Cabinet appoints Guy Scott as Acting President – reaction from Gen Miyanda

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Matero MP Miles Sampa (r) dresses Vice President Dr. Guy Scott (l) a PF scarf on arrival at Kaoma air strip to drum up support ahead of the forthcoming Mangango August 19 2014, Parliamentary bye elections in Kaoma District, Western Province,
Matero MP Miles Sampa (r) dresses Vice President Dr. Guy Scott (l) a PF scarf on arrival at Kaoma air strip to drum up support ahead of the forthcoming Mangango August 19 2014, Parliamentary bye elections in Kaoma District, Western Province,

This is Part 2 of my comment on the just ended Golden Jubilee celebration in Zambia. It was drafted a week ago but interrupted by my “Apology to Lusaka Times Bloggers”. The articles are intended to put the just ended Zambian “Golden Jubilee” in perspective as I believe that the occasion that should have been used to seriously re-look at our independence journey and seriously take stock of national issues turned out to be a “celebration” as advertised, entertainment instead of a deep national reflection. Leadership has been lacking during this Jubilee season. Part 2 was to dwell on Governance, with focus on the Judiciary, the Executive and Parliament and to express an opinion on why President Sata did NOT allow his appointed Vice President to act as President.

Unfortunately as I was about to post this Part there was another interruption brought on by “breaking news” first from a series of sms’s from all over, then ZWD, LT, SABC and our own MUVI TV. I am compelled to amend Part 2 to be in two parts, namely this one which I now title “Golden Jubilee 2 the Preface” and “Golden Jubilee 2 the Main Discussion”.

Guy Scott does not qualify to act

The thrust of this specific argument is still on the Rule of Law and Constitutionalism. Part of the “breaking news” states that Cabinet has appointed Dr Guy Scott as Acting President. It is my contention that Dr Guy Scott does NOT qualify to be President of Zambia under the current Constitution; and further that in view of this he does NOT qualify even to be appointed Vice President. I contend that the position of Republican President is ONE office comprising two tiers for purposes of continuity (the President and HIS VICE).

It is ridiculous or laughable to suggest that a person who does not qualify to be President or, more accurately, is estopped expressly by the Constitution from ascending to the highest strategic office in Zambia, can be allowed to act in that capacity. President Sata’s act to appoint Dr Scott was either due to an oversight, ignorance or was under duress. President Sata may have realised the error but could not admit this publicly and sort to correct it by NOT allowing Dr Scott to act.

President Sata may have realised the error and sort to correct it by NOT allowing Dr Scott to act.

Dr Scott has given two statements on his appointment: first in 2011 or early 2012 he revealed that he knew that he was not qualified due to the parentage clause, which he declared was going to be changed anyway. However he went on to reveal that at a high-powered meeting (PF and/or Cabinet) attended by powerful lawyers he said that he was advised that he qualified to be appointed Vice President but not President. Sometime this year he declared that he qualified to be President. He cited no provisions of the law, and neither did he disclose who his lawyer-consultants were. Are they the same ones who gave him the first opinion or they are different or has there been a secret amendment? I challenge them to appear publicly and debate this serious constitutional issue.

Article 33 (1) states that “there shall be a President of the Republic of Zambia who shall be the Head of State and of the Government and the Commander-in-Chief of the Defence Force”. Article 34 (3) (b) states that “A person SHALL be qualified to be a candidate for election as President if ‘both his parents are Zambian by birth or descent’ ”, a very clear provision which has first to be amended if Dr Scott is to qualify.

It appears that the President relied on Article 45 (2) which states that “The Vice President shall be appointed by the President from amongst the members of the National Assembly”. I contend that this clause should NOT be read in isolation but with Article 34 (3) (b). In fact the whole of Article 45 should be read with Articles 33 and 34 in mind.

When I wrote “Golden Jubilee 1” I was concerned about the serious constitutional impasse that would arise and that seems to have arisen should the President pass on. I shall publish the remaining Part 2 later.

But I now urge the Cabinet to dump “Donchi Kubeba” and be truthful and engage even other citizens who may not be PF during this uncertain period for a smooth transition. But I declare that Dr Scott DOES NOT QUALIFY TO BE VICE PRESIDENT, LET ALONE PRESIDENT OF THE REPUBLIC OF ZAMBIA.

Let us pray for peace and tranquillity. May God bless Zambia.

GODFREY MIYANDA,
BRIGADIER GENERAL
[29TH OCTOBER 2014]

Postscript: at about 08.35 hours Zambian time, as I was about to post this article, there was another interruption on ZNBC TV. Dr Roland Msiska, the Secretary to the Cabinet, has just confirmed the death of our President in London. My advance condolences.

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174 COMMENTS

  1. First of all if this is true, then it puts into perspective that life can be taken
    Our from anyone at any time even when you least expect it to like in this
    Case President Sata, when no one expected it
    Secondly I think it worth investigating how we would have lost such a gallant
    Real freedom fighter all of a sudden, was it heart attack, something like an Independent
    Commission must be launched right away.

    Thirdly like Gabon, Cuba etc. the best person to take over the helm should be a relative, and someone
    Like Mulenga Sata who knew how the president worked, would be the best person to carry torch forward
    Adopting him or worst case scenario Guy Scott should be the only choices.

    2 month National Mourning should be declared

    I remain mourning

    Thanks

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    • Zambians should not allow Mmembe’s evil cartel to take over PF and the country again.The president left Edgar Lungu in charge.Guy Scott has never acted as president and should not be recognized.

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    • It is just the right thing to do! Secondly Scott qualifies to stand under the new draft consitution which is ‘people driven’… Gen Miyanda unfortunately has been reduced to a role of observer and for me who supported this man way back its such a dissapointment how He has lost it..

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    • Do you have money to sustain two months national mourning? Get real. Five days of national mourning are enough for Sata. Sata has already spent millions of Kwacha re-base, trying to sustain his life. And 90 days for Guy Scott is okey for us. Scott is more neutral and can help pave way for a young and vibrant leader as Zambia’s next president. I endorse Scott’s name only for the next 90 days.

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    • This is the Golden Jubilee gift – independence from the British only to be colonized by the Scottish. I am glad I didn’t celebrate.

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    • A week national mourning is enough…… We are not in West Africa where 2 months mourning is the norm.

      @ Truth I concur with you sentiments

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    • The pain I feel for the lies and deceipt that this cabinet together with Christine Kaseba have engaged in since the 20th of June 2014 is too deep for me to feel any symphathy for the loss that the nation has suffered. Not at this stage.
      They whole lot have no regard or the slightest respect for Zambians for they treated us like fools.
      Guy is a puppet of Kabimba and M’membe and will definitely defend and resurrect Kabimba back to the front bench. Guy will win the Presidency if allosimply because he is white and the majority of Zambians especially in rural areas will vote for a “Musungu”. That is why the PF have gone for Guy Scott. Lets hope our legal proffessionals will challenge because Guy was unable to Act as President for a reason. Why now? I guess we are fools as where PF is…

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    • I agree with the General. Guy Scott does not qualify to be Acting President. The other reasons are:
      – Age – He is too old to lead us (in fact this will be another risky 90 days.)
      – This means Zambia being colonized again for the second time again, to make it twice again.
      – Guy Scott is not in good health too.

