There has been a lot of talk about whereabouts of President Sata.Rumours are flying around that our President is ailing and perhaps on his death bed.There is unsubstantiated talk that Fred Mmembe is calling the shots behind the scenes. Both rumours are very disconcerting for Zambians.To make matters worse our leaders are not saying anything about it.But I guess even if they did say anything we would not believe them after the embarassing blunders they made last year in March and February this year when they tried to keep secret the Presidents trips to India and London for medical treatment.
However,I’m not sure what really is the truth but I thought it worth while to see what our constitiution says and see if it addresses the issues being raised in the rumours.
[pullquote]According to my understanding if Cabinet does not raise the issue of the Presidents health and capacity to discharge his functions as president
there is nothing ordinary Zambians can do about it and the President can appoint anyone -even Fred Mmembe to run the country on his behalf[/pullquote]
Article 39 Discharge of Functions of President During Absence, Illness,
(1) Whenever the President is absent from Zambia or considers it desirable so to do by reason of illness or for any other cause, he may by direction in writing, authorise the Vice-President, or where the Vice-President is absent from Zambia or incapable of discharging the functions of the office of President, any other person, to discharge such functions of the office of President as he may specify,and the Vice-President or such other person may discharge those functions until his authority is revoked by the President.
(2) If the President is incapable by reason of physical or mental infirmity of discharging the functions of his office and the infirmity is of such a nature that the President is unable to authorize another person under this Article to perform those functions
(a) the Vice-President;
or (b) during any period when the Vice-President is absent from Zambia or is himself, by reason of physical or mental infirmity, unable to perform the functions of his office, such member of the Cabinet as the Cabinet shall elect;shall perform the functions of the office of President:Provided that any person performing the functions of the office of President under this clause shall not dissolve the National Assembly nor, except on the advice of the Cabinet, revoke anyappointment made by the President.
(3) Any person performing the functions of the office of President by virtue of clause (2) shall cease to perform those functions if he is notified by the Speaker that the President is about to resume thosefunctions or if another person is elected as, and assumes the office of, President.
(4) For the purpose of clause (2), a certificate of the Chief Justice that
(a) the President is incapable by reason of physical or mental infirmity of discharging the functions of his office and that the infirmity is of such a nature that the President is unable to authorise another person under this Article to perform those functions;
(b) the Vice-President is by reason of physical or mental infirmity unable to discharge the functions of his office:shall be of no effect until such certificate is verified by the National Assembly:Provided that any such certificate as is referred to in paragraph (a) shall cease to have effect if the President notifies any person under clause (3) that he is about to resume the functions of the office of the President or if another person is elected as, and assumes the office of, President.
Article 36 Removal of President on Grounds of Incapacity
(1) If it is resolved by a majority of all the members of the Cabinet that the question of the physical or mental capacity of the President to discharge the functions of his office ought to be investigated,and they so inform the Chief Justice, then the Chief Justice shall appoint a board consisting of not less than three persons selected by him from among persons who are qualified as medical practitioners under the law of Zambia or under the law of any other country in the Commonwealth,and the board shall inquire into the matter and report to the Chief Justice on whether or not the President is, by reason of any infirmity of body or mind, incapable of discharging the function of his office.
(2) If the board reports that the President is incapable of discharging the functions of his office, the Chief Justice shall certify in writing accordingly and shall table such certificate, with the report of the board before the National Assembly who shall on a motion, passed by a two thirds majority
(a) ratify the decision of the board, and thereupon the President shall cease to hold office;
(b) reject the decision of the board and cause a further inquiry into whether or not the President is incapable of discharging the functions of his office and shall thereafter decide on such questions by a two thirds majority vote, which decision shall be final.
