By E. Munshya wa Munshya
The position that the PF has taken over the nationality and parentage of President Rupiah Banda reflects very poorly on the quality of the leaders of PF. It is my argument in this article that the PF’s position on President Banda is flawed at law, misunderstands culture and demonstrates failed politics. Here is why.
The arguments that Wynter Kabimba is advancing towards Article 34 vis-à-vis Rupiah Banda are devoid of any legal acumen. According to Kabimba, and I agree with him, the constitution is very clear in that it says that both parents of a presidential candidate should be Zambian by birth or descent. But what Article 34 says is just a part and not the whole picture of the Zambian constitution.
Constitutional Law is not just about reading isolated articles of the constitution. If that were the case, we would not be having this debate. In fact, if Constitutional law only comprised what is written in the constitution there would be no need for lawyers and no need for courts of law. It is Constitutional Law 101, that the constitution does not just comprise Articles of the Constitution. It also comprises judicial interpretation of those articles. This interpretation of the constitution, according to Zambian constitutional order is the preserve of the Judiciary. The courts interpret the law and adjudicate between parties with regard to constitutional matters.
In constitutional theory, the courts cannot strike down the constitution. Nevertheless, in practice, the court’s interpretation of the constitution sometimes comes close to amending or even striking down some elements of the constitution. The High Court by its power of interpretation could in fact so interpret the constitution in ways that were not even envisaged by Parliament when they enacted that same constitution.
The consequence of judicial interpretation of the constitution means that any person who wishes to understand the constitution should do at least two tasks: read the constitutional articles in connection with other articles within the constitution, and secondly, read the constitution through the lenses of judicial interpretation of that constitution.
The first task sounds very easy. But getting the meaning of words and sentences, even simple ones, is not an easy task. Article 34 presents several concepts like, citizen, Zambia, birth and descent, parents, etc. As such you may need to ask yourself what the word Zambia means in Article 34. And then you have to look at other words such as “parent”. Is it biological parent? Or adoptive parents? If it is adoptive parents then what sort of adoption should it be? Is it customary adoption or civil adoption or common law adoption? You can get more and more questions.
These questions should now lead you to the second task of constitutional interpretation. Which is to ask yourself, how the courts of law have interpreted those particular articles, or words? At law, it is what the highest court in a hierarchy has said that matters. Moreover, according to the legal principles of stare decisis and judicial precedence, when the Supreme Court rules on a point of law their interpretation becomes the law should be followed by lower courts and by lawyers.
In this matter then, we have what the Constitution says on one hand, and then we have how the courts have interpreted those provisions on the other hand. A good lawyer, therefore, does not just end at the first task. This is what Kabimba is doing. He reads Article 34 and then extrapolates from there meaning that the courts have found absurd.
In an earlier article, I had addressed this issue but I think that with the likes of Kabimba we need to repeat ourselves. Questions about Article 34 have aptly been addressed by the Supreme Court in the case of Lewanika and others v Frederick Chiluba. This case is perhaps the most significant ruling in Zambian Constitutional study.
In this case, Akashambatwa Mbikusita Lewanika and his cohorts petitioned the Court arguing among other things that Chiluba did not meet the requirements of Article 34 because they alleged that he was born in Congo and that his Father was a Congolese. In fact, the court even got to meet a man who had striking resemblance to Chiluba, a character known as Chabala Kafupi. This Kafupi bizarrely claimed to have been Chiluba’s father. He also claimed that even if he were a Zambian citizen, he so became after obtaining a National Registration Card and Chiluba his son was indeed born in the Congo.
In its landmark ruling, The Supreme Court greatly criticized parliament’s logic with regard to Article 34. In particular, it recognised the fact that this constitutional article will create real problems for Zambia in the future. The Supreme Court could not strike out Article 34—it does not have the power to do that.
However, what it did was interpret. And this interpretation is tantamount to striking down this article. The Supreme Court ruled that, the requirement that a presidential candidate should produce Zambian parents is absurd because there was no Zambian citizenship before 24 October 1964. It also ruled that even if Chiluba were born in Congo (a fact that was never proven in court), if he belonged to Northern Rhodesia, he would qualify as citizen of Zambia. He only needed to prove that he lived in Zambia by Independence Day.
On Chabala Kafupi, it ruled that indeed even if he claimed to have come from Congo, the fact that he lived in Northern Rhodesia and belonged to Northern Rhodesia he qualified to be a citizen of Zambia. Further, the court made it clear that Kafupi did not become a citizen at the time of applying for the NRC, but became one at independence. An NRC, ruled the court, does not confer citizenship upon any person since it only registers citizenship.[pullquote]I wonder what Scott is feeling or thinking when he sees his party colleagues show such high levels of xenophobia and tribalism. Surely, Scott qualifies to be Vice-President of Zambia and even president of Zambia. He is a Zambian citizen just as Rupiah Banda is.[/pullquote]
What would be the effect of the court’s interpretation then? The Court actually even went to the extent of mentioning that a Chinese who is adopted by a Zambian could still satisfy the requirements of this Article if he can show that his parents belonged to Northern Rhodesia. Here is an example. Michael Sata is Zambian (as he rightfully claims to be) and was obviously born in the 1940s. If at the time that he was born his father and mother (which he claims were Zambian), had adopted, by chance, a young boy from China who was born at the same time as Michael Sata,the constitution,in 2011, would not discriminate between Michael Sata and his Chinese or Taiwanese brother. That Taiwanese Sata would still swear before the Chief Justice that his parents were Zambian by birth or descent.
Did Rupiah Banda then lie when he swore before the Chief Justice that his parents were Zambian by birth or descent? Not according to the Supreme Court. He did not lie at all. What he swore was consistent with the law. It is under this law that people like Guy Lindsay Scott, Dipak Patel, Simon Zukas and several others would legitimately run for president of the republic.
Culturally, when Sata goes to Eastern Province and tells the Easterners that Rupiah Banda is a Malawian he is playing with solemn fire. Sata is thinking that Easterners do not like Malawians just as his Bemba relatives hated Malawians at independence. It is common knowledge that one of the reasons why Kapwepwe and a group of his Bemba hegemonists had fall-out with Kaunda was because they accused Kaunda of favouring his Malawian relatives in Zambian political appointments. This is the argument that Sata is trying to bring. This argument never worked against Kaunda then and it cannot work for Sata now. As Easterners would say, here Sata “aitaya.”
Additionally, Sata is culturally wrong here because he assumes that Easterners hate Malawians just like the Luapulans hate the Congo. But there is a dynamic that exists in the East that does not exist in other border areas such as Luapula or Copperbelt. In spite of Congolese ancestry many Lundas, Ushis, Lalas, and Lambas refuse to have anything to do with the Congo. But it is not so with Zambians of Malawian ancestry. As such, Tumbukas and Chewas may fight in Malawi but once they cross the mountains into Zambia, they become allies. It becomes “Umodzi Kumhawa”. You cannot insult Malawi and expect a vote from the Easterners. Sata’s campaign tactic is very absurd here.