      If we continue on this path we may find ourselves in the Russian situation were they lost three Presidents in a very short time (If my memory saves me right it was within 6 months.)

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    • @Mushota, it seems you think while you hang upside down (head down, legs and feet up). Zambia is not a family farm to be taken over by family members.

      Secondly, Sata’s death has not happened all of a sudden. Are you not aware that we haven’t had a president for nearly 8 months? Well, unless you live on mars, not earth. THe period of national mourning should in fact be much shorter than what was accorded to Mwanawasa for the following reasons 1) Mwanawasa dismantled national debt while Sata built it 2) Mwanawasa reduced prices of commodities benefiting the common man but Sata did exactly the opposite 3) Mwanawasa died complete while Sata is completely emaciated. What good is it to the nation to parade Sata’s frame which will just humiliate the family the more?

      Kindly start…

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    • Let this be a lesson for all Zambians. I blame our leadership including all Opposition Presidents. Instead of working with one common goal “which is to improve lives of Zambians and secure our Country” WE HOOK OURSELVES IN selfish fights and setting each other / Government in Power to Fail.

      We can have difference of opinions which is health in a Democracy State. But should learn to remove Emotions and advise one another in a much better way. Did anyone in Opposition made an appointment with the President to advise him on this matter?? Here we are now all condemning that Guy Scott Does not qualify to Act as Zambian President.

      Well we have all failed so let him act.

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    • Continued…….
      Young Zambians: This time we don’t want campaigns but live debates on the Presidential Candidates. So no campaigns as it is a waste of money. Let who ever candidates, tell us what they will do for Zambians. Based on that we will select one. We should also change the constitution for that Vice President to be voted in as well. We don’t want puppets but real Vice President Independent of the President

      No extravagance and cut down the motorcade/ waste of Money.

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    • WHO IS RIGGING THE VOTES IN THIS BLOG?

      I notice that a + or – often is not recorded correctly! Sometimes, your ONE vote increases the + or the – by more than one; I noticed changes of up to 3!
      And also: sometimes + AND – go both up!
      Just remember the numbers BEFORE you click somewhere…

      Is somebody practising NOW already for the next elections ???

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    • Madam Mushota, please behave yourself,this is not time for careless talking.
      Didn`t you know that our beloved late president suffered for a long period?
      Us who loved him suffered with him but you didn`t go with him in the path of suffering, you remained in the path of ignoring the health of someone you hypocritically branded the best president in your life.You had no time to pray for him, because he ever looked very health to you.

      Investigations for what learned Mushota? Let the will of God prevail. We came on earth naked and naked we will all go. Drop all hypocrisy in your life madam and then stand for the truth in all your doings. I believe God will help us; as we mourn our Michael Chilufya Sata 5th President of the blessed great nation mother Zambia.

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    • This liar, Guy Scot is now acting president? The docility of Zambian people is amazing. This man lied every chance he got to tell the nation the president was fit and healthy!

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    • Democracy to the test. Are we ready? mmmmh….. me think an excise of scaling needs to be done on a lot of Zambian brains to open them.

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    • Mushota you are twart Zambia is democratic country let indigenous Zambian choose their leader

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    • Thank you lord. You know best how to deliver your children from the evil one. No more stupid lies and jokes in our politics, your people’s constitution is now around the corner! Praise god, AMEN!!

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    • Tell me Guy Scott is only a caretaker for a few weeks while discussions to appoint Acting President are going on.This can’t be real! Article 34(b) cannot be clearer,Scott is not qualified to be Zambian president, acting or otherwise.But It wouldn’t surprise me either if this collection of political rejects continue on the path of constitution violation Sata already laid for them. Lets not forget how he continuously trampled on our constitution with impunity.This is how it begins.You violet one section first, followed by another,before you know the whole document is in the bin. Dawn of confusion is at hand. Scott will either bring back Kabimba or fast-track adoption of draft for himself to qualify with a plan to handover the presidency to Kabimba for 2016 polls.

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    • God has a way of dealing with plunderers and dictators. Am sure something great will come out of demise. I can only pray that we do not have another yamasoya to take over as we all witnessed what happened after LPM’s death. Lord have mercy on the cobra’s soul and forgive me for his sins. Aluta continua…Amen

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    • News just in:
      In an unconfirmed report, Wynter Kabimba has been seen driving into Dr Guy Scotts New Kasama Residence. He was in a Land Cruiser V8 Reg number ALP 193 , he was accompanied by Post Newspaper Boss Fred M’membe.

      Wapya munzi!

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    • Condolences to the Sata family.

      To some of us his demise did come as a shock, as it was expected. Dr Kaseba tried her best to prolong the husband’s life owing to the fact that he was supposed to die in end of September. MHSRIP.

      I am personally not happy that Guy Scott who the constitution bans from either acting or standing as president can be allowed to act as president. To me this sends a wrong message to colonialists who are now going to start thinking Africans can not rule themselves. Whether we like it or not, this is how the West will perceive Zambia’s situation. I may be wrong, but hey only a f00l would expect the opposite from the west.

      PF has been breaching the constitution since it came to power. Now that Sata is gone , it has continued to breach the current…

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    • Guy Scott is the most corrupt white man in Zambia. In any case he is going to be just a stooge for the Mmembe cartel. He will do as Mmembe says which will lead to deep divisions within PF.

      For me Honourable Lungu was the best person to carry Pf forward and reorganise it. Lungu would have managed to deliver part of Eastern Province to PF unlike this Muzungu Opuusa.

      What the ever the case, this is the beginning of the end of a terrible era under reckless PF. God answers prayers in different ways.

      I look forward to the by elections so that these id0its can be booted out because they have turned Zambia into a complete potential disaster zone.

      My hope is PF will rethink and bring back Lungu to act as president for the sake of peace within PF and the country as a whole.

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  2. Guy desrves this. This man stood by Micheal through and through. Him and the Cobra fought the injustice of electoral fraud. Twice their election was stolen. In 2011 a strong campaign was mounted against them, Alas you cannot keep the Cobra down for long. Micheal won and together with ba Guy put this country on a deveopment path never seen before!

    GO WELL MICHEAL………GO WELL CHILIFYA WESU.

