Rupiah Banda at the commemoration of Africa Freedom Day at the freedom
statue in Lusaka, May 2014
The Coalition for the Defence of Democratic Rights (CDDR) expresses its concern regarding the the upcoming parley for opening of parliament, which must be executed according to protocol by the duly elected Republican President of Zambia.
Although Vice President Guy Scott has said that President Michael Sata is “fit” and prepared to open parliament himself, recent media reports indicate that President Sata may instead be planning to temporarily appoint an Acting President to perform the parley and resume the presidency afterwards – representing a violation of the law.
[pullquote]The people of Zambia have suffered for a long time under an incapacitated president, which has led to abuses and attempted unlawful seizures of power by special interest groups, such as the group led by the Justice Minister Wynter Kabimba[/pullquote]
“While we emphasise our sincere goodwill and sympathy for the full recovery of His Excellency President Michael Sata, the people of Zambia are entitled to a president that is capable of fulfilling the duties of office according to law, and a failure to perform the parley will signify the end of the Sata presidency,” said Robert Amsterdam, who serves as international counsel to the CDDR.
It is the position of the CDDR that in the event that President Sata is unable to perform the parley and appoints an Acting President other than the Vice President, the government will be obliged by law to call a presidential by-election within 90 days.
Under Article 38 of the Zambian Constitution concerning “Vacancy in the Office of President,” it is clearly stated that
“If the office of the President becomes vacant by reason of his death or resignation or by reason of his ceasing to hold office by virtue of Article 36, 37 or 88, an election to the office of the President shall be held in accordance with Article 34 within ninety days from the date of the office becoming vacant.”
Article 38(2) continues: “Whenever the office of the President becomes vacant, the Vice-President or, in the absence of the Vice-President or if the Vice President is unable, by reason of physical or mental infirmity, to discharge the functions of his office, a member of the Cabinet elected by the Cabinet shall perform the functions of the office of the President until a person elected as President in accordance with Article 34 assumes office.”
Given that Vice President Guy Scott has already invalidated himself under the foreign parentage clause, the Constitution is clear that an Acting President shall be appointing and the countdown to a presidential by-election would begin in the event that President Sata is unable to perform the parley.
“The people of Zambia have suffered for a long time under an incapacitated president, which has led to abuses and attempted unlawful seizures of power by special interest groups, such as the group led by the Justice Minister Wynter Kabimba,” Amsterdam said. “Now the requirements of the opening of parliament demand that His Excellency perform these duties of office or stand down. Even the possibility that the government was considering a loophole to open parliament without the president appearing or stepping down represents a gross injustice.”
For the stability and the unity of the country, the CDDR implores the PF government to uphold the law and resist the temptation to rule through a proxy beyond the reach of democratic accountability.
The Coalition for the Defence of Democratic Rights represents a diverse group of citizens and civil society in Zambia. More information about the CDDR, including the full report to the Commonwealth Ministerial Action Group, can be read on http://cddr-zambia.org.
But he won’t open parliament nor will he stand down.
Sata may manage to open Parliament ok but recent happenings suggest that most likely he wont. Further lies will be put forward a few rumblings here and there and life will continue.
Zambian may be a democracy but Zambians do not understand in the slightest how they SHOULD be Governed in a democracy. The PF has violated the consititution many times over, evidently lied to the electorate and its leader, Michael Sata, despite being incapacitated is still holding on to the Presidency just so that he can clock 3 years and secure his life long pay for him and his family. Now what nation sits back and watch such “theft” in broad daylight. This really speaks volumes about our political development as a nation. A long, long way to go..If you ask me.
He will open parliament. Are you the creator?
I promise you, with every fiber of my being that he will open Parliament.
When was the last time he let us down?
That is right NEVER
Thanks
Let’s get this straight: Zambia’s internal problems are for Zambians to talk about, solve and resolve. Yes, we may be having internal problems but this Amsterdam chap has no locus standi nor jurisdiction to speak for us. So, sir, like Lucky Dube sung, “if you can’t say something good about somebody, JUST SHUT UP!”