(3) Where the Cabinet resolve that the question of the physical or mental capacity of the President to discharge the functions of his office shall be investigated, the President shall, until another person assumes the office of President or the Board appointed under clause (1) reports that the President is not incapable of discharging the functions of his office, whichever is earlier, cease to perform the functions of his office and those functions shall be performed by
(a) the Vice-President;
(b) in the absence of the Vice-President or if the Vice-President is unable, by reason of physicalor mental infirmity, to discharge the functions of his office, by such member of the Cabinet as the Cabinet shall elect:Provided that any person performing the functions of the office of President under this clause shall not dissolve the National Assembly nor, except on the advice of the Cabinet, revoke any appointment made by the President.
(4) A motion for the purposes of clause (1) may be proposed at any meeting of the Cabinet
According to my understanding if Cabinet does not raise the issue of the Presidents health and capacity to discharge his functions as president
there is nothing ordinary Zambians can do about it.Worse according to Article 39 (1) the President may appoint anyone to carry out his functions.This is if the Vice President is incapable of carrying out presidential functions. Now we know that Guy Scott is incapable of carrying out Presidential functions since he never even been allowed to act as President.In that case President Sata can appoint anyone -even Fred Mmembe to run the country on his behalf. Tell me this isn’t true and I have misunderstood the first paragraph of Article 39.Tell me Zambians didn’t put such an open clause into the most sacred Law of the Land!Are you kidding me -Anyone can be appointed?
So basically people its actually none of our business if the president is sick or dying and its none of our business if Fred Mmembe is now ruling us! As long as Cabinet doesn’t challenge the Presidents health status there is nothing we can do.
My conclusion is we have a really dumb Constitution.All along I thought the constitution was a powerful document, carefully worded by Zambia’s intelligentsia, Zambia’s creme de la creme but this doesn’t seem to be the case.Day in day out we see simple Grade 12 school leavers being made policy makers in our country.We have an embarrasingly low calibre of Mp’s in parliament.I urge Zambia’s creme de la creme,Zambia’s intelligentia to wake up and be part of shaping the countrys future.Give your input into the new constitution that is being drafted.I end with a quote by Edmund Burke All that is necessary for the triumph of evil is that good men do nothing.
By Patriotic Zambian
Intersting…..!
Ba Patriotic zambian you are so not patriotic, you are the same people who are spreading these unwarranted rumours, you are the same chaps who want Sata dead, hence you not mentioning your true identity in this stupid article.. if you were not one of them I challenge you come out in the open than hide behind patriotic zambian, answering your questions about Sata, what exactly do you want to hear..that his is on his death bed..? and then what..? you are scared that Fred will be appointed Presido..? what is your main fear here..? only slow low lifers can believe that Fred is calling the shots I for one can not and will not believe such trash coming from trash cans… get a life…stay blessed
we are with you in prayer our President,may God heal you and grant you long life to implement everything you promised,if you could think it then you surely can do it. God bless !!!!!!!!!!!!!!
HHs was on radio yesterday, and he raised pertinent issues including the PF agriculture mismanagement, but that according to Katele is shallow. HH has explained to the PF what he thinks they should do to fix some of the problems dogging this country, he explained to the PF how they should have handled the Minimum wage issue, and Katele thinks these are shallow politics. HH will not stand on a pedestal and issue praises, HH will not bow before Presidents like Katele did to Mwanawasa because HH is a self made man.
As though that was not enough, Fred Mmembe writes another of his editorials in his paper and calls HH as chameleon. Again that does not surprise, Mmembe in 2010, vowed never to cover UPND.
The man lacks principles, the man hates Hakainde to the core, if killing someone was legal in this country Mmembe would have long killed HH. His hate of HH is unbelievable. HH has been on UPND for 7 years and he has not got the Presidency, we know that what about people that were there for 10 years and 4 attempts and had no convention. HH is going nowhere if that is what Mmembe is hoping for. HH is being made popular by the day just compare his public appearances prior to 2011 and post 2011, everyone says “YOU TOLD US SO”.
We advise Fred Mmembe to just start rebuilding the reputation of his newspaper which has gone down.
@Big L, what point are you trying to make? Please try to be a little analytical so that we can perhaps see your point of view otherwise yours is simply cheap playing to the gallery. Whom are you asking these questions without saying anything in defense of those questions?