    CONGRATULATIONS BA GUY…….YOU ARE A TRUE FRIEND OF MICHEAL

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    • @Electoral Observer
      This emotional lead thinking is what has given us the last painful 3 years. Guy Scott does not derserve anything and we dont owe him anything as a nation. The current consititution that he has been defending bars him to be President and even vice president so what are you saying and what does he deserve?

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    • But Ba Miyanda, why did you post the article anyway, and especially after confirming that indeed Ba Sata nabafwa? This is sad indeed to come from you Ba Miyanda.
      Everybody knew about the “Scott” mistake, but we all “accept” Guy Scott. It is not a Guy Scott or PF day. Whatever they will do will not much to talent of Sata.
      It is a Michael Sata day, week, month and rest of year.
      For that reason, LT remove my candidacy on best LT blogger, and am I leaving Ba Miyanda’s party. He has to apologise for my vote.

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    • @Nostradamus: For once I will agree with you, this article was not supposed to be posted LT, actually it leaves bitter taste for General Miyanda, especially being one of the people we look up to. Opposition Leaders are also to blame on this guy Scott VP appointment (if true that he does not qualify), Let him act.

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    • @Nostradamus, I don’t understand your rationale. It is actually a good sign and a good attribute to have a political leader who does not buckle easily on account of emotions. BGGM has adequately expressed his remorse for the death of the President at a time of jubilee. But certain blatant violations of our constitution HAVE to be addressed NOW as we reflect on our Country’s jubilee and pave way for the future. As a Blacksmith would say ‘Hit the iron while it is hot’. (Or are you acting on advice from your campaign manager Ndobo?).

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  3. lets not take peace for granted. Urging wont solve anything. Ba LT for national security sake, some articles are not worth publishing. You wont enjoy the peace you have elsewhere. Whoever is president now let it be so. Dont false it to see the other side of man.

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  4. Dr Guy Scott qualifies to act as president; and the constitution should be amended to allow him to stand in the presidential by-election. He is the only one at the moment with the political maturity and experience that can unify Zambia at this time. He certainly was born for a time such as this.

    Guy Scott For President 2015! Let the nation rally behind Guy Scott and elect him to finish off the next 2 years.

    I will at this time not dignify the “bitterness” of one Godfrey Miyanda, compounded by the continued realisation that he may never become president of Zambia.

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    • No not another moving corpse for president. 90 days is more than enough for Guy Scott. We are not prepared to have another funeral in State House after Satan.

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    • who will vote for Scott? you?
      taking into account political demographics and voting patterns over the years,
      each candidate has had a background/region/pedestal/foundation, an element of popularity. where does this man hail from?Livingstone? if so who knows him there?
      born 1944 before independence. Did he struggle with/for Zambia or was he raised on a plantation enjoying at the expense of our liberty, freedom
      you think scott is the man to put on a campaign trail? to say what to people in kasama or mongu? scott is no Michael Sata, that energy and vitality will never be seen again.
      Frankly some would say PF are finished without him and with his leaving in such a manner.
      a 2015 ballot with Scott at the helm of PF is impossible. Other Factions whithin PF a better chance of Keeping…

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  5. Tiye uko mushota, you are now left an opharn. People with evil minds are now nashing their teeth. This man was a cruel man who grabed land from the Tongas by force, punished striking nurses by dismissals, persecuted RB, A tribalist to the core and a master when it comes to nepotism. We should call a spade a spade. He was a bad man. Why pretend when the truth is glaring in your face. He was busy building two universities in his homeland when UNZA is struggling. What a shame of a president!

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  6. For the sake of peace I hope the riff ruffs in PF will rally behind one leader. We don’t want this one term government to destroy our nation. Zambia ia bigger than any individual or party.

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    • I have noticed that such social media fora are mostly dominated by Zambians or wanabe Zambians in the diaspora who have no idea how it is in Zambia right now, the mood, or anything going on for that matter!!! I am not taking it away from them koz it may be something that makes them feel more Zambian or try to be in touch with Zambian roots, but it is always dominated by skewed opinions and ignorant ranting on about something you do not understand. Can we get some form of information, research or consultation before you show yourself to be even less Zambian than the indian in Kamwala or chipata, the somalian in matero or Ndeke, the boer in mukushi or the Scottish guy running the country right now.

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  7. I have no problem with Dotty Scotty as a President of Zambia, personally…

    Nomba fye,…. He is also old…..

    Too bad the constitution doesn’t allow

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  8. General,
    Please do not allow this to pass if you are telling us the truth. As a lawyer I urge you to challenge this in the courts of law. Writting part 1 and part 2 will lead us nowhere…. .

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    • I agree with @ JUDGE. Ba General if what you telling us is true…..get the other lawyers and challenge this “fraud” in court. This is about constitutionality and cannot go unchecked.

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    • Gen Miyanda
      I second the motion that you pursue this issue. This is serious. It simply means that the Attorney General has failed to discharge his duties. The country is in a serious dilemma. It just doesn’t make sense that a person who by law cannot be elected as president be allowed to be president due to misinterpretation of the law. Cry my beloved country…

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  9. I fully agree with the General on this one.
    Guy scott does not qualify to act as president and that’s why President Sata never left him with the instruments of power.
    However, the literal rule of statutory interpretations can be envoked to justify his appointment by cabinet.
    Article 34 (3) (b) states that “A person SHALL be qualified to be a candidate for election as President if ‘both his parents are Zambian by birth or descent’. This might be literally interpreted to mean he is only debarred from election as president and not to act in that capacity. This aproach is likely to be supported by most ministers so as to drop Edgar Lungu, knowing that Edgar Lungu might gain undue advantage to ascend to the presidency of the party and later of the Republic, should he continue acting.

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    • It is suprising that some loggers here are suggesting that Scott should act because he stood by Sata and has contibuted signifcantly to the PF party. Should we abrogate the consititution in order to please or reward and individual? Let PF reward him as a party in a way that does not affect the nation as a whole.
      Others are saying he is qualified under the current draft consitution. Remember the simple Grade Seven social studies; A bill does not become a binding law until it has been enacted by parliament and assented to by the president. The consitution in force as at now is the 1996 version assented to by former president chiluba, which precludes the election of Guy Scott as president.

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    • @Hope for better
      Unfortunately, emotions overide legal provisions in our country which explains a lot of things in relation to this very debate (Scott acting as president). But your contribution in terms of the literal rule puts that into context.

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  10. Best care taker!!!……. Congrats to GUY SCOTT, finnish you friends dream to foster prosperity to all zambians. RIP M.C,S.

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  11. Sad news at the loss of our president, Zambia lives on and there is need now to focus the way ahead of us. It appears our nation is going through unprecedented period of its young democracy having been led by 5 past presidents to date. There are huge lessons we as a nation have to reflect upon and help us decide the next generation of leadership Zambia deserves. Like the rest of the world, national leadership is passed on to younger generation that can log to modern geopolitical landscape and fit to uphold ethos of good governance, rule of law, accountability and transparency. This is already becoming a challenge to the existing Zambian parties. Now that one chapter has closed what will the next bring?