Zambia has had four presidents. Of these, two have had undeniable Malawian ancestry. Both Kaunda and Banda do not hide the fact that their parents came from the then Nyasaland. But both Chiluba and Mwanawasa, in spite of overwhelming evidence that they had Congolese connections, had refused anything to do with the former Zaire. I will leave the tantalizing Congolese connection of both Chiluba and Mwanawasa to a latter article. Suffice here to say that in Amos Malupenga’s biography of Mwanawasa, Amos glosses over a very important piece of information about where Mwanawasa’s mother lived after she was divorced from Levy’s dad. According to Malupenga, that village has suddenly disappeared out of Ndola rural. My sources however, tell me that the village disappeared in Malupenga’s book because it was actually over the other side of Lambaland—in modern day Congo. Zambians of Congolese origin or connections hide their heritage…but it is not so with those of Malawian heritage.
Sata and Kabimba’s positions on Rupiah Banda are not founded on law and are culturally absurd. But one could give some justification for their positions if it were to the PF’s political advantage. But obviously, politically the PF’s position smacks double standards. The optics do not just look too good.
It is rather politically absurd that a party that has Guy Lindsay Scott as its Vice-President would perpetuate such crass discrimination of Zambian citizens. I wonder what Scott is feeling or thinking when he sees his party colleagues show such high levels of xenophobia and tribalism. Surely, Scott qualifies to be Vice-President of Zambia and even president of Zambia. He is a Zambian citizen just as Rupiah Banda is. But with the dust that PF is raising about RB, one wonders whether the PF’s is a party of people who do not care about Zambians of foreign origin, or it is indeed a party of people who just cannot reason!
Kabimba should stop this nonsense. The optics do not look good. Appealing to the UN, AU and SADC over this matter just goes to show that the PF is not ready to rule. Kabimba is quickly turning this great party into a party of patriotic nonsense.
Viva PF….MMD chaps have started harassing PF people ““Right now she is there (police custody) to help with investigations,” said the sources.
Masebo on Friday said she had received death threats and that suspected MMD members broke into her home”
PF has become a disgrace to many of us
masebo is jst adesperate prostitute whoz used to being abused by men she should jst constrate on her prostitution busness
Very boring article. I can’t finish reading it. Why don’t you try to be brief. an enticing article must be brief and precise to the point. Munshya who taught you english language especially the art of writing and to which school did you go to? Your articles are always toooooo long. You mean you donot know how to make a summary of what you have researched. Your articles are research replica. Change.
Mother of ironies, educationist failing to read? you obviously are not guilty of intelligence.
Kabimba killed the Pact as well….hoping to be GRZ vice president and not HH.
Mouthful article but you are missing the point because the question being posed by the PF is very simple, which is, in accordance with Art 34 as interpreted by the Supreme Court in the Aka Petition does RB qualify? Are both his parents Zambian either by birth or decent which can easily be proved by adducing evidence to show that either they where born in what was known as northern Rhodesia or where living in Zambia on the 24th October 1964 or naturalized citizens? What if they are able to produce identity documents of his parent (s) showing that they held a Malawian or is Zimbabwean passport what would you say then, would the action be misguided ?
no, they entered zambia prior to 1964, dimwit
Did u read this part?
it recognised the fact that this constitutional article will create real problems for Zambia in the future. The Supreme Court could not strike out Article 34—it does not have the power to do that.However, what it did was interpret. And this interpretation is tantamount to striking down this article.
dimwit for sure!! kikikiki
These patriotic fools are definitely nothing compared smart. case of lights on but no-one inside. but we the rest of Zambia forgive you because ignorance is not permanent….unless you prove me wrong.
As usual well written article only kaponyas like Kabimba and satana will think otherwise.
Your mada and faza are kaponyas iwe stanyoks
its only kaponyas like you who can use such street language like your senior kaponya satana
All we ask is that RB proves his parents citizenship as at 24 October 1964, that’s all, in fact I would go a step further and ask ALL presidntial aspirants prove their parents citizenship as at 24 October 1964, that’s all… this is a law that was perpetuated by MMD.
It’s politics 101 and hopefully a level play field for all the candidates now. A politician who is good at making excuses is certainly not a good politician. Mr. Sata, like all others, must prove that he is the better choice, not because he is taller, shorter, Zambian etc, He needs to be fair to himself and to the electorate by coming out in the open and stating clearly why he thinks that he, from all the rank and file, is the ideal candidate in 2011.
This is a well researched article..sata & kabimba baitaya apa..they will not win Eastern province..sata comes from TZ but we have accepted him as our very own..they should have concentrated on findinf candidates for their MPs..right now PF has only manged for Lusaka & Copperbelt..
You are very DULL!!!!!! Imbwa iwe. Foolish Analysis.
:((:((:((:((:((
hahahaha
The case will be thrown out of court and PF has been caught with their pants down.
Every lawyer or anyone with 5 brain cells knowns that on the creation of Zambia on 24th October 1964, anyone who resided in Zambia become a Zambian citizen.
I thought MMD would be given a running for its money but now the game is over PF beaten even before the game starts.
I look forward to see the last laugh from RB
MMD KAPONYAS have written this article.I said let the courts determine the case not Bush lawyers like this author!
Nice article! Its only people with half baked brains who wont understand it. Well articulated and keep it up. RB is Zambian and it ends there. I love the stance that UPND has taken that they wont be part of the nonsense. It appears to me that PF chaps are not ready for the elections. They are busy taking people to count while the friends are busy compaigning. Time is ticking guys. Go and campaign, votes are in the rural areas and not in towns. I feel sorry for Kabimba anyhow. He seems not to know what he is doing…
This writer is an *****. Scott does not qualify to run for president, because neither of his parents were born in Zambia (or Northern Rhodesia, or Federation). Therefore he is prohibited BY ZAMBIAN LAW from running for the position of President. This has nothing to do with tribalism or discrimination, and everything to to with FOLLOWING THE LAW
its not PF perpetuating…its what the constitution says>>>lets agree to remove the constitution then…release all the prisoners!
EVEN OBAMA WAS ASKED ABOUT HIS PARENTHOLD? WHAT IS WRONG WITH BAND, WHO ONLY GOVERNS 13 MILLION COMPARED TO OBAMA.
Well done Elias for this. I am appaled that a future Justice Minister in the PF government would be Kabimba! That would really be a step back into Neanderthalic age! He is just a daft laweyer. But, there is a very serious issue here, and that is that in the PSYCHE of Mr Sata, everyone from Eastern Province is from “Nyasaland.” He has had this attitude many a time through his jesting for all of us who have known him from time immemorial.Many serious opinions are expressed through jesting. Mr Sata looks down upon people from Eastern Province and hence this action. When the 1996 Constitution was passed in Parliament, the reaction of MMD MPs, including Mr Sata, shouted ‘Kaunda walala!’ Now those MP are in PF and they expect to shout, ‘RB walala!’
