you can’t be so dull as a worker  for  a Middle income nation’s President!

  8. let the two govern for only 50 days remaining the most important thing was a day of “amagedon” thats all,so all is set God is watching,change is on its way – PFFFFFFFFFF

  9. Man becomes a law unto himself. How can there be a vice-president when the National Assembly stands dissolved? Since the Veep is appointed from among MPs, how can Kunda remain veep when there is no Parley. Can LAZ please interpret this important legal provision or lack thereof.

  10. This is not what we learnt in school back in the day…if the Vice-President is appointed by the President from amongst the members of the National Assembly, then how is he/she going to campaign for his MP seat to get back in Parliament? So what is his job there signing cheques that the Chief Justice can’t do?? Where is the Chief Justice or Chief of Staff?? This is RBish i bet their more surprises in this constitution; Next we will hear that the outgoing president can stay in power in excess of 5 years irrespective of election result!!LOL

  11. Please let the man serve the remaining 50 days, he will need the money to bail out the wife after being found guilt of property grabing!

  12. You see why a president must have a running mate voted for on the same ticket but the people? It’s to avoid such ambiguity about the office of Vice President and whether he is appointed or not. If the Veep is head of Govt affairs in parliament which is now dissolved in whose interest is he still serving the office of vice president other than Bwezani himself. I hope this help those aspiring for governance to give us a progressive forward looking constitution.

  13. Someone tell me why neither the ZWD or LT quote the international media on their projections that RB will win with a landslide due to what him and his party have done to the economy?

    RB you are the best president Zambia has seen you have my vote

  14. i understand RB does not trust his health in 50days anything can happen now i understand. our president is sick

  15. RBISH is a wanker and only the blind and foolish can’t see it. So glad he’s going this year good riddance to the 2nd most corrupt president Zambia has ever seen.

  16. whatever the law jargon..i thought the chief justice takesover the duties of the president and you don’t need a partisan VP hunging around. The problem is “will the chief justice do his duties without being compromised since its the president i believe who hand picked him..”maybe thats what the next parliament needs to sort out….who appoints the chief justice????? we need to stop the president running the country like the way he runs his own piggy bank in state house..

  17. the national assembly has been disolved so how does George Kunda continue to assume office legally? Ba RB twapapata can you follow the constitution you swore to uphold. you dissolved parliament so there is no MP not even the vice president.

  18. This is the reason why make a constitution for the people and by the people…this may work in MMD’s favour now but next time they maybe in opposition and will be the ones crying foul!! 

  19. `First and foremost we have a parliament from whence a Vice President is appointed to be leadrer of Govt business in the same house. if the house is dissolved and is no more, then the office of VP is disolved hencewith. How can we have a tree without roots?

  20. PF were invited to make anew constitution and they reject so dont complain after all if it was breached SATA,POST(MEMBE),KABIMBA,MPOMBO,LUBINDA could have cried the same day

  21. A legal mind of mine tells me that the VP being a member of parliament like any other, upon dissolution of parliament means that he too ceases to be vice president because the citation from the constitution of Zambia in the story stipulate that he is chosen among the many members of parliament either elected or nominated. Therefore, the VP is illegally in office.

  22. Why should Kunda leave office when you all know that he will continue to be veep even after this year`s elections. MMD is not going anywhere, not anytime soon. Banda will form the next govt. You guys should not be sensualized by the media. Banda still enjoys popularity in the rural areas. Besides there is no need for change because the only alternative are MMD rebels in the name of PF. Genuine change who mean ushering in brand new people in the political arena. The opposition made up of disgruntled MMD cadres. We need people like Chipimo, HH or Magende to bring sanity to the office of presidency. Sata can`t be trusted in this day and age. What happened to the degree clause? We want leaders who understand globalization. Not Kaponyaz!

  23. Well i have read all the above…I challenge all LAW students to debate the above topic..am sure its a good topic for you guys …interpret for us before LAZ comes in

  24. This could have been avoided if we had leaders who listened to what the people want in terms of the constitution. A Vice President in my opinion should be elected in the same manner the president is elected by the people and this would be insignificant. How is he performing republican vice president duties when he looks like a mobile bill board owned by RB with Bwezani’s face splash all around garb.