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  12. Fantastic!!!! according to me he is right person. Where is there is a white Man there is no corruption. Only that he is the white man to continue, otherwise he is the best.

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    • I dont agree with you wen u say that where there is a white man there is no corruption. Maybe u dont have whites where you are or you have never worked with them before. How can u be so gullible as to think that they are better than us blacks…sha!! Bring something sensible not this trash and please do your research properly before you post!!!

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    • Which planet are you from? The reason we get into all sorts of problems is because people like you do not do your research on potential leaders. Where there are whites there is no corruption!!!!? How did they come up with the term?

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  13. Very important points you put across concerning who qualifies to be acting president…. So now that Cabonet has appointed Guy Scott what next? I for one will be looking to people like Gen Miyanda to enlighten the country on what is constitutionally right in the situation we as a country find ourselves in. I do agree though that Sata may be have appointed Guy Scott under duress. @Electoral Observer tries to justify Scott’s acting status – he was with Sata through thick and thick. I personally think we should NOT use such ways of thinking as yard sticks to appoint people in important positions as it borders on natioanal security among other things. Thanks for the insights @ Gen Miyanda… I will be waiting for the debate at the next level.

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  14. Miyanda your are the people who have brought these problems to our nation. You had the chance to make it clear cut. Even article 33 does not stop Guy from Acting as president. It can be interpreted/argued that Guy is not seeking to be elected president by the electorate. Article 33 does not state that a person who does not qualify to be president cannot therefore act as president. Stop alarming the nation.

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  15. I beg to differ with The General. If a clause in the constitution is not to be read in isolation, it will specifically say ‘subject to the provisions of clause ….’. It does not say so in this instance and it is not up to any individual to create linkages that do not exist. I would agree that this is a failing in the current constitution but we just have to live with it until we get our ‘People-driven constitution’. So, GUY SCOTT qualifies to be Vice President and also Acting President.

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  16. An interesting post on ZR:

    MC Demuse
    October 29, 2014
    It is indeed true that your president is dead, but contrary to your daily reports and that of the watchdog, he did not die of a natural cause. The details of his sickness will soon surface and all those involved will be exposed and hopefully face your country’s jurisprudence. Your president was killed because of his stance on the mines. He was intent on repossessing the mines. He was poisoned by his wife who agreed to do the deed on behalf of the mines and was given $220 Million. The plot initially was chaired by Xavier Chungu and the treasurer was Edgar Lungu. From the day he was inaugurated, he was a dead man walking. The same people who killed Mwanawasa, are the same ones who have killed your president for the same reasons…

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  17. Selfish people have killed Ba Sata. He wasn’t meant to die in such a manner. People wanted him to hang on even when he wasn’t strong enough and they knew that. Sata was used, he was milked to his death. Sata should have been alive. God will avenge for him. Sata should have been allowed to resign.

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    • Maybe people wanted him to “hang on”

      But I wanted him to HANG. For all his LIES!

      God answered my prayer!

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  18. Now is time to get rid of these tribalists,crooks, thieves, liars from the top political position of the land because these guys have mercilessly destroyed the economy and the morals of our country. Now it’s time for us to give chance for other Zambians from other tribes to run the show of our land. We now need young and vibrant leaders that Zambia is already endowed with. We need God fearing leaders who will treat everyone equally without being tribal-biased. All managerial positions both in private and Government sectors should be shared equitably amongst all tribes of Zambia, because all tribes have educated people.

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  19. Guy Scot, for president 2015, Zambia is a non-racist country, we shall see lots of developments under Scot’s tenure. Unity and focus are pillars of national prosperity.

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    • You have eyes but you can’t see. Wisdom is not in every head! Please look at Scott’s age and health. This man is already frail. Surerly do you want our country to mourn a president so soon again after Sata? Please get real, Zambia is not lacking good and honest young leaders who are God-fearing. Zambia already has HH of UPND. Please put tribe aside and face the truth. HH should be Zambia’s next President after Scott’s 90 days.

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  20. Isn’t it the same Guy Scott and his minions who kept denying Zambians the new constitution because they enjoyed the powers of the old one so much so that he asked for another 10 years? PF had enough time to make amendments and now they have quickly ushered in someone who has never acted as President through out his appointment as VP. Zambians are very angry people at present and make no mistake about it, Fred and his gangster crew are a minority, we shall deal with them when the time is right.

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  21. Exactly on the dot, 50 years of self-destructive rule, the British are back to start the cycle all over again.
    The information that General Miyanda has shared here should have been a subject of much trumpet blowing and discussions when Sata made the error (if indeed he erred in doing so)of appointing Scott as vice-president. Sata was never challenged and the so called expert constitutional lawyers kept mum for three years Scott has been acting. It seems ‘Donchi Kubeba’ is fashionable even in professional circles. It seems rather late to do something about it after living with it for so long.

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    • @Wantanshi….. I am not sure I understand when you say that Scott has been acting for 3 years. In which position? Scott has been a VP. What the Brig Gen is saying is that Late Pres Sata may have seen his error to appoint Sata and to sort of correct it Scott was never left to act Pres. You are right though that this should have been brought up earlier but then again the Donchi Kubeba govt never admitted that Sata was ill. Altho’ illness is not always the cause of death this issue should have been addressed but then again would the PF have listened?

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    • @Pretty

      Sorry, I meant Scott has been Vice-President for three years and nobody cared to challenge Sata on this issue.

      If Sata had later realised his mistake of appointing Scott as Vice He had again enough time to correct this anomaly by a reshuffle of cabinet, but probably Sata’s known arrogance prevented him from taking corrective measures. It seems rather late to begin making loud noises about Scott when we had ample time to do this.

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    • @Wantanshi, I thought BGGM clearly says that the articles are intended to take stock of national issues as we reflect on our Country this Jubilee.

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  22. Guy Scott qualifies to be president because his parents were born before independence. Which former Zambian president had parents born in Zambia? All were born in Rhodesia under a different constitution which is not Zambia

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    • Well put, Cha.

      Going by some reasoning here then those of us whose parents were born in Northern Rhodesia, that is before 24th October 1964, do not qualify to be presidents in our beautiful Zambeziland.

      Is ‘Citizenship by birth or neutralization’ not enough for one to lead a country?
      Parliament has the highest decision making body in the country has endorsed that ‘Scott acts’ , I would hope they have their acts right.

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  23. May your namesake Archangel ‘Micheal’ welcome you.
    Cabipa, cabija, mapenzi, matambudziko, ba Christine and family and all the people of Zambeziland.

    Micheal, you now has met his creator enjoy eternal peace.
    You are in a better place, free from all your bodily pain.
    May your namesake Archangel ‘Micheal’ welcome you.