What is that poking in the pocket of the president’s suit? Is it not the ‘urinal’ we have been told about by Watchdog? I wonder if the president wud put something that heavy in his pocket? Just wondering
There is nothing interesting in this article as it is pure speculation garbage! HEMCS was busy today in state house discussing the Senior Chief Nkula saga with the chiefs’ entourage in state house in a very aggressive tone. He is as aggressive as ever and no Fred Membe would tell him what to do!
@ Big L. Is that why you to have not used your real name? Perhaps “True Patriot” learnt from you. OOps watch that log in your eye, you might hurt someone with it!
Bupe@ 1.3 The question the Post Editorial asks is “Why president HH has changed his opinion on Mr.RB”. President HH called President RB corrupt not long ago but he is now siding with RB hence the chameleon tag. Would you care to explain on his behalf this sudden change of position instead of shooting the informant ?
Please dont mistake me for someone up to mischief i am just a keen follower of news.I read on the Watchdog that the president is carrying something in his pockets for medical purposes.I cant help noticing the bulge in our beloved president’s pocket.Can those in the know please comment.
@Mailoni, perhaps it’s an i-pad of some sort…
@Big L; is this a case of the kettle calling the pot….? How dare you ask the author of the article, Patriotic Zambian to use his true identity when you yourself signs off as Big L. No one uses “Big L” as a genuine moniker.
Yabaaah…give it to the most learned watchdog also to read since they cant find it…its a mess!
and your point is?
By the way, how is Rupiah holding on on the other side..? my gut tells me he wont walk…
Oh, no! It is true! At the first, I thought that people are just being funny, but now I can see it. Our President is NOT well. Look on the right thigh, there is a bulge there which is definitely a urine bag. He is catheterised and from his looks on this picture, he is not comfortable. Lets us pray please that we do not have the misfortune of burying THREE Presidents within a decade! BUT MR President we can only pray if you tell us the truth.
Which urine bag ba shimwana imwe? An adult can urinate almost 1 litre of urine/cy. Could that buldge be equivalent to 1 litre? Mina mavi bangweele imwe.
You are just used to having presidents who live in the media.
Tell them brother, HEMCS has also got his style of rulling this country. And here is this chi so called Gen miyanda who lives on his wife orpanage asking HEMCS to call for a press conference, for what? How many press conferences did chi RB call and what came out, only tantrums. Let HEMCS do his work.we will judge after his term expires
Chi Zemumtu; for your own information, General Miyanda is by far a more accomplished leader than Sata. The careless mouth of Sata and his misplaced political charisma is what hoodwinked people like you into voting for him en masse
Its true that bulge on the right could be a urine bag.Surely if the presdient is incapacitated its in the best interest of the nation that a board is constituted to investigate.Look at what happened to Nigeria when they hid late Umaru Yar’Adua’s illness .His advisers enjoyed months of power under the “invisible presidency,” including a forged signature for the release of supplementary budget.We shouldn’t allow this to happen in Zambia.
No my friend ! Those are spectacles which he always carries.
ba ckikala a urine bag in the pocket? fools *****s
What if he is “catheterised”? For your information, any adult male of forty and above can have complications with prostate.
My father was diagnosed with prostate cancer when he was 94, had his surgery and he is now 99. For which as a family we glorify God and thank a well able surgeon on the Copperbelt.
There is no shame in being ill through no fault of your own. It is also unreasonably insane to discuss and make big issues out of people’s illnesses. It is very sad that the so-called educated people are the ones leading the attack against sick people.
If President Sata or anyone else are sick and have asked for your help by telling us about them, then go ahead. Otherwise stop these bad manners and grow up!
But why was he (Sata) demonising others??? Chiwamila galu kuluma mbuzi………!!!!
No, Chiwamila Mbuzi kumenya galu, ngati galu aluma mbuzi ti mutema mwala. At the end of the day, only God knows when each one of us will die.