@St. Jude
It is this attitude that holds us back as a nation. How do you shoot the messenger when the article is very clear that Amsterdam “serves as the intenational counsel for the CDDR”. He is not speaking in his own right but on behalf of the CDDR. So please debate the massage from the CDDR.
He has spoken the truth and if he advised the CDDR of the legal position then he is doing a good very job of “educating” the nation that would otherwise sit idle while the monkeys steal from the basket. Zambians need to be educated about holding their leaders accountable and “serving the people” that elected them and if Amsterdam is trying to educate us, then we should embrace that much more than the donations that we welcome from donar countries
@ St.Jude..in the same vain, Boko Haram is just a Nigerian problem?
@st judy
Typical of PF minions,very selfish. When in opposition they called upon every body, including foreign envoys to support their cause. Now that they are the ones messing up the country they do not want the same people who supported them to condemn them.
It is this same rotten attitude that lead to the Rwandan genocide, because everybody thought internal wrangles should be sorted out without using external help.
Kabimba is on record saying they brought in Kenyans to help rig the elections in 2011. So its good for PF to seek help outside but not good for others.
If what you are alluding to is a good idea, why is PF busy globe trotting with a begging bow if they don’t need external help?
So please @St Judy, spare us your hogwash.Don’t spew it here. Just enjoy PF…
Amsterdam, you are a dog with no tail. Why talk for me, I know what is best for me and my family. You are also serving one family for your personal gain. So please, grow a tail between your legs before you start barking for me. You are an idi.ot just like the id.io.ts you are serving.
diva and st.jude are one and the same person.
@Zagaze
Sorry to disappoint you, but DIVA and St. Jude are not the same person. I believe I’m objective in my debates and I do not call people names. I repeat, I’m not DIVA
Calm down @Diva. As a people, A majority of Zambians don’t see anything wrong with what is going on Zambia. Over 2 months absence of the president and we think it’s ok. It’s likely that MCS won’t open parley and people like Diva think it’s no one else problem. Not so long ago the Indian owner of Vidanta revealed how he is making mega bucks from the mines he bought for a song. No protests in Zambia but London. I guess they too have no business to be poking their noses into internal Zambian matters. It’s people like you who should know when to shut up!
Thats just common sense, we did not need Amstrdam to tell us this. Amasterdam is absolutely right but why cant Sata act before being told by even foreigners?
Chwe chwe chwe chwe chwe Zambia ni Sata and abashala nibangwele! Abakali tabalanda and that’s why our Presidents never talks.
Yes I agree with you, He is the man of action. You even see how the nation have stated developing, stating with the roads.
Regards
Annie
We Zambians don’t take instructions from foreigners employed by ex-presidents who are under investigation for corruption! Thanks and goodbye Bobby, go and join your corrupt friends in Thailand where you may have more luck
But we are very happy to go to kneel in front of them with a begging bowl day in out and day out.
Clutchplate Banda speak on your own behalf.Zambians have stood by and done nothing whilst our president has dissappeared and as if that is not enough we now have the PF acting like rabid dogs or hyenas fighting over the spoils of Sata’s presidency.
Clutchplate Banda . just shut up , even yesterday you were getting instructions from this foreigner Guy scot, do tell me this guy is a Bisa ? you should think using your brains . ye you just support blindly > where is your president , Jesus went in to hiding, after 40 days , he appeared, but sata is still in hiding ? is he still fasting ? and to DIVA it is you who is a real Makaka and a dog without the owner . cos you behave like unguided missile. or a child in a long trousers with big shoulders . your comments are like coming from some body whose father is kabimba . Tame you tong Mwana . God is watching
It’s okay for Zambians to resist a foreigner calling for the overthrow of their gov’t. Zambians are not stupid, they respect and expect proper procedures before change of gov’t. No anarchy please!
How dull can some Zambians get?? Imwe bafitusha!! Do you need need this Lusaka of Holland (Amsterdam) to misquote your national law for your money? Ati international consultant, Muli Mbushi? Read the excerpt again. How do you even pass judgement in advance? Muleke nokutuka @Diva, she has brains!!!!
@kakolwe
For sure, you are what you pseudo names says.