Munshya even Lewis Muliyunda failed to indoctrinate us. I dont agree with PF but I am insulted when a newspaper gives me an opinion
what do all of us do when the Traffic police ask about the driver’s licence? Do we write articles, do we have all sorts and manners of people researching to establish whether it is morally or culturally or timely to be asked as such. ZAMBIA ZAMBIA ZAMBIA. Land of the talkative with little action even when action is easier and more decisive!
Source???????????????RBish…article, even on straight foward issues,,a zambian always want to make things difficult.
DRC, you clearly do not understand any of this, do you?. It’s called law my friend. Read the article and learn something. The world does not run on emotion for fuel, but reasoning. Then again that’s probably beyond your capacity.
The courts have establshed the precedent and that unfortunately for you means that PF have lost this case even before it goes to court. In fact the Supreme Court will throw it out. It’s that bad.
Munshya must be related to Chanda Chimbwi
Wa itaya
Very good article.I’ve learnt something.You will notice PF kaponyas will attack the author and call names instead of debating on the issues raised.Is there any one in Pf that can reason intelligently.Please give us your side of the story giving facts.
U can find more intelligence in a chicken’s toe, the big one found on the cockerel than in the entire PF. That’s why they fail to reason
#20 Mulenga – the facts are clear. The law is clear. You MMD kaponyas are trying to say black is white and illegal is legal, just because boma ni boma.
We are just stating the laws of Zambia and you call it “insulting”
What does Kabimba do for his living? He gets monthly house rentals?
Is Guy Scott, Lubianda ….etc etc more Zambian than RB?
are they presidential aspiring candidates
Duckson Jere article supporting the East, nonsense
Oh! pf no wonder I cannot support this party, as I cannot be brainwashed by their idiologies of dictatorship and crookedness. Now I understand why many hate this party in zambia.
Any misunderstanding that arises concerning any piece of legislation is taken to the courts for interpretation. The supreme court put to rest this matter in the case of FTJ and other petitioners. Where has been Winter kabimba? Pf l thought you needed to only replace me but you should also begin to look for a new SG as the current one is too dull.
Today PF is saying that we should embrace the likes of Lubinda and SCott and should strip RB of his rights because he is not Zambian?
I think there is a reason why people go to school. I have the belief that going to school should not be the end in itself, but acquired knowledge should be put to use. We know that the base for PF is uneducated and ignorant mass. We also know that the few that have gone to school have ended there…have failed to use the acquired knowledge wisely. Kabimba is a pefect example of an educated dull person. Guy Scott is a typical Kaponya who has a lot in common with Sata.
Iam sorry, Am not part of this decision by PF. I raised this during our MCC meetings but it landed on deaf ears. Iam happy that Zambians are able to read between the lines.
The electorates will judge us by our level of thinking
From complaints on disolution of parliament to elections date to parentage to…Perpetual complainants.
“When they measure themselves by themselves and compare themselves with themselves, they are not wise” 2 Corinthians 10:12
This is a superb article in substance and articulation. Only twisted minds will ignore it.
Great article. PF kaponyas, please read the article and learn something.
Your emotional outburtsts won’t change anything. Your Kabimba is just misleading you. He is extraordinarily daft, this Kabimba. Where was he in 1996?
This is what happens when a lawyer who has never won a case starts dipping his ***** into the paramount***** Sylvia Masebo in his farm in Lusaka West, the result is what we call as political diarrhea. Go and campaign you useless lair.
Well articulated article,Pafwaka will just dismiss it alrightly without a bother to read it reason…..They are a bunch of illiterates and thats where stupidity lies.
good article.Indeed this case is so obvious I wonder why PFis wasting time on irrelevant issues.Instead of telling us what they will do for the country if voted into power they want to spend precious time and energy in court. I think Given Lubinda should lead this party.He is one of the very few PF memebers worth their salt.The rest are just Kaponyas.We need serious opposition in Zambia- not this circus show going on.
it will not be the first time munhya will be asked if he actually earns a living through writting and probably not the last. the bottom line is that he does not have what it takes especially in so far as articulating issues is concerned. he either lacks logic or rather labouriously pushes disjointed points to reach or support a position. he rightly alluded to the fact that holders of office of president have been clouded and contested in courts or elsewhere. that is without question the more reason that this important aspect of our presidents needs to cleared before the polls and therefore cannot be trivialised as munshya attempts to do. he rightly points out that the courts cannot strike out an article but then says they did strike out article 34 by interpretation. how bizzaire and contra
Good article. PF should have concentrated on how they will improve the lives of Zambians in 90 days other than wasting time with RBs parentage .
Great article indeed :d
What would the author of this article do if the courts where rule otherwise?????
dictory! secondly asking presidential candidates to provide proof of citizenship as required by article 34 which still remains valid in neither flawed or uncultural. in fact the law requires so both by letter and by spirit. by law in the sense that the article which only refers to office of president is very specific and by letter in the sense that zambians have always disliked and questioned foreign parentage of presidents before. it does not make it zambian culture to have presidents with foreign parentage contrary to their law simply because they could not get redress in previous incidences. suggesting that banda is malawian or any other national is neither an insult to nor hatred for malawi or another country for that matter. to say so is being really illogical and cheap appeasement an
Why are some zambians so dull on an article wich is in black and white. Remember it is the same article that barred Kaunda to stand in 1996 has it been amended or MMD has been knapping on this article. Let Kaunda tell us more on this. Remember this is what killed UNIP this tome it will kill MMD. He who plays with the sword will die by the same sword. You like giving too much powers to the presidednt and now the same poweres are turning round against them. Thats why we need to change the consititution and have less powers being put on one person.I hope this article will be changed to reduce embaracements like what we have.
You are losers this is a fact.you will soon be silent and out of this blog nja.
Kabimba is useless.He must be bemba coz these guys are just too tribal.Tribalism actually flows in their blood.This shows that PF is not prepared for the elections at all.Instead of campaigning in the villages, they are busy attacking RB.
Viva HHHHHHHHHHHHHHHHHHHHHHH
So let RB join the list of Zambians who cannot be president under the laws of the land
In fact Munshya wa Munshya is saying with this article that the Laws of Zambia are wrong, according to him.
