A political analyst has proposed that the age limit to contest elections for Members of Parliament and President be lowered to eighteen years.
Sishuwa Sishuwa says the current age requirement for one to stand for MP and for President is prohibitive, undemocratic and exclusionary.
Mr Sishuwa said the Constitution should set one age for the maturity which comes with full citizenship adding that once a citizen has become an adult at the age of 18, all the political freedoms, rights and opportunities should, by that qualification of adulthood, be open to them.
He said the task of determining the age of the President should be the responsibility of the electorate.
Mr Sishuwa who is currently reading for a doctorate in Modern History at the University of Oxford said this in his submissions to the Legal and Justice Reform Commission.
Here is Mr Sishuwa’s full submission:
I submit that the age qualification for Republican presidential hopefuls and for aspiring Members of Parliament (MPs) be lowered to eighteen years. There is need for consistency between who can vote, who can run for parliament, and who can stand for President.
Zambia, like many other countries, practices ageism — not just in politics, but in all other spheres. It is my hope that this proposal, if adopted, will go some way in eroding this widespread bias, particularly when it comes to seeking elective public office.
Article 35, 3 (c) of the current Constitution states that “A person shall be qualified to be a candidate for election as President if he has attained the age of thirty-five years”.
Article 64 (c) stipulates that “A person shall be qualified to be elected as a member of the National Assembly if he has attained the age of twenty-one years”.
These legal provisions are undemocratic, exclusionary (they defeat a commitment to having Zambians of all age groups contest for public office) and institutionalise the unproven assumption that a citizen only attains the maturity to be an MP at the age of 21 and a presidential candidate at the age of 35; that those who are less than these arbitrarily prescribed ages are not only immature but also lack the capacity to discharge the functions of these offices.
The legal age to be a voter in the current Constitution — Article 75 (1) — is 18 years. If we agree that a person is mature enough to make a decision on who to vote for at the age of 18, what is the basis for depriving such a one from offering themselves up for election as MP or President, and voting for themselves? If we can entrust a person aged 21 to formulate laws, including those that govern the office of the President, why should we disqualify such a person from standing for the position of President? The framers of the 1991 Constitution have told me that the presidential age requirement was introduced not on any scientific or philosophical underpinnings but because that was what was in the Constitution of the United States. But a replicated constitutional limitation is a very unfortunate basis for excluding individuals from seeking public office.
Is it not a contradiction that while a Republican Vice-President can be nominated from amongst MPs, who only need to be 21, a presidential candidate must be older? This question assumes significance when we consider that according to Articles 38 (2) and 39 (1) of the present Constitution, the Vice-President can also act as President whenever the office of President becomes vacant and whenever the President is absent from Zambia or considers it desirable so to do by reason of illness or for any other cause.
If the Constitution insists that a 21 year old Vice-President is mature enough to act as President for up to three months (during which they can exercise the functions of the office of President apart from dissolving the National Assembly and, except on the advice of the Cabinet, revoking any appointment made by the substantive President), why should the same Constitution deprive such a 21-year-old Vice-President of the right to vie for the position of President in their own right?
It appears to me that the Constitution has three ages — 18 for voting, 21 for qualification for election to the National Assembly and 35 for qualification for election as Republican President.
On grounds of internal consistency, I submit that the Constitution should set one age for the maturity which comes with full citizenship, not three different definitions of adulthood attached to different levels of citizenship. In other words, once a citizen has become an adult at the age of 18, all the political freedoms, rights and opportunities should, by that qualification of adulthood, be open to them.
The task of determining the age of the President should be the responsibility of the electorate.
If, for instance, an 18-year-old candidate emerges victorious from a competitive multiparty presidential election, which also had older candidates on the ballot, shouldn’t we respect that choice as a reflection of the democratic will of the majority?
Democracy that is representative of the views and aspirations of the electorate will quite naturally weed out the weaklings, including those who are deemed too old or too young. Granted, many young people may not have the experience to run successfully for public office, but those who believe they can ably serve before they reach 21 or 35 years should have the chance to seek to do so.
Sishuwa Sishuwa is a Zambian political commentator, currently reading for a doctorate in Modern History at the University of Oxford as a Rhodes Scholar.
What I also want to see is an age limit to stand for presidential elections to be put at 65 and retirement age at exactly 70 years. Any one who is above 65, should not be allowed to stand for presidency. Which means any who stands for presidency at 65, would only serve one term as president then retire.
The other thing that needs addressing is the president’s health status. It should be made mandatory for the president ‘s health to evaluated every 6 months by a medical board. On top of that the president should be seen interacting with citizens, either through a live press conference or officiating at public functions at least twice a month except when he is on official leave.
I still believe SATA died some time in June. All the rumours about Sata this or that are all misleading.