I agree with the writer totally, president sata mr open parly or step down. If he’s fit let him do his work.
Amsterdam you do not have other cases to handle elsewhere. We have brilliant lawyers in Zambia went through ZIALE. whom we can consult if need arises. Those that hired you have very little support withim Zambia come if you can to see for yourself.
But dont think you are so interlingent. lnfact you must be very useless and you want to sound useful.
Let the future come and you will be ashamed.xxxxxxx.
Talk about your country not Zambia please. time waster. ewe. kalingongo. We chisushi we.
Doesnt Sata go out to be treated?
MANY PEOPLE CAN SAY ALL SORTS OF THINGS. BUT TIME HAS TAUGHT US THAT SOME PEOPLE SPEAK WITH EVIL INTENTIONS. WHY DO YOU THINK THE OPPOSITION HAS FAILED TO ORGANISE SUCCESSFUL DEMONSTRATIONS AGAINST THE REMOVAL OF SUBSIDIES AND THE NON-RELEASE OF THE CONSTITUTION? THE BLACK FRIDAY IS DEAD , THE FRIDAY HONKING IS DEAD. HH TRIED TO HOLD A LONE PROTEST AT THE FREEDOM STATUE. BUT IT WAS ALL IN VAIN. THE ANSWER IS SIMPLE. MANY ZAMBIANS HAVE SEEN THE DEVIL IN THE DETAILS. THE CHAMPIONS OF THESE DEMONSTRATIONS ARE UP TO NO GOOD. THEY SPEAK WITH “FOLKED TONGUES” THE INTENTION IS TO FRUSTRATE PF SO THAT THEY CAN JUMP INTO STATE HOUSE. YES SATA SHOULD OPEN PARLIAMENT. BUT IF SUCH CALLS COME FROM A PERSON WITH A FOLKED TONGUE, THEN I WOULD RATHER TAKE HIS MESSAGE WITH A PINCH OF SALT.
Diva, Cluch plate and Mushoota are all PF hired gun cannons.
To people like them the political governing status in Zambia is normal, state of health of Mr Sata head of state is normal reporting and executing presidential duties daily without amiss of normalcy. Such is the docile of Zambians that as a nation can easily be enslaved by our own leader and would be quite normal. NO!no!no we are part of this world traditional beliefs in Bembaland where you take president Sata and treat him as a god (uko kwine) should not be a normal moral campus for the rest of Zambia. Some thing has gone wrong and PF and their supporters should admit doing a dis service to Zambia at large.
Whatever, you are free to vote for Robert Amsterdam or whoever in 2016 (or use your ballot as toilet paper, which would likely be more useful to you). Thanks
We may be docile, but our docility should not be taken as being unreasonable. The people who lack reason even wish to burry the living president so that they share Zambia pesambwe lyamfwa! Zero!! Ask yourselves, how did the ‘dead’ gunner his troops to beat the living in Mangango. Cimo cikafwa with hate!!!
where is president it being long to see sata in publick who will open the paliament ?
Dear Amsterdam. Go fc¥k yourself! Whilst u r at it do your sponsors RB and Sikota too! Rubbish! Ba LT who pays you to publish such non sense?
Time is ticking and we will only be able to judge them after that date. how many times are we going to be cheated.
Ask Uncle Bob (Zimbabwe),
He will give answer before our president does.
ROBERT AMSTERDAM, You are foreigner with no reputation in Europe, You are a hard up unemployed solicitor who has no job and you don’t have practise licence in the U.K so why don’t you just shut up and pack your bags and leave Zambia before you are thrown in to prison for trying to create problem in Zambian politics. Do not try to entice people with your dirty tricks or else you will be charged by the PF Govt for treason and will end up rotting in Zambian prison which is worse the Guntanamo prison in Cuba. Get the hell out of Zambia before its too late Mr muzungua
is this organisation registered in zambia? amsterdam is a prohibited immigrant in zambia. We have boundaries in africa as well as the world. the oposition suppors agreeing to what he is saying are sale outs
Bushe cabashani kuli uyu musungu. finshi twakucita kanshi. kuti wapela namugabe insambu bamo abasungu tababa bwino.