    Intercede for us all so that your dream for a better Zambia be fulfilled.

    Fare well Micheal wesu!

    Pafwe mpalume! God you are a reaper: You reap what you sowed. You are the owner. Takalwilwa na Mwine.
    We thank you for having given us a chance to know and work with MCS. Can we quarrel with you in this one? No. –

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  24. On the other hand, just imagine 50 years of independence, we are still governed by the whites. Think about it. Our current constitution does not allow a white man to be in any cabinet. It’s Unfortunately the cabinet appoints Guy Scott.

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    • Is Barack Obama a white man? Is Ian Khama a white man? How about Jerry Rawlings? Look beyond colour, in a couple of years, you will see a person of colour in Buckingham palace, you never know!

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  25. am i the only one who see’s the sarcasm in @mushota’s posts? she really dsnt mean what she posts, she more of taunts the topic at hand

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  26. Some Zambian are unbelievable, you cant be serious if you are considering Guy Scott or anyone within the PF cabinet for that matter.

    Just the dishonesty about the President’s health is enough to distrust the PF.

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  27. When, Aka Mbikusita and others took Chiluba(MHSRI) to court over his parentage which could have disqualified him as Republican President, the court ruled in favour of FTJ that any body who was in Zambia at Independence automatically qualified to hold any office in the land. That clause was effectively inserted in order to bar Dr Kaunda from contesting the 1996 elections. If we look deeply it will mean that KK ruled Zambia illegally for 27 years? We have weaved a web that we need to get rid of.

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  28. “A person SHALL be qualified to be a candidate for election as President if ‘both his parents are Zambian by birth or descent’ ”. I think PF just need Guy Scott to organise the election – he will not be a candidate for election. He has just taken over the reigns of power to fulfill the constitutional requirement that the vice president takes over and organises the elections in 90 days.

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  29. Sad indeed to have lost the hard working President in the name of Micheal Sate. Just a reminder to this under 5 and tribal party that they will never rule zambia never, lest they start tribal cleansing when in power, at least for now never. They are already bubbling with confidence as if they have taken the presidency but will likely end up in perpetuate disappointment. Long live PF.

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    • You are not God to decide who should be Zambia’s next presidents. You tribalists are so shallow-minded to think only crooks-monkeys should be presidents of Zambia.

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  30. We are greatful to God and thank you Cabinet for showing great maturity and Leadership Qualities

    Act Lungu E. we are proud of you a true Zambian

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  31. When, Aka Mbikusita and others took Chiluba(MHSRI) to court over his parentage which could have disqualified him as Republican President, the court ruled in favour of FTJ that any body who was in Zambia at Independence automatically qualified to hold any office in the land. That clause was effectively inserted in order to bar Dr Kaunda from contesting the 1996 elections. If we look deeply it will mean that KK ruled Zambia illegally for 27 years? We have weaved a web that we need to get rid of. WHICH IS SUPREME COURT OR CONSTITUTION?

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  32. Dull General, no wonder this man has nothing to offer Zambians. Even a toilet is more useful than this dull General

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    • @STABS, and what is your informed opinion and view regarding what the constitution says versus what is going on in Zambia?

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  33. Bba general,you wanted to be appointed? Kwena you can be amazing.Ala nangula musungu,he is a zambian.. Good luck,ba Scott and congrats.

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  34. Please Gen Miyanda we want peace in this nation. Don’t alarm the situation. We rebuke that in Jesus’ name. Let peace reign in this great peaceful country Zambia. Issue statement which will unite the nation.

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  35. But you Zambians are dull. Guy Scott is acting LEGALLY. Go and read the constitution, don’t just talk from your backsides with empty heads. Guy Scott is allowed by the constitution to act as president when the president dies. About parentage, where were you when Chiluba won his case on parentage??? The Supreme Court provided clear guidance on parentage.

    The General Miyanda is just a failed politician and soldier who has nothing to do but expose his ignorance on LT among other ignorant and dull Zambians. What is he talking about? To Miyanda everything is wrong unless it is done by him. Go to soldiers that worked under him and they will tell you that he is a hardcore dictator. That is why even his HERITAGE Party has not gone anywhere. Nobody wants to work with him.

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  36. As a Zambian i was more than happy to let bygones be bygones
    To look into my heart and allow a white man to be the country’s vice president.
    I trusted that Michael Sata had a vision one that he spent 10 years of his life working towards and even so it is a position almost always redundant with the current constitution and assured Scott be only in the shadows. As for foreign Policy it wasnt such a bad idea.
    Sata is dead and may his soul rest in eternal peace.
    But i must surely speak mind.
    In addition to his white skin and old age, he has no tribe to call his own, he has no banner-men to call into a field of battle.In short he has no following, he has no charisma, no appreciation or interpretation of what it means to grow up in places like mazabuka, kasempa, kasama or chipata. he is a…

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  37. It is IRRESPONSIBLE for Gen Miyanda to be rushing to the press and publishing material that has the potential to spark chaos! I have always held him in high esteem, but this is reckless. There are other avenues you could have used to express your objection instead of lighting a match in a volatile atmosphere.

    This confirms to me that you are NOT a good leader.

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    • Miyanda is a failed politician. Are constitutions cast is stone? That is very rich to get a lecture on the constitution by a boyscout turned soldier. The parentage close is neither here nor there, how do you prove that your parents were born in Zambia. By hearsay? Most of the politicians were born in Northern Rhodesia. Which qualification is more important to President, being born in Zambia or parents being born in Zambia? Rupiah Banda was born in Southern Rhodesia and became President. We have no idea where his parents were born, unless Miyanda has more information on that.

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  38. to me Guy scot is fine, he was with Sata in thin and thick, but right now he seems to be controlled by mr Mmembe. i mean the postnewspaper owner. it seems when the post doesn’t like you then you are not worth of anything. which i don’t agree with. let zambians decide there own desitnies and not by individuals or few people. up to now i cant understand why they hate Edger Lungu.

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  39. My Condolences to all Zambians, let us come out of the death of our President united, it is a time of mourning and reflection, and time to determine our destine and where we want to be 50 years from now. Politics aside Zambians voted for MCS and not PF because PF is MCS and now that he has departed to go and reuinte with his maker, PF is no more and has lost legitmacy to rule. Natural law predicates that morality should prevail over witten laws, and as such parliament should dissolve itself to allow for General elections under a new constituition. MPS from both government and the opposition will have nothing to lose because they will earn their gratuity but give Zambians a new birth. In the interim overthrow the current constitution and replace with a more durable constitution.

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  40. The author quotes the Zambian constitution and I also quote; ”A person SHALL be qualified to be a candidate for election as President if ‘both his parents are Zambian by birth or descent” Yeaaa, its pretty obvious that Scott is not a candidate for election for presidency and therefore he can act but cannot be elected. After all the cabinet can appoint not elect. Law is stupid isn’t it?