A kaponya is normally on the street earning a living through all sorts of activities ranging from vending, to washing cars, to loading and in some extreme cases pickpocketing. In a typical dimisive zambian fashion, those that do not agree with us are dismissed with a false sense of satisfaction as a PF,MMD, etc KAPONYA…
d playing at the gallery of or inciting those nationals who have nothing to do with the matter at hand. i do not come from a province bordering drc congo but that should not stop me from demanding to be led by a legal president in every sense. munshya wants to call this tribalism. how lowly! it has been said time and again that this article does not refer to vice president or other position but presidency. it may only apply to guy scott, patel or zukas if they seek that office and not any other. the courts rightly pointed out that this law which chiluba crafted to target kaunda would create problems in future and one of the problems right now is that his friend banda has to comply with it. otherwise as it stands the law is still valid and any arguments to the contary will not stand in the
PF seems to have gone into desparation as most of us have seen that our president Sata has reached a dead end and chances of him going into State House are getting dim and dimmer.
Informative, engaging and educative article. Check on the video of Mr Sata while he visited the UK at zamuk.com Mr Sata called one member of the audience ‘an ignorant adult’. Analyze the video. Is he really a presidential material?
Please LT there must be some real news not the opinions of Munshya
Frivolious and dangerously incompetent political acrobats of political lapers affords. Thrown away with costs while MMD is consolidating the victory match.
What a load of kitchen sink politics devoid of foresight. Proud to be a Zambian and patriot in solidarity with RB and MMD a party of all Zambians.
courts of law. if it was applied to others it has to apply to all.
personally i have very strong reasons for not ever wishing to have sata as zambian president and i have shared them with others and asked them not to vote for sata. most of you are aware of them including his beeing uncultered, un educated, uncivilised, violent, corrupt, dictatorial, tribalistic, too old or even unhealthy and not fit for office. i know he is usind the isue of citizenship to make political mileage.however when it comes to core of the matter he is sp[ot on. just dont vote for him for the other important reasons.
Poor Finishers are laughable losers in every dream.
The misfiled petition is both frivolous and evidence of dangerous incompetence on sata and his league. These are failed political acrobats by political lepers against a sagacious winning RB. Rightly deserve this throw away verdict with costs while MMD is consolidating the victory match.
What a load of kitchen sink politics devoid of foresight. Very proud to be a Zambian patriot in solidarity with RB and his people’s ruling MMD. No wonder every patriotic Zambian says MMD is our party. We are unflinchingly on a victory trail nafuti Nafuti!
#2 educationalist,typical dull pf.u mean u cant read?u just want to shout pabwato as if ure blind,deaf and dumb.mwasebana mwebo ba pf.the case is closed before even the judges confirm it.
Can the writer tell us about his back ground his names are not Zambian
This chap is contradicting himself. He has admitted that RB’s parents had malawins origin but why attack SATA. He should be addressing himself to Article 34 and prove whether or not RB has not broken or breached it. Obama was faced with a similar situation but produced evidence to silence his critics. Also the same article was used against our own KK. So what is special with RB. No one is above the law. My only worry is I see this law being broken again by RB. SHAME PA ZED.
This is an intelligent and well researched article that is above the comprehension of some unlettered individuals. Bo Munshya, well done, well put.
This article is a crack of bull from the MMD. Period!
Whom should we blame for this law?? The constititional review conmmission indicated exactly what Zambians wanted even if the law was not well drafted. This is not just about Sata only ,but also the submissions people made. Talk about that also.
Just a question!How come this whole issue didnt come up in 2009 or whenever RB became Presido?
There is no substance in this long boring article. The constitution is the supreme law and in this case the issue at hand is very clear and does not need the otherwise interpretation jargon of the judiciary. If our judiciary system had some credibility, people would have may given it an ear but we know the current rating of the Zambian judicial system locally and abroad. Horrible!For a candidate to aspire for the position of the Republic of Zambia, he must fulfil three basic and simple requirements: 1. He must a Zambian; 2. Be over 35 years; 3. Must have stayed contionusly in Zambia for more than 20 years 4. BOTH PARENTS, MOTHER AND FATHER MUST OF ZAMBIAN DESCENT OR ORIGIN. RB has satisfied the first three requirements but NOT the 4th point which is is very cardinal for obvious reasons.
PF want the elections to be rescheduled … problem of just talking without doing any preparation!
Matero Boy, the simple answer to your unreseached question is this; No one expected that presidential elections in 2008, I mean our galant late President Levy never showed signs of leaving his good works that early. So when that happen, it was automatic and again according to our constitution, elections had to be held within 90 days. So everyone was busy with selling their party manifests to the potentila voters. The difference however with the 2011 polls is that people having been preparing from 2008 and researching hence these revelation by Milton Phiri that RB is a foreigner in this context of standing as a president candidate. MMD must just find an alternative and shall wallop however it is. thsi is DONT KUBEBA viva Sata, PF 2011. Nipa bwatooooooooo
#62 Bachachitika…………why dont you read the whole constitutions and procedures and precedences?? that 4th item you are talking about was shot down by the full bench of the supreme court in the case Akashambatwa & group vs FJT. Pls do you a favour by reading that whole judgement.
Zambia = Nothern Rhodesia + BarosteLand AND NOT Zambia = Zimbabwe+Malawi+Congo+Tanzania+Botswana+
SA+ Namibia + Nothern Rhodesia + BarotseLand!
If I had a way, I would eliminate all the Pathological Fools (PF) from this world. The chaps are just dull and stupid; they don’t use their brains to think, but their butts. I am so allergic to these *****s; they make me sick!
BO Lupila ka Nyambe, which world? Don’t live inside the box.What do you do when you are allergic to something, avoid or stop it, So get out of this Earth yourself.
the courts have a VERY BIG HOME to do because same article 34 ,two court case before DEALT.
1.DR KENETH DAVID KAUNDA-1996 courts found him not eligible to stand because the was proof beyond reasonable doubt that his parents came from nyasaland.2.CHILUBA( MISRP)
the same courts qaulified him to stand as a presdo because their WAS NOT PROOF BEYOND reasonable doubts that the man claiming to be his dad was born in zaire no DNA TEST results .3 RUPIAH BANDA in 2011-the courts finds proof beyond reasonable doubt that his parents came from nyasaland but how will the courts reconcile the THIRD CASE,it will be a matter of princple and bold decision.it will proof to us if our judges are weak or strong.by the way iam also of malawian roots but both of my parents were born in zambia not mygrpa.
There is a set exam. Instead of the person studying & getting all the materials needed to write the exam they are complaining about the eligibility of the other candidates writing the exam. Guess what that complaining won’t change the exam date. Time is ticking..They are focusing so much on the rules of the exam that they forget to hand in their paper. What is PF’s economic policy in depth to elevate unemployment.What will be their tax regime? Who are the PF officials to be in govt apart from Sata, and what positions will they hold? Basically, how will PF rule if they do come to power? The answers to their exam paper is not being handed in for marking by the people, and the exam date of handing their paper expires soon. Take into consideration PF have a media outlet there is no excuse.
you are a fool.:((
I feel like squeezing PF between my forefinger and thumb like a tick or louse..coz that’s what they are: blood suckers!