  25. Sad thing is that PF cadres smoke too much dagga and when they do so they throw all reasoning to the wind such that even things written in black and white turn out Greek to them. Someone has pasted the constitutional provisions for you morons but you are so poisoned that you cannot read simple English. It is say he will vacate when there is a new president. What is so difficult about that?

  26. They are the same guys . there is no change if we vote for satan . these guys are both very old . how could we be so unlucky to have these 2 guys to be on the forefront . #23 you are really right . we need young guys who understands the world . 

  27. Article 45 (1) reads, and quote: “There shall be an office of the vice-president of the Republic of Zambia (2). The vice-president shall be appointed by the president from amongst the MEMBERS OF THE NATIONAL ASSEMBLY. Now, the National Assembly is dissolved as we speak, just how then does the Vice President remain in office when he is an MP appointed from among the MPs in our national assembly? Kunda is holding the office illegally, he should vacate it pronto!

  28. 45(2) The vice-president shall be appointed by the president from amongst the Members of the National Assembly. COMMENT: In this case the President is NOT appointing a Vice President, he is merely leaving him in office. 45(3) Subject to the provisions of this Constitution the vice-president shall vacate that office upon the assumption by any person of the office of President. COMMENT: There is currently a President in office. When Rupiah Bwezani Banda is sworn in on 23rd September, 2011 the vice -president shall vacate that office. I would advise PF cadres that this is a non-starter, just go and campaign.

    • Yours is a spin on the interpretation of the constitution to suit your end and goals. The article being quoted here and by Jere is based on appointment of the Republican Vice President from amongest MPs during the normal course of the Parliament session. By virtue of parliament being dissolved the Vice President’s job is null and void. The question of “if RB kicked the backet between now and the election there will be a void” is insane interpretation since the constitution ably annoints the Chief Justice to take over the function of President until a new one is elected.

  29. YOU PHACKAZ, THE LAW SAYS ‘THE VP WILL VACATE OFFICE WHEN THE NEXT VP TAKES OVER. SIMPLE, BUT THEN YOU ARE SMALL BRAINS ARENT YOU. KUNDA WILL VACATE OFFICE WHEN THE NEXT VP TAKES OVER. POINT NUMBER 3 IN THE QIUOTED LAW ABOVE

  30. NUMBER 29, GOOD POINT. YOU ARE THE ONLY OTHER PERSON USING THEIR BRAIN HERE (THE OTHER ONE BEING ME OF COURSE)

  31.  I support MMD but I there is nothing in the clause they are quoting to indicate that the VP can continue in his capacity even after dissolution of parley, its just manipulation by Mr. RB, we the MMD must put our house in order, how can we continue supporting rubish, why solidarity with lies? How long are we going to continue being embarrassed ? common fellow MMD lets wake up and get a party president we deserve….not someone imported from defunkt UNIP ! Where are our party heroes, why have we departed from our democratic principles?

  32. And if there are any lingering doubts, consider the way the matter of Deputy Speaker is phrased. 70(3) The Deputy Speaker shall vacate his office (a) if he ceases to be a member of the National Assembly. Now take it from me, don’t waste your time consulting LAZ Mwenye, just go and campaign.

  33. Kunda is in office illegally. LPM (MHSRIP) was a lawyer and never kept Lupando in office. what RB is doing is illegal and must be stoped. That is why MMD must be stopped now or never by voting them out or else more plunder and more abuse will be experienced until our country is bankrupt and we will go back to worse times than in 1991. Vote PF in 2011

  34. @34 kangululo, please see my post @35. And don’t pretend to be MMD, you are an impostor probably Kalos2121 is your other name. Please ba PF speak the truth just this once, for your own sake.

  35. @36, it is not mandatory to keep the vice president in office, so Levy chose not to. The President can keep the vice president but he cannot appoint another one because Parliament is dissolved. But it is good that you mention Levy, his passing (MHSRIEP) left us with a few lessons about the need for a vice president at all times. At least RB learns from experience, which cannot be said about Mr Sata.

  36. @36, but again my friend be reminded that Sata is no option if there was need for change in order to avoid the things that you fear.

  37. PF, just campaign, you don’t have time to engage in legal polemics. Oh sorry, I forgot that you have no parliamentary candidates yet.

