Opening of Parliament Requires a Legitimate President – CDDR
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.
“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.
Tunali nabo tunali nabo ba ……..
I was just warming up to the idea of a group that can speak out on issues in mother Zambia. But now that I learn that the CDDR has connections with on Robert Ansterdam, I have just gone cold and I hereby completely withdraw my support. Anyone but Amsterdam for a bedfellow. The man has his personal agenda about Zambia. Sorry….
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 you sound like a first year law school students stragling with assignments .You are so dull my dear.This issue is no longer an internal issue the international world is interested in it even the Ambassadas from UK ,USA and China as they have huge investments in Zambia.They want security of the Nationals and investments secured.When the presidency is at stake all pipo should be worried .This is not a joke ok.
@Sido Mark
You completely miss the point. What has opening of parliament got to do with Amsterdam? In what capacity is he speaking for us? Yes, a govt to govt discussion would be justified; a citizens’ discussion would be justified, but not some egoistic white bum overstepping his boundary and giving our leadership ultimatums. We shall speak for ourselves, and we shall solve our problems. So, no sir, I’m not dull. Rather you are the one that is dull; probably mentally deranged.
Why has Armsterdam interest in Zambia . Though Iam disappointed with PF we are as Zambians are intelligent enough to talk about our country . Let him talk about his country and we talk about ours. He is insulting our intelligence . Am amazed that Zambia media even give space.
I agree, Amsterdam speaks for RB and family.
It’s our desperate politicians who have allowed this piece of kr@p to make such comments about our country.
I salute Amsterdam although he is a foreigner he is talking sense, Zambians we are so docile and I get confused to understand what we are made of bcoz things are going bad everyday we sit down and watch until this country I s completely finished by the cartel, surely how do we agree to be ruled for three months on auto pilot we dot where is the President and what state he is. This is not fair, so let this whiteman talk for us since we have no one talk after all GUY SCOTT is whiteman maybe he is the one who giving information to Amsterdam
Iwe are sure we dont have anyone to talk on our behalf? its shallow minded chaps like you who lower yourselves pants down to please white pigs. What is HH doing? is he not doing enough? Hungry muzungu anikonde
Not Amstredam, for God’s sake !!
Amsterdam has seen how docile Zambians are and is simply filling the Gap!
Is this a demand to produce the body? Evidence of a coup d’état has been given by senior. Gov’t officials. And all you can come out with is:
“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 .”
BUT HE HAS NOT CEASED TO HOLD OFFICE. THERE IS NO PROOF OF DEATH nor Resignation. ILLNESS AND RECOVERY TIME is the issue( which has been suggested by conduct). Are we jumping the gun? A medical board must be authorised to bring a decision on incapacity. Please let legal brains work on that. We can force it as statements by PF Cabinet members is clear of a coup d’état. Go to work!
Amsterdam is a biterman after he lost his deals in Zambia with RB.after the coming of pf.
So the kangaroo Amsterdam is still on the radar. He surely heeds neither counsel nor warning, this worm!
am totally disgusted with PF supporters ,i dont know wether it is education they lucky or mere malaise of ignorance on matters affecting us , amstardam is expressing very intelligent points here about the presidency , office’
as usual instead of using eyes to read and brains to understand the subject.they close both eyes and brains ,pathetic human beings