Iwe Sishuwa, naulya Kapushi? What sort of country would that be… Of a President younger than a university graduation age. Do you really understand that it’s a COUNTRY we’re talking about here? Awe Kwena fyaboboka!!!
we are not a banana republic,
Take your dim-witted idea to your family and let your son become the head of your home and marry your wife (his mother)
old man, use wisdom, its like you are growing backwards. A president at 18/19? i won’t even waste time dissecting your flawed thought of process on this one, how can a minor government a country of which he can’t attain the required understanding to efficiently run it. Think before you talk,. don’t just talk constitution, speak from the human capabilities of handling such a hideous task at a tender age, so practically the kids first job would be to become president?. Do some research on your thoughts before talking ba tata…
This is a controversial and radical proposal. The author is way ahead of many people on this and few will comprehend or understand the depth of his argument. His forward-thinking views are likely to be appreciated in future, not today. That is how heroes are made: discernment and an ability to see the future. What worries me is that bloggers are not contributing to the discussion with their own intelligent views for or against the move. The guy did not say a President should be 18 years old but that let the MINIMUM age be reduced to 18. Please take a minute and think about what the guy is saying. Let his message sink before you comment.
He’s dreaming…
….even a minibus driver has to be above 30.
A ta se….
Actually we should not just concentrate on the age, we should also put academic qualifications that will prohibit another kaponya ascending to power and destroy everything. This must be applied to any public office. What is the point of having a bunch of illiterates running the affairs of the country. Whatever technocrats suggest is deemed useless because the kaponyas don’t understand policies and are not innovative. We should find ways of burring illiterates near public offices! This will also reduce chaos in the country.
Folk, it is actually the so called educated Zambians who have destroyed this country. Who sold KCM Plc for a song? Answer – Levy Mwanawasa MHSRIP & Ngandu MAgande.Who sold ZCCM Ltd Luanshya Division?- Hakainde Hichilema & Chitalu Sampa. Who liquidated Lima Bank? – it is in the public domain that it was again HH. Who bought Lima Bank mansion? HH sold himself. And many more scandals happening in Zambia especially govt offices. What we actually need is anyone who has God’s wisdom to lead this nation.
Chankalle…what power did HH have to decide to put up government entities for sale? He was merely given the job to see to it that they are sold and he was paid. In that respect the best question to ask is which government decided to sell those government entities? Ma jealousy ya HH muleke mwe bantu. He was hired and paid to do a job; he was no deciding factor.
Having said that we were better off with Mwanawasa than that actionless man in State house at the moment. He is getting paid for nothing; that is stealing. Moreoever, he is not even exuding confidence as he is as good as dead.
I support him put everything at 18 years the electorate will decision if want young as 18 vote for him/her that what democracy is. the thing of saying because USA have put age 35 we also follow suit do not make sense.
Sishuwa if you’re asking for consistence, let’s take the average (35+18)/2=26.5yrs. Someone at this av.bage should be through with G12 and college
We don’t want reckless under age teens of 18 as president or MP. We also need to bar ill educated retards like Sata as president coz they’re ruinous.
When 18 year olds are allowed to hold public office, they will be promoted to inefficiency and Zambia is likely to be messed up. Consider what education and experiential learning does to a human being. At 18 none of above will have been achieved as most young people are just done with high school. Let the children grow and enjoy childhood while getting groomed for leadership at 35 years of age. Zambia is a serious entity that should be managed with diligence and not Micky Mouse type of leadership.
Sishuwa ni mbwa sana. At 18 yrs and you expect someone to have that experience needed to rule the country.
Shishuwa is really an *****. To hell with his doctorate.
how old is sishuwa?
He should be in his early 50s. I know the chap. He is an old guy and shocking that this is coming from someone of that advanced age.
That is Rubbish what can 18 year old do apart from bring down a country like some old chaps have done the current age requirement is fine what we should not allow is this Old fellows to stand and waste our time
Sishuwa you must have your head checked at a mental hospital
Honestly people do you agree with Sishuwa? What would the 18yr old be doing that time? Busy studying if not he/she would be a grade seven or grade eight failure now do we want that as a nation?
Ba UPND are very upset with such a nice decision. Any suggestion linking to HH “out” will not be tolerated by UPND. HH is still in contention please!!!!!!!!!. He will be out of it in he is 65 or 70 as you suggest. Do not come and change.
What understanding of realityt of life does an 18 year old have? It is important that universities promote the etho of scholar- practitioner so that we have a people who are in practice and at the same time can engage in scholarship. This way our contributions will have more relevance in society.