I agree with this article on one point only and that is the Supreme Court set the precedence in the FTJ case, however what I would ask is what if it is the challenger’s origins that are being challenged by the incumbent, would the court rule as articulated in this article???
HAHAHA lets wait and see ba pf
Matero Boy@61 and why has the issue of Sata come now not 2008? There is a start to everything. Dora Siliya has been going around drinking beer and having sex everyday insulting and calling Sata gay, why now ask yourself? Spare us the why now issue .
Mwilaposa ishita nabakaponya,bamishangasela.RB NAFUTI NAFUTI.
PF HAVE EVERY CONSTITUTIONAL RIGHT TO DEMAND JUSTICE WHERE THEY SEE CLOUDY ISSUES, MORE SO AS THEY HINGE ON OUR FUTURE PRESIDENT…….SURELY WE DON’T ENVISAGE A SITUATION WHERE WE WILL BE RULED BY A FOREIGNER WHOSE ALLEGIANCE IS NOT TO THE ZAMBIANS……..COURTS ARE THERE TO ARBITRATE, SO LEAVE KABIMBA ALONE!!!!!……YOU MAY DECIDE TO GET TEMPORARLY SOLANCE FOR NOW, BUT THE FACT OF THE MATTER IS MMD IS IN FOR A BIG BASHING THIS SEPTEMBER, COME RAIN COME SNOW, COME SUNSHINE……..NI BYE, BYE POLIO!!!!!!!!!!!!
stop making a fool of yourself sata will never be a president of this country he is just too cruel for a leader
The PF has no power to reschedule the election it is only the president who has the power to anounce the date of election.Once parliament is dissilved it is only the president who can recall dissolved president and he declars state of emergency.Remember that under state of emergency there is no politiking.So Kabimba is wasting time and RB will come out very strong in all these issues.
WHY THE PANIC YOU MMD KOLWES, YOU ENACTED THIS LAW IN 1996 TO BAR BA KAUNDA, ARE YOU TELLING US THAT THIS LAW ONLY APPLIES TO PEOPLE IN THE OPPOSITION, THIS IS OUR WINDOW OF OPPORTUNITY TO KICK THIS INCOPETENT AND CORRUPT KANGAROO BEFORE THE ELCTIONS, IF THE COURTS ALLOW HIM TO STAND, MIND YOU IT IS ONLY 2 MONTHS FROM NOW, EVEN THE JUDGES WILL BE PART OF PEOPLE THAT WILL LOCKED UP FOR FLOATING THE LAW. Who shall ever digeth a pit shall fall in it, this is what the bible say. The memory of 1996 is very fresh in our minds, we were clobbered by the paras when we tried to protest as UNZA students against this law. We might forgive but we can’t forget. Go on Kabimba, pursue this issue. A person who forcefully grabs a sweet or a car shall be charged with the same case of aggrevated a robbery
Great article and very educative,only those with less than 5 brain cells will dislike it.::o
Pf 4th failure to win an election. Bye, bye as Sata expires together with his personal undemocratic PF. A presidential contender who is so full of insults and abusive language. how can he in public behave the way he did at Mulungushi international conference? How can he call some one Chanda Chimbwi just because Chanda Chimba has helped to finish him? viva RB you win again only tame the ancient serpent otherwise it can start a war.
Well researched and written article Elias…keep it up mate.
Part of SATA and Wynter’s campaign money will be used to pay the MMD and RB because their case will be thrown out with cost.
A lawyer like Kabimba should know law better; you mean he learnt nothing throughout his degree programme dispite passing?
Someone says supposing records of passport for RB’s parents are produced? Well, the passport documents would need to be confirmed in Malawi or Zimbambwe, whichever the country affected. The other thing is that finding an Indian with a Zambian passport document does not make him Zambian. The question comes: how did this indian end up with a Zambian passport? If it is found that it was illegally obtained or given unappropriately then the issue is citizenship but an offense pointing to fraud, but remains indian and not Zambian.
Its nice to be a kaponya, it gives you an opportunity to grab the degree of life and survival on the street. President Jacob Zuma is very proud of it and he claims that he has several degrees from the university of life. And people, his performance is incredible compared to the so called presidents with formal university qualification like Wamutarika and Banda
BRAVO MUNSHYA!!! YOU ARE ONE OF THE VERY FEW WORKING BRAINS IN ZAMBIA. LOOK AT THE NUMBER OF INTELLECTUALS PROSTITUTING THEMSELVES POLITICALLY INSTEAD OF HELPING THE COUNTRY UNDERSTAND OUR LOCAL SITUATION. THE TRUTH OF THE MATTER IS THAT THEY CAN’T, BECAUSE EVEN WITH THEIR PROFESSORSHIPS THEY CAN’T REASON. THIS IS INTERESTING AND INSTRUCTIVE MATERIAL WHICH ANY STUDENT OF POLITICAL SCIENCE WOULD FIND USEFUL TO CITE…
#81 TIME WILL TELL – You should be researching people before talking about them carelessly. Jacob Zuma is not as un-educated as you make him out to be. He is not a Lawyer like Mandela, but he is not an i d i o t like Sata. Jacob actually has been to school.
Word of Advise to the ruling party. These thugs ought to be caged before they bring confusion. If they have failed or lost let them just concede defeat than confusing the public.
RB: Muno muchalo muli masilu
It’s a clear article,we don’t need a forensic team to interplate it…even a non law scholar can see through it and be able to interprate it..unless somebody tells me zambia’s constitution can be inteptated in ways that only suits others…and judt echoing what most readers have written,this law was personally made by Chiluba as to stop the then unip candidate Kaunda from standing as president…remember Kaunda was president for more than 20yrs that law never existed..so mmd have themselves to blame for this..there’s no justifying this
What if one is below 35 yrs old. Does he qualify to stand as President? Let those arguing against the parentage criteria provide an answer.
“On Chabala Kafupi, it ruled that indeed even if he claimed to have come from Congo, the fact that he lived in Northern Rhodesia and belonged to Northern Rhodesia he qualified to be a citizen of Zambia.” Can RB please prove this, in fact can all presidential candidates prove this !!! I can prove that my late grand father was ordinarily resident in Zambia in 1964.
Kabimba is punching above his weight and will definitely be floored. The PF had a good opportunity to get a considerable number of votes but their trivia and myopia always manifests. This is the time to show statesmanship and that they are ready for leadership but as the say you can get the muck of the floor but it shall still remain muck. If they were good politicians the could have let an individual pursue this cause just to disturb the MMD while the PF as a party focused on the election and avoided the embarassment of losing in court after making so much noise.
This article should have been written in simple text that the PF could have understood. PFare wasting time and typical of them they are not able to advice Sata. He is not even yet in statehouse!! Only the UN coalition forces would come and tame him.