    • If one stops to analyze this a mmnoet it becomes a trifle less funny and a wee bit sad. Biden thinks he must publish updated schedules in order to prove to the world he remains relevant.

  38. this the lies which had been taught in schools hope they have changed now. in social studies and civics we were taught this time when the parliament is dissolved the country is ruled by the chief justice until the new president is voted into power. now we hearing even the vice president continues until new govt it is interesting help us those who have studied law if is written so is an interpretation of the law about the vice president.

  39. STUPIDITY OF THE HIGHEST NATURE!!! The Constitution is very clear, VP has to be a member of Parly. That it has been dissolved, means he goes with it!! He is meant to vacate this office when1] Parly dissolves, 2] When he is fired, 3]When he assumes the office of president, after something suddenly happens to the presido. Any other time, when presidents office is vacated, with no available vice president, the CJ assumes office!!! As of now, when RBish loses, VP will still be in power, & automatically assuming office when this happens, GOING BY THE STUPID INTERPRETATION, & thus INTERFERING WITH THE CJ’s ASSUMPTION OF DUTIES!!! AS THINGS STAND, HE WILL HAVE POWER, whilst outgoing RBish will have no authority to stand him down, nor will the CJ, becoz provision allows him to be Presido!!!!

  40. I call upon LAZ to bring this to the attention it deserves from the CJ!!

    Not only that, LAZ should be getting ACC/DEC to look into this ROT as the PRESIDENT IS FLAGRANTLY ABUSING HIS OFFICE BY KEEPING A GUY IN OFFICE WHO HAS NO CONSTITUTIONAL MANDATE!!!!!
    AS HE HAS NO CONSTITUTIONAL MANDATE, HE SHOULD CHARGED WITH FRAUD, OBTAINING MONEY BY FALSE PRETENCES etc,etc !!!!!

  41. This does not require the ingenuity of a legal mind to conclude that rupiah is flouting the constitution with impunity, just like he has done in the past on so many things.
    Given how our current Court system works, we are not going to focus so much on the battle of legality or illegality of the office of the vice-president after dissolution of parliament.
    It will just be an unnecessary campaign distraction and we don’t want that at this moment.
    Look at how the courts have failed to rule on chanda chimba III’s rubbish.
    we can live with this for the remaining period that rupiah will be in office. It will be straightened out soon in the new constitution.

  42. What ever, what ever, the suffering 90% of Zambians only care of when MMD is leaving office, not this it could have , should have stuff. 20 yrs and the majority have seen nothing but more expats yet more suffering !kuya bebeye

  43. @49 witness. However Zambians know that whatever, whatever problems they may face, Mr Sata is not the solution but part of the cause.

  44. @48, I am impressed that you realise that this could distract you from campaigning, and that you admit that RB is on solid ground in as far as the current constitution goes. However, I am surprised that with your good reasoning on the legality of the matter, you have deliberately failed to see that Chanda Chimba III is also on solid ground with his Stand Up for Zambia. You see, Chanda Chimba III does not tell lies, he only quotes what the Post wrote about Mr Sata and Mr Sata’s own speeches at his rallies. The cost of a big foul mouth as they say. And we normal citizens are entitled to enjoy our freedom of information guaranteed by the very courts that Mr Sata misguidedly wants to use to gag our freedom.

  45. And Zambians know that whatever, whatever problems they may face, Mr Sata is not the solution but part of the cause. Mr Sata will definitely not provie you with a constitution, if the PF “national convention” is anything to go by, just one example.

  46. Among all Zambians, Rupiah Bwezani Banda is the only citizen who seems to enjoy milking every ounce out of our porous Constitution. First it was the election date, now the VP position. You sometimes wonder why he always relishes Constitutional loopholes that have a Dictatorial tinge to them. Is it that RB is really a DICTATOR AT HEART and the Constitution is simply a distraction to him?

    If none of his predecessors ever used this Constitutional provision in the manner Rupiah has done, does that mean all our former Presidents were just so ignorant of this Law? Or is it that Bwezani is simply afraid to be alone in the political-wilderness without his “chola-boy”?

    More reason why our Constitution needs to be plugged. Such ambiguities are uncalled for in the supreme law of the land!