Please direct the Middle finger Cabinet
He should be fine. I spoke to George this morning. All is well. I must admit I did to speak to His Excellency himself, but my good friend George assured me that all is well.
you fools… thats his cell phone! continue dreaming and thinking sata will die!
thats a cell phone for real, even if it was whatever these clowns think it is what would they do, they do not deduct years from anyone let them hand man..no worries Sata is well…
i have never seen a cellphone which has an irregular shape. we dont know what was in that pocket to suggest that it was his handkerchief would probably be appropriate NOT a cell phone
I was about to say that a sizeable mobile phone like the Samsung Galaxy Note two, put in certain trousers’ pockets will look like whatever some people want to see or imagine.
That may well be a mobile phone as you have said, or even a handkerchief.
People should stop peddling lies.
My name is Taking Over, and I say ka jilijili in the president’s pocket… End of argument.
well, well this really sad to hear. if is true that he is not fine let us know so that we put him in our prayers. may God the almighty intervene save his soul.
And who do you think is going to tell you?Mmembe?
Even if HEMCS drop died today, HH tribalist will never succeed him. Muchinga, Luapula, Northern, Lusaka and Copperbelt cannot vote for this tribal inclined leader, HH. Another leader withing PF ranks would emerge.
Malikopo please spare us the nonsense.I am bemba and i would be the first to admit that the president has done a very bad job in unifying the country.HH may have his faults but i dont think that should allow you to ignore the log in your eye.
Dream on
And you think the western half as well as eastern province will allow you to continue dividing our beloved country as your Ukwa has done? My friend spare us that tribal crap about HH and leave him alone forthwith. We all know, including you, beyond reasonable doubt who the real tribalists are. 12 out of 19 cabinet ministers from one tribal grouping, two NEW universities in one remote province, 90% of Heads of govt depts and diplomats from the same tribal grouping!!!!! This has never happened in our beautiful country. What would have been your reaction if that was done by HH?? Never again are we going to be tricked by the real tribalists. I’m now with HH period!!!
Big L,
These are not just rumours. Where is the President? Why can’t he come out and shame these rumour mongers? what is so difficult about coming out? Is it wrong for anyone to suggest that the President is sick and unable to move if he can’t come out in the open? I do not wish him ill health but an ilness should be declared so that people will know where to start from with prayers and not the way it is being handled. The President is a Human Being and is bound to fall sick at some point but this does not mean that people should hide it.
@ Kims and if he comes out wont that be as if giving in into pressure.?
you are just a fool
There is indeed something fishy about the President’s erratic public appearance because even the likes of Kennedy Sakeni, George Chela, Winter Maize, etc, have remained numb about the issue. They have lied too much and for too long and so they don’t know what to say and how to lie again!!
Ba Patriotic Zambian is very correct the Prsido is sick and am ruling the country
Even if he dies today..he will die with honor and respect.he has finnished his race of becoming a states man.Take a breath and then compare Sata to your Father.who is doing fine and has authority to fly a first class plane of a head of state.
Haters….you just waste your time to work hard and achieve something for yourselves and your poor families.Full stop!
Its game over for Sata. Sources from State House say he is glued to his bed now. Now3 he has even started bleeding from the bladder. His urine is mixed with blood. The sooner you accept it the better for you. Sata is just a mortal man, you Bembas thought he was a god.
You must be sleeping, this news is not new!! The fact of the matter is that Sata is ailing and the nation needs to be prepared for a calm transtion.
let him be impeached on medical grounds..period..
Rumors are all over, Let Noise Maker Sakeni, tell us the truth. Sad if the President is not well. We can only wish him well. Let him resign. Plot one has a lot of pressure. NOT EASY OOHHOO. In case of the worst to happen, let this be lessons learnt and we should choose Younger able Leaders. Presidential Role is hectic. GET WELL SOON MR PRESIDENT
Big L, it’s not giving in to pressure. It’s assuring the nation that the President is in good health and that those rumours are baseless. Keeping quiet will just justify these claims. The President missed Palm Sunday when he is a die hard Catholic. What explanation can one give to this absence? All the Catholics celebrated this except him, did he celebrate this mass at state house for the First time? And if he did, why didn’t he join the rest of the Catholics at Church? Could this be because he is unwell?