Recent happens in zambians showed that we lucked president hence the need to find out why this was so.William banda going to the extent to threaten th euse of witch craft in chongwe scared people who expected such people to be arrested.FTJ funerela threats and allow of lies and president showed like for Chanda Chimba hate maeesages .the president did northing so the issue of CITIZENSHIP is serious ly matter which needs no politizasation at all.Sata and other could waved out the issue but because issues like papaer printing being printed in south Africa when when Mulongoti testified that Govt printers hasd even tested barrot paper printing are serious nmatters.we have to conserve some money to invest in education and make it affordable why should zambians money continue externalised?
Sata is also from Tanzania, as you know there is no such a name in Zambia.
Milton Phiri, Zambia’s former High Commissioner to Malawi and Botswana,
claimed that Banda made a false declaration about his parents when running for president
in 2008. Banda has rejected the allegation, explaining his mother and father hailed from
Chiparamba area in Chipata District. Phiri, however, has maintained that Banda’s father was
born in Tukombo Village in Chief Fuka Mapili’s area of Nkhata Bay in the then Nyasaland,
and only settling in Northern Rhodesia sometime between 1963 and 1964.
No wonder RB was hasting to stand for President in 2008, till Teta and Mike pushed knowing that then we didn’t pay attention, no wonder he even promised he will only be president for 3yrs but power is so sweet that he forgot about the trick and decided to stand again think we wont catch up(Kalulu tachenjela mukwibili iyo) ni ka last ka na lengisa
# 93 abcd ,
So from your submission RB then qualifies to be presidential candidate and hence president of RZed.
Jus like in Chiluba/Kafupi’s case, even if RB’s parents were from Nkata bay in Nyasaland If at indpendence they were in Northern Rhodesia, then they because Zambians. Article 34 (3) (b) does not apply to the older generations but may be to our children. This is because nobody who was already alive on independence day became Zambian by birth. All became Zambian by being present in Northern Rhodesia when it was transiting into a Nationa called Zed. Article 34 (3) (b) states that one can qualify to be presidential candidate if:
both his parents are Zambians by birth or descent;
This is different from saying:
both his parents were born in N/Rhodesia.
#95 continued.
This means that the article cannot apply for all those whose parents were already in N/Rhodesia in October 1964. To them, becoming a citizen by birth is invalid/not applicable. Show me one who was in N/Rhodesia in 1964 and became a citizen of Zambia by birth – NONE. Are there people who were born in N/Rhodesia and became Zambians in 1964? Yes, did they become Zambian by birth? NO, they became zambians by merely being in Zambia at independence just like anyone who had just arrived a day before from Angola. This article ( 34.(3)(b) ) will be useful in future generations not for most of us whose parents were born before independence and were in Zed at the time. It is NOT applicable!!!!!!!!.
BA PF MULIMASHILU.NO FURTHER COMMENTS
This frivolous injunction is subject to an instant throw away judicial action. Watch the space as Sata and his Kabimba are again made to waste their Taliban raised funds on a doomed political option. MMD has nothing to lose in such a hollow and dangerously incompent academic acts.
Sata and his PF is the biggest loser of record history. Its another valuable time and opportunity to stay relevant wasted. PF is always settleing for dead-end acrobats devoid of dividends. MMD is in a national wide campaign overdrive. RB and his MMD are consolidating a winning margin that is about to deliver a debilitating stroke on yet to be shocked Sata.
I think most of my friends lack ‘isikulu’, if you did your history you will find that N.Rhodesia, S. Rhodesia and Nyasaland were 3 countries run by one colonial master. Your argument is based on the colonial masters and not where the individual was born because clearly if you were born in N.Rhodesia you become Zambian by birth, its like telling me that Kabila is not Congolese but Zairian…
The PF has never had any direction whatsoever. After making all the noise about being ready for the polls and claiming RB would be easy meat, this captain of the PF canoe is suddenly growing cold feet. I foresee these time wasters boycotting the polls after their spineless petition is rightly thrown out by the courts.
# 98 Mxim
Legally speaking, no one who was born in Zambia became a zambian by birth.
Their is no such legal basis because the only one and single legal requirement was that you are found in N/Rhodesia at independence. Yes your birth might be important for other things but not qualification for becoming a zambian, NO. This is what is troubling POST and PF. They cant understand simple Law, My God.
It is after independence that the issue of citizenship by birth and discent can into play; please understand simple interpretation of law. that is why you keep losing simple issues in court you guys, PF what is wrong kanshi???
Good notes for Civics pupils by this Munshya, who never knew his father so just called himself as Munshya-wa-Munshya.
# 98 Mixm walasa thats a good point. clearly there is nothing wrong in question RB parantage, all kabimba is doing is to protect the interests and cofidence we Zambians have in our constitution, so in this case if Rb was born in sourthern Rhodesia ( zimbabwe) during colonial days, therefore RB is a Zimbabwean by birth and infact his parents are not Zambian either. Even in the USA Obama citizenship was quesioned until he recently produced his USA birth certificate and up to now some native Americans dont believe that Obama is an American by birth.
Useless reading from this confused chap as usual. The issue is black and white and all is needed is proof. RB has hired expensive lawyers to defend him while all he could have done is produce proof to the contrary.
Zambian English was used to write Artitle 34. Next time have a version in Bemba , Lozi, Tonga Nyanja and British English !
both parents should be zambians for any presido candidate.Then we are told that the cot has change the all constitution even if the judge is bribed to do so.Kafupi was in a dubiuos way and the presidence was set.this what ba munshya balelanda.The constitution and the cots are rubbish they serve no purpose in the country if the cot is above the and not to make sure that they are followed .
Ati the court has asked both parties to put it in written.The case will come up next week .Yakosa for RB,because now people will think his not a Zambia until the case is over.More votes to HH.tHE MORE THE COURT PUSH THIS MATTER FORWAD THE BETTER FOR KA HH.
sorry the court has NOT THROWN OUT THE PF VIS RB CASE PER THE WISH of some my learned friends.I see problems coming,let vice president Kunda stand by.Well that is why the party MMD has no VIP.THE MAN NEW THIS WAS COMING.kAVINDELI Ale belamina for the position then Sakwiba VP for MMD.
Its all gravey, ba Harabee just produce your birth certificate and squash the bickering. On a normal birth certificate it will list the parents nationality.
Its one of the greatest and most revealing articles on Zambian issues I have ever read.I hope PF Kaponyas would read it and also SOME Bembas who accuse others of being tribal.
#107, I am not aware that the court has stopped RB from lodging his nomination papers either. The case is going up a blind alley, mate.
Ba Munshya kindly comment on the fact that it is the same Constitution that FTJ used to bar Kenneth Kaunda from standing. What was the interpretation of the law then?What’s difference between then and now? Documents are there to prove that) parents were not Zambians and never held any Zambian IDs. What you r explaning seems to be based on some hope that there are no documents to prove this petition. Explain to everyone the KK scenario please
RB has produced two bumper harvests. This has raised the pride of Zambia, he does not need relief food from Oxfam. RB has used copper money to refurbish our infrastructure and build new ones schools, hospitals, roads etc. RB has restored the dignity of Zambian on the local and international stage. If RB is Malawian then PF has to show in court that RB has taken half of our copper money to do the same in Malawi. Agony ba PF, :-) :-) kikikikikikiki hehehehehehehehe!