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    • No it i the writer who is stupid not the law… you don’t read stuff like you are reading Mulenga and Jelita.

      Not qualifying or being eligible for ‘candidate for election as President’ means or implies you don’t qualify or are not eligible to be president… it is not just standing in an election. Please let me know if I need to spell this out any further than this.

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  41. oops what a country!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!It’s bad 4 this country why people don’t come up with gud laws.Bringing Winter Kabimba again by post or Scott.Then i’ll vote 4 HH if Kabimba will come back.Please scott give edger lungu not Kabimba and his cartel

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  42. I am not a lawyer so excuse my copy& paste from:*********** In 1998, the Supreme Court answered this same question. In Lewanika and Others v Chiluba, the court was asked to disqualify Chiluba from the presidency because his father was “not a Zambian by birth or descent”. The petitioners that Chiluba’s father. There was a Zairian Chabala Kafupi and the Mozambican Jim Zahare. The Supreme Court assumed the facts as avowed by the petitioners and ruled that even if Chiluba’s father were a Zairian or a Mozambican; Chiluba would still satisfy the constitutional requirement of having parents being “Zambian by birth or descent”.

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  43. GOD will give us a true leader not these selfish, and power hungry people.
    Let us remain united & prayerful in this difficult times. God bless Zambia

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  44. Google: eliasmunshya.org after-the-cobra-what-does-the-law-say-about-vice-president-guy-scott for an alternative conflicting view

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  45. Wether UPND was pitted with UNIP Or MMD FDD NAREP without PF UPND can never win the Presidential by-elections mark my WORDS.We will see you the by elections you have been devlinshing about is here let us see where you will GO.HH is it Presidential Material and can’t be Presido never ever in his LIFETIME.You should allow my Blog You LT if you really care about FREEDON of Speech.

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    • BA KABENGELE MIYANDA CAN NOT BE JEALOUSY OF YOU SO CALLED ACTING PRESIDENT SCOTT WHAT IS THERE TO WRITE HOME ABOUT YOUR SCOTT? YOU CALL YOUR SCOTT CLEAN MAN AND THAT HE WONT STEAL, COME ON REMEMBER THE STORY OF HIS PIGS. PLEASE FELLOW ZAMBIANS LET US BE A ISSUE BASED PEOPLE. FOR YOU ATTACK THE ARTICALS HE HAS CITED, NOT PERSONALITIES

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  46. The article is in bad taste. No where does it say that Dr Scott will be the PF presidential candidate to attract the General’s comments. The General must concentrate on mobilising his party as these writings won’t win him supporters nor votes!

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  47. It’s so sad to hear Zambian President Mike Sata is gone for good. What at all is wrong with Africans losing their leaders especially Zambia? Strong short man Chiluba, gone, Calm Mwanawas, gone, now Sata also gone. Even though I am not a Zambian, neither have I been there but Sata’s death reminds me of the pain my country Ghana had to go through following the demise of our late God-fearing President, Professor John Evans Atta Mills where the entire Ghana shed tears for the loss of such a great father. My condolences to all Zambians.

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  48. Ba Old Soldier i think you are just too petty and your legal arguments are very misleading to say the least. Why cant you concentrate on mobilizing your party with your strange “Village Concept”? Stop waisting your time on the laptop and be useful to your community.

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  49. The PF was essentially a two-man party i.e. Sata and Scott who would go to remote villages where in some cases especially Scott walked on foot to campaign. We did not stop him from campaigning for the PF because he was a white man who should not involve himself in Zambian politics. Most people never gave the PF a chance of ruling Zambia and thought of him as a mad white man fighting a lost cause. It was therefore natural for Sata to recognise his contribution by rewarding him with the vice presidency. That is when the people now recognised the ramification of the colour of his skin on Zambian politics.

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  50. ba miyanda please he has just been appointed acting president not president ?i dont see anything wrong besides he is more matured like these others.so to avoid confusions please let cabinet appoint him and we support until elections where probably he will be disquailified .
    and why do we wait till this time to start bringing in up clauses ?alase malabishi

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  51. Ba General STOP this now. We are not all soldiers we don’t know how to defend ourselves if this country erupts. What are you trying to achieve by positing this highly inflamatory posting.

    LT DELETE THIS NOW!!

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    • @ cjay: CJAY above has raised serious issues which you bloggers have not made any comments. Please read what CJAY is saying. This could be very true that President Sata was poisoned a long time ago

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  52. Gen Miyanda, I wish to advise that you concentrate on selling your party instead of wanting to breed anarchy. Zambia has enjoyed peace ever since.

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  53. BGGM is right on this one… if anyone disagrees can they explain the simple question to us: why did Guy Scott never acted as president? In other words why did late president never appoint Scott as acting president? How can all of a sudden after he died Guy Scott can now qualify to act as president? Is it Sata’s death that makes Scott now eligible to act as president? Why didn’t anyone or his lawyers challenge Sata then on this issue?

    I think Scott and his friends are committing a coup detat here.

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  54. I concur with Miyanda; Dr Scott DOES NOT QUALIFY TO BE VICE PRESIDENT, LET ALONE PRESIDENT OF THE REPUBLIC OF ZAMBIA.

    PF party is full of people who just have NO respect for the people of Zambia. Appointing Scott is wrong as according to our Constitution. Appointing Scott is proof positive that PF have NO respect for our constitution.

    Hon Edgar Lungu should be the one to act. If President Sata left him in charge knowing he could never return, then Cabinet should honour him by appointing Lungu. Why do PF continue with this buffoonery? NO it does not show the world that Zambia is advanced. This is about jealousies within the PF. PF fight each other to spite their own progression to return to office after 90 days. Why? Edgar = Gravitas. Sort it!!

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    • @ Patriot Abroad

      Please rant quietly because some people are learned here and you are exposing your shameless ignorance. President Sata DELEGATED Edgar Lungu to act as President, meanwhile the real president was still alive. NOW, the president is dead and all his delegations are irrelevant: it is now the CONSTITUTION that rules and the constitution says the Vice-President takes over until when we have the presidential by-elections. Ngati as PF it has hurt you then all you have to do is use your own PF Constitution to select who will be your presidential by-election candidate. But until we have those elections, as a country it is Vice-President who takes over as President. Don’t force us to say things here, the president has just died. But keep your confusion inside PF.

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  55. How can someone comment “good riddance” on the death of some? This is unAfrican, and if you’re not an African keep the F.U.C.K away from this issue.

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  56. 38. (1) 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.
    Vacancy in office of President
    (2) 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.

    (3) The…

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  57. First things first: no matter ukupilikita, you Miyanda will only end up as president of your own house, never of mother Zambia. So there!

