The ruling Patriotic Front (PF) has been advised to be cautious that it does not render Zambia’s constitution irrelevant through its continued pursuant of litigation against former Members of Parliament (MPs).
On Thursday last week, the Supreme Court dismissed five motions which sought to bar former MPs Lucky Mulusa for Solwezi Central, Victoria Kalima for Kasenengwa, Sydney Chisenga for Mkushi North, Charles Kakoma for Zambezi West and Eustarkio Kazonga for Vubwi.
And PF Secretary General Wynter Kabimba has been quoted to have said members of his party’s central committee met on Friday and unanimously agreed to enforce the judgment of the Supreme Court and that as PF Secretary General he has written to his party’s lawyers to proceed with the matter to the High Court to bar MPs whose elections were nullified because of corruption.
But the Foundation for Democratic Process (FODEP) has observed that the ruling PF will be rendering the country’s constitution irrelevant if it proceeds with its ligations that will further extend the period in which by-elections after nullification are supposed to be held in the country.
Executive Director MacDonald Chipenzi has told Qfm news in a telephone interview that the country’s constitution is clear Article 67, sub article 1, states that any vacancy in the national assembly, local government and presidency, a by-election should be held within 90 days.
Mr. Chipenzi says this is why his organization hopes whatever the ruling PF’s intentions are, such endeavors must be within the provisions of the constitution as doing the contrary will render the country’s constitution irrelevant and ineffective.
He however notes that there is nothing wrong for the ruling PF to pursue the barring of its target former opposition MPs even after the by-elections whose dates the Electoral Commission of Zambia (ECZ) has announced will set early this week.
The FODEP Executive Director has also appealed the country’s Judiciary to realize that it has a duty of ensuring that when maneuvers to bar former MPs from re-contesting in elections are being done, it must also dispose of such cases within a time-frame that does not render the constitution irrelevant.
The question should be; is what PF intend to do legal and supported by law?
and is it part of the Supreme Court judgement?
If the answers to the above questions is YES!!
How then is the constitution going to be rendered irrelevant?
”the ruling PF will be rendering the country’s constitution irrelevant if it proceeds with its ligations that will further extend the period in which by-elections after nullification are supposed to be held in the country.
Executive Director MacDonald Chipenzi has told Qfm news in a telephone interview that the country’s constitution is clear Article 67, sub article 1, states that any vacancy in the national assembly, local government and presidency, a by-election should be held within 90 days.” @Gen didn’t you read this part? Read the whole article first before commenting on it.
What the PF is doing these MPs is illegal because the law only bars convicted criminals from standing as MPs. PF wants these MPS to defect to PF then will be allowed to stand again just like One corrupt Namalumbe was allowed to do so on PF ticket. If they totatally bar these MPs from standing then Namalumbe ‘s seat and the Livingstone seat should be nullified as well.
What is happening is total disregard of the law of the land to favour selective justice.
@ me
The courts interpret the law and the judges in the Supreme Court are responsible and alive to such duties when they make rulings or judgements including the one at issue now.
Chipenzi and his FODEP have a partisan political interest in these issues and his understanding and interpretation of the law is ultra vires the mandate of his organization.
The constitution remains relevant as long as there legal hold ups to overcome
@ Wanzelu I only hope someone seriously takes note of your observation as this goes on
I fail to understand this PF government…. When will these constituencies going to have representation in parliament? What this ruling party is doing is evil and unjust. It’s a shame to have such a party as a ruling party. Hope Zambians are learning a lesson..
Even if the opposition was to field new people apart from the former MPs,PF will find other excuses to derail the by elections as they (PF) are not ready for these by elections.Reason being their campaign tool is Sata and the current status quo of Sata who will lead the PF campaigns.In bemba they say ”Ukosokolola nifya lala” meaning PF are afraid to bring out to the nation the status and whereabouts of the President as this will be a campaign message for the opposition.