  47. i am not an MMD supporter but i think there is logic in having this Veep in ofice. it would be confusing in case the sitting President becomes incapasiteted during the time the national assembly stands dissolved. this way, there would be stability so, for the very first time RB walasa from me!

  48. I enjoy this debate, we in the UPND understand this better. I like the way RB is dealing with the consitution. He understands it better than these unlearned cadres of PF. RB is the appointing officer and he is still in office, so Kunda continues as vice until another president is sworn in. PF just shut, why are you afraid of your own shadow? Viva HH

  49. # 51
    You are entitled to misinterpret and misapprehend my assertion as part of you relative freedoms as enshrined in the constitution.
    PF’s strategic approach to these elections is smart such that they cannot easily be fooled by MMD ‘s scheming such as can be seen with the issue with vice president continuing after he ceases to be an MP.
    Pf is too smart to be threatened by such simple ploys from failures like rupiah.
    Continue to abuse
    your few remaining days in office

  50. Is this the first election we have had? Surely lawyers what of precedents? Am not legal nor partisan but want the best for my country. Am a registered voter and not some timewasters.

  51. Nelson Mandela left the best constitution that will stand the test of time,he even used his enemies to be part of the process.he didnt change to suit himself or his party ANC but the future generation.To day the nec has more powers than its party president,as for us zambians we re still partisan.

  52. Honestly our children will continue wasting time arguing just as we are doing now on such issues because our constitution has always been a dispute of suiting one party.even when i know that a certain clause is infringing on my right i just agree coz i belong to that party.ITS A SHAME FOR ALL EDUCATED BLOGGERS WHO JUST SUPPORT PARTISAN POLITICS AND WILL CAUSE OUR FUTURE GENERATION TO SUFFER.

  53. @45 & 46 Braggadacio II, it is celar that you failed your Civics exams and that is most probably because you failed your English language exam too. Since all your lessons (except vernacular) were taught in English, we can conclude by deduction that you failed your exams in all subjetcs that were taught in English.

  54. The way i see it, is that the President may have errored perhaps without understanding the proper constitutional law as it set up.Is this case it must be corrected.meaning the office of Vice President should also be dissolved.

  55. We are sad that in Zambia the president can do any thing and the hungry lawyers will defend it that is is law. What the assistant to the president was reading is very far from what is in contension. He read that the presidednt can appoint a vice president from paliament and the paliament is disolved so where is the vIce president coming from. He should have read if at all there is any written law which says the vice presidednt and the president will continue in office even after the paliament is desolved. He was just defending his job nothing else. This is what it takes if you give all powers to one person. Thats why we want change and redo the consititution.

  56. When we redo the consititution even the president will have to leave office and campain with the help of the party’s resources so that the paying ground is levelled. How can you compit with others fairly when you are using government money and others are using their own party’s money and yet government money is tax payer’s money not for one party. During this period of campains the state will be run by either the Secretary to the Cabinet or the Chief Justice. these two positions will not be appointed by the president as the case is now but by an indipendent body formed not under the influence of the president. VIVA CHAGE VIVA.

  57. Who could have interpretend the law much better between R.B. Banda and the late L.P. Mwanawasa (MHSRIP)? After you have answered this see now who is cheating.

  58. The article cited does not give my uncle any powers to appoint retain George Kunda as Veep. Moneni parliament has been dissolved so that dissolves George as well, so where is uncle getting George from? Pa street te? In an evident where the president is incapable of performing his duties, tali eco kwabela ba chief justice who can help in those times. So apa pena advice uncle bamipeele kuli ba George ya wrong, elyo efyo baaba ba George, he is able to twist the law very well pakuti fimuwamine enafye eka. But cimo cine ifye pama nga UNIP, tulebwela mukuteka icalo twayashimishe ba mmd!

  59. I can’t Understand. KUNDA was dissolved and is NOMORE! What kind of civics are MMD pipo teaching us. Please mwebantu twapapata, temwe mweka who know the Law. This could only be a clever scheme to siphone money from their offices for personal use. How best can one explain Kunda continuity as VP. In case of Rupiya dying? Is it because of tense campaign going on brought by fear of possible loosing that he may collapse suddenly? Why use Old pipo for vigorous activities like now? LAZ pliz help me to ubderstand.

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