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  58. Where was Gen. Miyanda all this time? Muzungu azalila after 90 days when he will be charged for treason for illegally acting as being president.

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  59. Where was Gen. Miyanda all this time? Muzungu azalila after 90 days when he will be charged for treason for illegally acting as president.

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  60. I disagree with General Miyanda, Guy Scott qualifies not only to act as President but to also be President of this country. The Supreme Court gave guidance on this issue after the 1996 elections when KK and other took the government to court over the issue of eligibility for Presidency. The Supreme court showed that even though FTJ was of questionable parentage (Kafupi his father was thought to be Congolese). The Supreme Court determined that anyone who became a Zambian in 1964 is fully a Zambia . Let us move on with developmental issues, let us not waste time with trivialities

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  61. Honestly speaking this noise at this time is not welcome. Where were the ant-Scott when his ran amok regarding his operations and disregard for the Constitution? Why this syndrome of waiting to talk until it is too late. Is LAZ, HIGH COURT and PARLIAMENT all ignorant of these facts if at all are facts? This same document BG Miyanda and P Muyunda are quoting started in parliament to be upheld by the judiciary and yet the structures that were supposed to advise are quiet – I take it that silence means consent.Otherwise, the watching world is tired of laughing at us indeed; as people who do not know what we want. LEAVE HIM ALONE FOR THE INTERIM PERIOD ATLEAST. WE ARE FED UP OF TRIBALISM AND NOW WE WANT TO EMBARK ON RACISM.

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    • If the constitution says the VP takes over, then why did Cabinet have to ‘appoint’ Scott?

      You are insisting on the constitution to take lead, but you are overlooking the fact the process you are employing is flawed.

      Zambia is the only country where political buffoonery is condoned! Shame on us.

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  62. Article 34 (3) (b) states that “A person SHALL be qualified to be a candidate for election as President if ‘both his parents are Zambian by birth or descent’ ”,
    My English is too bad, I cant understand a thing here!. Kushe, is it not stated that any person who was there on 24th October 1964 became a Zambian Citizen automatically?. Also, we hear that Guy Scott was born in Zambia but his parents (who were also freedom fighters) were in Zambia at 1964, doesn’t it automatically mean Guy’s Parents were automatic Citizens?. Maybe Lawyers are liers , please those who know English very well, kindly assist!

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    • Mwana, Zambians no matter how educated they are like to overlook things which do no favour them.

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    • yes ‘‘both his parents are Zambian by birth or descent’ … it is not just the act of’being there’. Scott’s parents are Scottish… Zambia doesn’t have dual citizenship.

      And anyone who doesn’t qualify to run for an office can’t hold the office… it is one and the same thing.

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    • Maverick is right.
      Anyone who does not qualify to hold that office would not run for that office.
      Sata was advised by the lawyers not to violate the constitution anymore than he had already by appointing Scott to VP position. That is the only reason why Scott was never asked to hold the instruments of power any time during Sata’s presidency.

      As regards lawyers, yes my dear. They are liars. Most of them. Zambian lawyers that are liars are not even ashamed of it.

      Ever heard of an oxymoron written on the headstone, “Here lies a great lawyer and an honest gentleman”? It is an old joke in the legal fraternity.

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  63. Article 34 (3) (b) states that “A person SHALL be qualified to be a candidate for election as President if ‘both his parents are Zambian by birth or descent’ ”,
    Infact, what does the word ‘by decent’ mean in this case?. Maybe General Miyanda has lost it.

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  64. General Miyanda, you are tarnishing your integrity!On 24/10/1964, there were no Zambians by descent or birth who qualified to be president. They were new born babies. Everyone else was confered Zambian citizenship (whether Northern Rhodesian or Barotse) -this includes Guy Scott, his parents and you,General. The parentage law was faulty and hastily introduced by Chibula to block Kaunda from recontesting presidential elections- with malicious intentions! You know this very!Instead of fighting to repeal the discriminatory constitutional law, you start proping it? On this basis I contend that Guy Scott qualifies to be president. If it was not an issue on 24/10/1964, why now? Please retract your view and return the being the man of integrity that we know you to be. Disappointed.

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  65. Article 34 (3) (b) states that ‘A person SHALL be qualified to be a candidate for election as President if ‘both his parents are Zambian by birth or descent’. This literally means that a person is barred from contesting elections for president, and NOT TO ACT AS PRESIDENT.

    This therefore qualifies Scott to act as president of the Republic of Zambia for the next 90 days!

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  66. Remember guys what late State counsel George Kunda used to say “one day we shall have a constitution crises in this country” this looks like one, may legal minds help us on this one. On the other hand I express my deed sympathy and empathy to Madam kaseba, the whole Sata family, the PF and the Zambia as a whole. Its a great loss.

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    • What crisis?? The only crisis we seem to have, is your interpretation of our constitution with your “woolly” knowledge of it!

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  67. Mr Miyanda. I personaly agree with yo point. But my view is that this is a wrong platiform, none of this can be resolved here. The best place to resolve this is to approach the Courts. NOW. U have elaborated how a mistake was started and now its just being perpetuated. So the Courts are the best to sort this out. What they decide assists the Country going forward, as guideline with be clear. Otherwise we just talk on this platiform, nothing will ever change. Another President will also do the same bcoz if you new Sata’s Cobra mind he never did anything without a motive. This was meant to secure his power. He meant to leave a gap to those who qualify, that way no challenge. Every1 in the end was left a kadancer to his tune. Go to Court and lead us! You are a visionary man!

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  68. Zambians at the present moment are not the way they were at independence when a majority of the people were so gullible that Kaunda got compelled to appoint even the semi literate individuals like Chiwere Maimisa into government. This time around there are many erudite people who should not allow allow any one who does not understand the law to misinterpret it and thereby mislead the people of Zambia. Therefore, let the upright people explain to us what the law says about who should take over power in this situation we are without the the elected president. Mishandling of this situation can lead to trouble too big to contain. I want to quote this philosopher called Albert Einstein: ‘ the world is a dangerous place, not because of those who do evil, but because of those who look on and…

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  69. The Brig Gen!! This is day 1 of the 90. All presidents are jostling to place themselves in a position to pick vote on or before the election day. Elo imwe mwatampa wasting time on a temporal Scot job. If I had not supported you in 2001 as you released those doves at high court, I’d have thought it was an imposter. See how far you have fallen!!

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  70. This clause in the constitution is being misintreperted even from the get go. If you read it literally it implies that a candidate who seeks to run as a candidate for the presidency in an election shall be allowed to contest if both parents are zambian by birth or descent. Legally speaking Scott does not fall in this category. Think about it guys. He is not rallying as a prseidential candidate in an election for the presidency he is merely acting in the abscence of the substantive president. To me he can act for the 90 days. It not illegal. What would be illegal is if he is allowed to run in the presidential race in an election for the seat of the substantive president.