…..Shishuwa must have the brains of an 18 year old…..18 year old to be commander -in-chief of the armed forces…??….In Zed, 95% of 18yr olds are still under the care of parents/guardians. May be an MP but definitely not presidency. Uganda had a 19yr old MP….how was her performance like…??
Sometimes I wonder why some people can’t just post comments without use of derogatory remarks. If you don’t agree with the author’s argument, why not single out those premises which make it invalid and state the alternatives? You can raise your point and be heard without resorting to crude language
Mukongo wako naiwe kanshi. Chopet!
Sishua Sishua, your reasoning is incorrect. There is no functioning democracy anywhere in the world which allows 18 year olds to stand for presidency of a country. In dictatorships and monarchies it could be possible because leadership is imposed by force or tradition.
That is factually incorrect. Many countries in the world allow what the author is proposing. Just google ‘Age of candidacy’ and check the Wikipedia page and it will give you that information. Read, people!
You are lying or ignorant. Just google ‘Age of candidacy’ and check the Wikipedia page and it will give you a list of countries where this is already practiced.
I agree.
There should be NO EXCLUSIONARY CLAUSES!
ANY bona fide Citizen of Zambia should be allowed to contest for ANY political office. All this bullsh!t to exclude certain classes of people is totally undemocratic, and it just narrows the pool of available talent to develop the Nation.
AND what it means in effect is that Zambians are not equal. We now have a caste system whereby some people are more Zambian than others. If this the freedom we gained at independence? Do we need signs on the doors like “blacks not allowed” to be replaced by “second class Zambians not allowed” ?????
When we go down this road it will soon be “Lozis not allowed” or “women not allowed”!
Wake up Zambia, this “solution” is POISON!
THATS WHAT I SAY THAT ZAMBIANS DON’T REALLY REASON. ESPECIALLY THE SO CALLED HIGHLY EDUCATED, THEY ARE THE WORST IN REASONING. PRESIDENCY IS NOT A MONARCHY.
This is the problem I have with some our Zambian Scholars. What contribution would a PhD in Modern History make to the development of our country? Nothing if you ask me except for stvp!d ideas such as this one.
In some countries you cannot even be allowed to buy booze if you are 18, here someone wants the same to be allowed to be Presidet. Kwena bane beniko serious!!
Sishuwa Sishuwa, do you have a child you have ordained as presidential material? Whoever you are, you just want to argue stu.pi.dly. Don’t say anything if you are about to puke.
Surprising a child want to father himself at the Age of 18. It doesnt work like that even water when flowing it follows the course of the river. I have never seen a Person wanting climbing to a tree starting from the leafs. Maturity is the Keep to leadership. At 18 you are still a teenage some children they refuse to grow even at 18.
Its total nonses.. Wat does he think..at the age of 18 in zambia u ar stil under yo parrents roof .. Hw do we vote for u …. U ar stil being looked after … Hw wil u look after a country .. Its total nonses ……okay …. Let the be age limit to stop pipo like bena sata frm living a country mourning…. ,but 18 ….. Tak it to yo house old man,,,useless..
The moment I read the article I at first thought he is talking nonsense, but thinking through it all again my mind has sort of changed. It is said that a nation gets the leaders it deserves. Consider this: If an 18 year-old decides to stand as president, s/he would have to go through all the processes of campaigning and convincing the pipo for votes so if the pipo get to vote for her/him then he deserves it. Remember, no one ever makes themselves president in a democracy. The pipo decide!”
@ Security, your reference to wikipedia information in support of minimum age of 18 years does not give a functioning democracy where an 18 years old is occupying an executive office of president or prime minister. Although a number of countries set 18 years as a minimum requirement for contesting public office elections, none of them has ever picked a teenager for president or prime minister.
But Sishua did not say that 18 years old must occupy an executive office of president or prime minister as you imply. He merely proposed that the minimum legal age to seek elective office should be 18 for all the three positions. Why is it so difficult for you to understand the guy’s simple logic? Do you realise that at the moment, even a 29, 32 or 34 year old cannot stand for presidency? If it is 18 that is troubling you, replace the number with any other figure of your choice below 35 and then you will appreciate his argument. Because everyone below 35 is affected. I support his suggestion
You have just complicated the matter ladies and Gentlemen. The people will still elect the leader of their choice depending on what they feel. Do not use bad language as old as you are because you are more than 18. The electorate will still choose between 18, 19, 20 and the rest of the ages.
It takes people with analytical capabilities to understand Sishuwa’s recommendations to the Legal and Justice Reform Commission. It is sound at law of Zambia that anyone 18 years of age can vote, it therefore should follow that anyone of the same age should have the equal right of seeking for any political elective office.
The onus is on the people to entrust the 18 year old candidate with the presidency or not. This is how any mature democracy should function.
This is why marijuana shall never be legalized.