WALASA MWANA, VERY TRUE , I forgot about Palm Sunday. Our president is very religious. WERE WAS HE? HATES TO SEE POLITIANS LIE YET HE IS HUMAN, HE CAN FALL SICK ALSO.
“In Bemba we say, ubulwele bwa mfumu li tensha chalo (when a chief is sick it affects the whole nation). So they can’t keep our President’s sickness as a secret. When the late Pope John Paul II was sick, the whole world was informed on an hourly basis on his condition until he died. Even on Ariel Sharon they have been updating us,” Sata said.
NDELOLESHAFYE
Umwana alanda pamfwa nobulwele bwamubiye pachintu bwingi ena temwana iyo.Whoever wrote this crap chinangwa sana.Ala ulichakuposafye yewe.You should instead pray for the man.You are the type that starts dividing assets while the owner is not yet dead but just on the death bed.Ba kambwanga !
GOD is great, watch this space! “The fear of GOD is the beginning of wisdom!”
Who promised to govern this country on ten commandments?
And Mr author of the item, are you a Member of Parliament with all your degrees, or are you not? If you are not, please don’t leave law making to grade 12’s by becoming an MP yourself. Come out in the open to campaign for a Parliamentary seat in Zambia, not forgetting to tell the nation that one of your qualifications is a uni degree in something.
Sata was so vocal and sarcastic about the late Mwanawasa’s ill health and now he is reaping what he sowed. He talked about Mwanawasa’s health at every opportunity. Let him come out of his hibernation and lead the country. His spokesmen have now run out of what lies to bark about. There is no shame in being sick, just come out in the open and the rumours will cease.
Iwe George Chellah tell the nation about the health of the President, why are you quiet now?
Nobody hates ba Sata. You can fool some peopole some times, but you cant fool all the people all the time let alone God. Those who live by the sword should expect to die by the sowrd. I am not the one who coined this phrase God did. All you have to do brethren is to rewind on ba Sata’s campaign lingo and you will agree with me that from there comes his living nightmare. He has to swallow every one of his words and thats too much lingo for one man to swallow. Actually I dont really blame ba Sata. I blame Zambians who swallow hook line and sinker garb from Politicians and now the Media. Lets reflect and do the right thing next itme round – vet leadership using the values given to us by our Creator.
..and not those given to you by our hungry hyena…
it puzzles me to the bone, when the presido is all-over, u complaim, MCS decides to spend most of his time at Nkwazi house ” the place he worked for all his life” ku again speculate…..Guys HH is now confusing u and i think he has started getting into yo blood streams……..dont be swayed, pay attention to the bigger things the Gvt is doing like prosecuting RB to ensure that the rooted money is back into yo pockets as per Pf promises…
What goes around comes around!
Sata is about to die……
will see if and if you are wrong..? may God help you
uuuuuuhhhhhhhhhmmmmmmnnnnnnnnn chabipa mwe, i think there is no smoke without fire. If pipo in govt can say Sata is sick the we can hold overnight prayers for him so that God can spare his life but if they remain mute how can the clergy and others pray for the good PRESIDO??? Let Sakeni and ka Chella tell us the truth…
He is fine! Even today he was busy balekakasha bashi Lubemba over his decision to ask Senior Chief Nkula to move out of the palace until after the burial of Chitimukulu. However, the royal family are suspicious that he wants to appoint a politically favoured man Chileshe Ulaya who is chief Chewe, cousin to Nkandu Luo and who is not in the lineage for Senior Chief Nkula. I am telling you, he loves playing dead (Stay quite at Nkwazi house) and resurrecting (flying out or making some very off the cuff comments).
I am most saddened by the interference of the state in the Bemba chiefdom succession, which normally is a role reserved for Bashi Lubemba (Bemba elders based at Chitimukulu).
i believe haters you can now rest in pieces my president’s pictures are all over your foolish online medias
Empty heads any can fall ill at any given time. Lets not make one’s illness a joke. Illness is a natural process. We are captives of illness of all sorts and if one does not pull through then death is final solution.
you should have said ’empty tongas’.