KAUNDA (KK Wamuyaya!) was barred from standing in 1996 by the same CONSTITUTION because his parents were not ZAMBIANS by BIRTH or DESCENT I think the Law should apply uniformly to all. The parentage of President Banda should be ascertained so that we can all be satisfied that the president is eligible to run for office under Zambian Laws. Its not about hatred but just the concern that Zambian Constitution is upheld.
#103 Mwiponta Mukabwela, ‘Native Americans’ are not the people doubting Obama’s citizenship. The term ‘Native American’ is a term used for Red Indians in all of the Americas i.e North, Central, and South America. The Indians are the ‘natives’ of the Americas. It is their motherland. Everyone else i.e Whites, Asians and Africans are immigrants voluntary or otherwise. The people who are questioning Obama’s citizenship are redneck or racist whites who think the USA belongs to white people of immigrant stock (sic)
Check out- Basakala Nyonga on youtube. Donchi Kubeba.
So this is the PF’s strategy? If we thought that the PF have a well-thought-out plan for the ‘famous’ 90 days, then we are all dreaming. It begins to make sense now. The plan is: Stop RB from running; Sata wins by default; undo the recent NAPSA and Zamtel scandals, and, hey presto, Zambia is returned to sanity!
Did we really think the PF would release all political prisoners, remove OP officers from public media premises, abolish the post of DC (or is it DA?), restore windfall taxes on the copper mines, force the Chinese to buy safety boots for their mine workers, and bring the cabinet minister count down to a more normal 25? Do we believe that Winter Kabimba running our legal system is a good idea? What were we thinking?
@113, Now I understand why RB wants to eradicate illiteracy in people like you. How many times do you need to be told that in 1996 the Supreme Court ruled that KK was a Zambian and entitled to stand? That had he lodged in his nomination papers and not boycotted the elections, his nomination would have been accepted as valid? Ba PF when are you going to learn to read? Knowledge is the only way to survive in this world, otherwise you will just bounced here and there and your face smeared with butter by PF and Post, with no respect for you.
Question: It has become suggestive that RB’s parents hailed from Malawi.By the interpretation of the spreme court of article 34, were RB’s parents domiciled in Northern Rhodesia on 24/10/1964?
Mr Kabimba is indeed a joker and lacks the competence and strategy that is expected of a secretary general. Mr Kabimba will be remembered as a major exponent in the politics of “ichimwela” – the kind that do not represent true change.
PEOPLE PEOPLE! KK was never barred by the Courts. KK boycotted the elections. The Chiluba Petition Judgment showed that had KK decided to file nominations he would not have been barred. Are these simple facts to difficult to understand? PF should wake up and start campaigning rather than embarrassing themselves in the courts.
If by some fluke Kabimba’s action succeeds I can see the UPND immediately filing a replica case against Sata asking him to proove he is not from Tanzania. PF is setting a trap for itself. Maybe Wynter wants to skillfully eliminate Sata from contention so that he stands as PF Presidential candidate.
Munshya you missed the point and inappropriately addressed kabinda. The issue of parentage was probably ruled in favour of FTJ in 1996 as he was the incumbent president.
The intention by parliament and FTJ to enact such a law is very clear. Someone who does not have zambia/N Rhodesia blood can not be patriotic enough to defend and enhance the value of zambians. So by interpretation, they did not include adopted foreign children or anyone whose blood cannot be traced to zambia/n rhodesia up to the second generation. Parliament intention was based on the need for a patriotic president and to protect the unintelligent zambian voter who may cast his vote for a wrong popular person. eg why do we set the age limit to 35 if voters cannot vote for a young person? In UK u can stand but not win
BA NKUPI. You obviously have not read the Chiluba judgment. It clearly states that even if Chiluba’s parents had been from Congo (Zaire) it would not matter so long as at 1964 they were “connected” to Northern Rhodesia. That connection could be as nebulous as merely living in Northern Rhodesia at the time of independence. Read the judgment so that you do not expose your ignorance.
wether you read it yourself or i read it is immaterial, the point i raised is that the intention of the law makers is that a president must have blood of parents whose origin is zambian or northern rhodesia. Therefore, the ruling in FTJ’s case might have been taken in his favour due to suffient evidence that showed that he originated from congo. Being the incumbent president he won the case even when the supreme court knew very well the intention of parliament. Before a law is enacted, there is a bill which is discussed and it stipulated the intended reasons from a layman’s perspective and then the lawyers code into law.
I wonder why this Munshya wa Sebana gets the time to rave off such monumental mountains of utter bunkum. Not even a pit latrine dating back to the boy King Tutankhamun would be this gutless in terms of the volume of excrement it could puke off from its bowels. Only in Zambia could such stinking and shameless skunks of the worst odour persist and thrive on an unlimited supply of press freedom oxygen. The wicked feeling of nausea coming across his literature bile is so overwhelming, just how could the good lord god almighty endower his own creation with such an immense wealth of s’t’u’p’i’dity!
I find the above article full of propaganda and with very misleading assumptions.
The fact we should know that whatever nationality RB’S PARENTS were, the citezenship could only have been acquired ONLY AFTER DENOUNCING their origins legally i.e. Fill in a form and swear before a commissioner of oaths.
Did Rupiah’s father do this very important procedure? If not then they did not legally become Zambians.
The author should lecture us with all facts taken in. Not half baked stories written on 20 fullpages to confuse us.
There are good lawyers and bad lawyers just like there are bad watch repairers. The author is full of wind and is only interested in dividing us with wappedthinking..
Well,this is one example of FTJ’s solutionless problems he left behind.The man was so dull and crooked that he made his equally dull MMD MP’s pass the so called “Parentage clause” into Zambian law.It does not matter whether the Supreme court did not agree with it then.The fact is that it is the law in Zambia. RB like anybody else should follow the law.
am tanzanian and sata is my uncle. i wonder why he is so desperate. i wouldn’t be surprised if he dies from heart attack upon announcing the winner. i want change but definitely not sata. i therefore appeal to zambians to reject sata. sata mislead chiluba on a number of issues amending the constitution to bar kk, third term and the same man is even promising you the new constitution what a shame.
Pathetic Front
Munshya wa Munshya’s article appears to imply that at the time of transition from Northern Rhodesia to Zambia, everyone who was ordinarily resident in the territory became Zambian. How absurd! There were foreigners at the time and they remained so. All it means is that if you had any claims to being Zambian by birth or descent or ancestry, you were not affected by the change of political landscape. The question still remains – could RB’s parents claim any Zambian connection through birth or descent? If they were born in Malawi or Zimbabwe and just happened to be in Zambia because they were looking for work, Zambia’s independence did not automatically confer Zambian citizenship on them. The problem here is whether we can disregard laws for current scenario or uphold them as they are..
Bwana Munshya wa something should realise that Zambian Laws are … made by Parliament. The courts just interplate the law, not to pass Laws and thus the banana arliament has been populated by half baked Mps who should have address the short coming of that foolish Law. G Kunda, S Nkone and others so called Lawyers who have served in the MMD really seen the inside of Law school?
Blood is thicker than water. Someone who does not have the blood of a zambian or a northern rhodesia native cannot be patriotic enough to defend and rule zambian. This is a fact of life. When the pressure increases, a foreigner will back off. He has nothing to lose. patriotism comes first.
The supreme court ruled in favour of FTJ in 1996 on a technical loophole by pretending that they didnt know the intention of parliament when it enacted clause 34. Parliament had kaunda as an example who with all the billions zambia had, there was no progress for its citizens for 27 years except the liberation of foreign nations and favouring of easterners with strong malawian origin.
Even Jacob zuma won a rape case on a technical loophole. Judges can always swing the case to suit the what they think.
Kabimba is dull dull dull. He is frivolous and dull.
Nonsense; concentrate on telling us what your parties will do to the problems our people are faced with today and not this useless debate.
AUTHOR WROTE ABOUT HISTORY INFLUENCE OF MALAWIANS ON ZAMBIA & EVEN MENTIONED BANDA’S MALAWIAN PARENTAGE. IT’S NO SURPRISE THAT THE AUTHOR WHO CLEARLY HAS A SOFT SPOT FOR MALAWI. IF HE FEELS GUILTY ON BEHALF OF BANDA, HE’S FREE TO MOVE BACK TO MALAWI BECOZ WHEN WAR BREAKS OUT BETWEEN MALAWI & ZAMBIA, HE’LL END UP GETTING SPLIT. U CAN’T HAVE UR BUMS IN ZED WHILE THE REST OF THE BODY IS IN NYASALAND. KK, BANDA & FTJ WHO R FOREIGNERS DID MORE HARM TO ZED THAN GOOD. LET SATA ALSO DISPROVE THAT HE’S NOT A MWACHUSA FROM TANZANIA
Under 5 Law graduates represent PF. Bazalila pa Monday. Njala yabanyokola ma loya ba Sata.
Mu Zambia muli mafara beka beka. 46 years after independence they cannot make a constitution and the one they have have problems of interpretation, yaba. Tu ma iodine deficient Cretins twalifula sana munganda ya malamulo. Reading the blogs here, the numerous spelling and grammatical mistakes abounding make me write in vernacular now.
Here is an example of ufara.
Reported in the Saturday Post (6 Aug 2011)
“PF leader Michael Sata said all the presidential aspirants were not equal with regard to observing the Electoral Code of Conduct because President Rupiah Banda could corrupt and get away with it since he enjoyed immunity from prosecution.”
This man was once no. 3 in Zambia and he does not know what Presidential immunity from prosecution encompasses. The President ONLY has immunity when he acts ON BEHALF of the country in HIS capacity as head of STATE. In elections, he is acting in his own capacity and for his sponsor the MMD. So he is sueable.
Oh, how I love blogging on weekends, when many people have no computers and internet access when not at work! I am all alone here now. Zambians who blog at work are stealing their employer’s time.
“A drowning man tries to hold on to a floating leaf as a means of keeping afloat” This is exactly what Micheal SATA and his Kabimba are doing. They are trying to hold onto anything that resembles an axe with which to axe RB from state house. Clearly this is an act of desparation on the part PF in general and SATA in particular. Insteady of campaigning these desperate souls are wasting time and their money on flawed cases. Their colleague is busy campaigning, telling Zambians what he is doing for them. This is a retirement year for SATA. RB will retire after SATA.
8-| UTTER USELESS ARTICLE. Use your time well young man instead of writing baseless articles;the lawyers you consulted must still be in school.
Well it is really up to President Banda and not Kabimba to tell us how his parents acquired Zambian citizenship. Chiluba’s case might not be on all fours with Banda’s. Politically though PF is kickinig a man who is down and almost out. The public might not like it.
its beautiful to know just a bit of law.is it through a writ or prayer and which court do you commence serious constitutional questions or interpretation.”high court or supreme court”
@143
The burden of proof is on the accuser. No Zambian if any born before 1964 has a birth certificate so we all swore an affidavit of birth. This is accepted as proof in Zambia, so if PF has other evidence they should bring it to court. RB by law is not obliged to say anything.
This exercise by pf as Munshya has very well indicated has only one destination-OBLIVION
The only thing that PF lawyers took up in Law school was space.
Please ladies and gentlemen, I want to support PF but please give me good reasons to do so. So far there is nothing that persuades me to support any other party. PF has no substance but hot wind from Sata, smooth talk from Scott, rantings from Kabimba and mumbles from Given, ceremonial posing from Inonge and that is it. The Choma party is just HH and no one else, even the learned Prof Chirwa has disappeared into oblivion. Miyanda and Nawakwi are plants that shoot leaves once every 5 years, when they have been paid, the others do not have any legs, just big heads like humpty-dumpty.
THE SAINT, the MMD has space for men of substance like you in the development period 2011 – 2016 to help sustain and consolidate Zambia’s economic gains so far. If you are not already inside, just knock and come on in, you are welcome.
This ignorance from the PF kaponyas threatens me, no wonder your presido could not even write minutes properly as indicated by late FTJ when he was MMD secretary general. Where were you in 1996 when UNIP and KK boycotted the polls? Most Easterners came from Congo entered Malawi, settled there for some time and came to settle in the eastern Zambia and became consequently became Zambians in 1964. Learn to research otherwise our country may be entrusted into Kaponya hands who have no direction and vision for our country. Even myself grand parents hail from Nyasaland but I am Zambian and eligible to be president. Some of my relavies are in Malawi.
During third term campaign, one man fought hard to apiece his superior even when he knew that it was not workable but he thought that by pushing that agenda his superior was going to reward him by leaving him the mantle. LET US NOT TOLERATE THIS VICE OF WHO IS WHO. ONE ZAMBIA ONE NATION. PF IS LOOSING TIME TO CAMPAIGN THROUGH THIS PET ISSUE BECAUSE RB WILL FILE HIS NOMINATION SUCCESSFULLY AGAIN SINCE IT IS THE SAME COURT WHICH PASSED HIS EARLIER NOMINATION IN 2008.
Poor Fans! Zambia came into being in 1964 mwe banthu. RB’s parents were not born in Zambia neither were sata’s. Can president sata tell me what he has in offer for me than telling me about Banda’s parentage and nationality. Issue-based campaigns ba sata twapapata. Advice – pick a new SG who is learned.
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