Iwe, the President is sick. Why can’t you accept such a plain fact?
No matter how much you wish Mr Sata death it will never happen. Just accept that he is the current president of this country and managing the affairs of this country well. He has a different management style as compared to the other ex president. He is a chief pilot. The fact that you do not see him frequently on TV does not mean that he is sick. He is working. He does not want to come on TV and start bragging that he is doing this and that. Self praise stinks. Lets learn to love one another and wish the president good health and long life. Do not be evil by wishing bad things on your president. Lets pray for Him just like the bible says that you should be praying for your leaders.
tongas have never known how to love any another tribe apart from their own.
just try to befriend one or two and you will know them.
the problem with this tribe is that most of them bakulila kumushi and only came to town in their prime after senior education.
they suffer from this incurable disease called ‘INFERIORITY COMPLEX”.
hungry hyena -hh- included.
in those national service days, we used to call them ‘maggot ridden and imusho’
A stubborn bed bug followed the corpse to the grave. I do not wish our president ill-health but again I don’t subscribe to the current pretense in the PF camp that all is well when the opposite is very true. You can’t pray in a vacuum. let the govt own up and tell the truth for once. Call me anything or even insult me if you want, this is just my opinion.
Zambia would be a rich country if rumor-mongering was a product that we could exchange for cash. Other products that would sell well along with this would be by-elections due to resignation from one party to another, injunctions against being disciplined and many more unproductive things that people seem to think can be peddled!!!
ninshi ukulaka ba *****,what goes around comes around,mwaletuka ba levy aleni fitukaneni na lelo
If our president is unwell then that is bad news to us all.We wish the president a quick recovery.
suck it blind follower
if i remember very well the man using to call my father George Kunda ati “red liped’ kwati lihule ya dubaya and make alot of jokes out of it. now where is he??? rumors has it that the want to castrate his mabola…Ndeloleshafye
How can Employees hand picked by their boss question their boss’s mental and physical health and decide by a majority to refer him to the Chief Justice? I have always had problems with Zambian intellectuals. Look at our Laws, they are all full of holes unless they are based on the English law. It should be any citizen who feels that the President is not as fit as a butcher’s dog, should write to the CJ and the Speaker of Parliament who both must decide independently whether there is merit in the request, and thus act accordingly.
I have been reading all your comments. I started from the Watchdog.
How sad I feel at the way we Zedians waste time and effort on very trivial issues. The comments being posted, I don’t know how to describe them.
Very strange indeed!!
KaMmembe will nevEr be the right man to be put to leader this country and this time around he is even failing to sleep because he has seen things are not to well for him he is dreaming of the money he owes DBZ
Just ask kolwe chellah where the patient sata is. This PF malarkey is just bull. It is very shameful that their sole purpose of getting to power was to abuse the citizens and public property…I hope they end up miserably in their lives. Right now there is terrible hunger in the villages and many urban areas more than the people have ever suffered for over 15 years. Councils are not delivering any services. Mealie-meal prices are up in the sky. hospitals and clinics do not have medicine, they do not have enough space to cope with increased number of people falling sick because of hunger and increasing poverty. bY December, Zambia will have to import more maize from outside for the first time in 10 years. If after all this you still call yourself a leader…then you are C.R.A.P.
It is not true that anyone can act as President. Don’t mislead the nation. The Constitution, when carefully read, envisages that in the abscence of the Vice-President, any member of the cabinet will act as President – appointed by the President or cabinet depending on the capacity issues in the article.
hahahahaha
Dr. Jonathan Mulenga of Kitwe Central Hospital where are you ? Prostate Case at state house please go there and do what you did to my father in law who is very well now. Viva you DR.
The author
is not realistic . HE IS SIMPLY CANT THINK BEYOND WHAT HE WROTE.
What was he thinking about?