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    • Reason,
      Another perspective is this:

      A person who does not qualify to hold an office is legally barred from running for that office.

      For instance,

      If Reason is not qualified to hold the office of the president, at the time of filing his candidacy papers, he will be told he does not qualify to hold that office and therefore will not be allowed candidacy.

      Please understand, election is not an end in itself, but a process toward holding office. Holding office is the goal. If Reason does not qualify to hold office, he will not allowed to run for that office.

      Get it?

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  71. You chaps, its not time for acts or who does not act. Just what is wrong with you people. Its just for 90days. Why the panic please.

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  72. I am a life scientist and clarity is strength. As an example, the statement, “catalytic subunit A dissociates from regulatory subunit B and migrates to induce gene expression” to me is precise.
    BUT General Miyanda, SIR! if Zambia came into existence the midnight of October 23rd 1964, don’t you think that the statement “A person SHALL be qualified to be a candidate for election as President if ‘both his parents are Zambian by birth or descent’ ” means all the former presidents of Zambia, whose biological parents were born before Zambia came into existence acquired the seat of presidency by fraud and therefore, their decisions from nationalization to privatization and borrowing so much money from other countries could be deemed non-binding?

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  73. There are matters that should not even be up for debate. To begin with there are a lot of laws that have designed to “fix” others and that is clear. Secondly, we have laws that make no sense any more (I still talk about the reflecting stickers on modern cars as an example. One cop failed to tell me statistics of how many vehicles had been endangered as a result of not having reflective stickers). This particular law must really be up for amendment so that normalcy can prevail. In the meantime I would love to hear from our learned friends’ response to Brig. Gen Miyanda’s qualified concerns about this matter, although I see Article 38 kind of puts another stunner to this matter.

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  74. All yo very smart Zambians commenting have up to three months to put your weight behind a candidate of your choice or just go home and become candidates yourselves. Campaign and vote and may God’s will prevail. Stop talking and just act Ba fikala!!

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  75. Gen Miyanda needed to make reference to the kafupi case as handed down by the supreme court in which they interpreted the parentage clause as follows;

    Anyone who was in Zambia by 1964 became a Zambian including Scotts Parents

    Adopted children say a chinese child automatically qualifies for President although his blood is not third generation but made through adoption

    Proof of citizen shall be by NRC and affidavit which anyone can challenge only after the applicant has won or lost the elections.

    If guy scott presents himself to the Chief Justice at nomination filing and presents is NRC and affidavit that he is Zambia, he qualifies.

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  76. He was a bully who desired nothing but his way, constitution suffered, he paid little attention to it, that’s the reason he appointed Scot whose parents are NOT zambian citizens, that ‘s wat the law says, he was a grave believer in tribalism 99 % cabinet ministers and PSs are bembas under him.

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  77. Gen Miyanda’s assertion that Hon. Guy L Scott is not qualified to act as President is legally incorrect and can only be the result of bad reading of laws. The literal rule of interpretation, which was endorsed by the Zambian Supreme Court in the
    Mutuna case, applies to constitutional texts. Article 38 is clear and unmistakable. It means that when the Vice President acts as President in line with Article 38(2) of the Constitution, he holds the higher office for a specific period (90 days) for administrative convenience only. The acting appointment is meant to provide continuity, or to avoid a vacuum, in that office. This temporary appointment must not be confused with a substantive appointment to the Presidency under Article 34 of the Constitution.

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  78. Gen. Miyanda fell into a grave error when he proceeded from the false premise that there is an interplay between Articles 34 and 38 of the Constitution. Simply stated, there is no such connection as the former provision deals with a substantive appointment in the office of the President while the latter provision relates to acting appointment in that office. To state that anyone acting as President must meet the qualifications for election to that office is to introduce unwarranted glosses and interpolations to a clear and straight-forward legal provision. In short, Gen. Miyanda’s legal analysis is seriously flawed and unsound. It is an act of mischief to try to complicate a straight-forward legal provision.

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  79. We still love Zambia and let Guy Scott act to the hatred of some people. No matter what you say. It will never change the status quo. As for Miyanda he has always been division minded and controversial even in church. Talking for nothing every time.

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  80. I was just glancing at your posts and I must say most of you really have a problem with a WHITE guy holding any office. I would say, no matter the color, that all politicians are crooks. No matter what reason they go into politics they eventually want that power and most of the time its via corruption. With as much wealth as Africa there is absolutely no reason for poverty. The politicians steal some and their lord and masters steal the rest. The greatest example of someone who lost there way is Barack Obama. He came in with lofty ideals but was quickly corrupted by those in charge.

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  81. its quiet funny hearing some friends from Zambia making mockery of west africans.
    no west africa country has declared 2 months of mourning due to the demise of a sitting prez.
    now, what is happening in Zambia will not happen in any democratic west african counrty. if guy scott does not qualify to be prez, then why choose him as vice? in many of the west african countries, the prez and the vice is a joint ticket during presidential elections and what qualifies someone to be vice prez is the same as the presidential candidate. in any case, guy was born and bread in zambia so why does the zambian constitution sees him as a scottish? there is the need for serious constitution amendment….you can learn from the ghana model, a perfect example to learn from. my condolences!

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  82. I call on those celebrating MCS death to go into bars and celebrate if they are not cowards instead of using aliases on Watch Dog and other media. Go in Cairo Road and announce to everyone that you are happy

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  83. So Bana Nono was actually right when she engaged Bawishi Nono in the discussion on the health of the late President. Power of a woman-always amazing!!!

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  84. We have a holding case of KK when parentage was contested. KK Won the case in 1998 .
    In the sup court. It is an interesting case study lets wait and see. . Currently its clear that he qualifies /..

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  85. Fact of the Constitution:

    1. Guy Scott as Vice-President qualifies to act as President.
    2. Guy Scott does not qualify to contest as or let alone become substantive
    President of the Republic of Zambia.
    3. The late President was within his rights to appoint other persons other than his
    Vice-President to act in his place while out of the Country.

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  86. You are here: Home / 2012 / January / 14 / Guy Scott qualifies to act as President of Zambia-LAZ
    Guy Scott qualifies to act as President of Zambia-LAZ
    Time Posted: January 14, 2012 7:43 am
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    8,603 views | 45 Comments | Email This Post | Print This Post |
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    VICE-PRESIDENT Guy Scott
    THE Law Association of Zambia (LAZ) has said Dr Guy Scott does not only qualify to be Vice-President but in fact qualifies to act as President of Zambia in the absence of Mr Sata.
    This has been disclosed by LAZ honorary secretary Paulman Chungu in a statement issued in Lusaka yesterday.
    “Our position is that Dr Guy Scott is perfectly qualified to be Vice-President and in the absence of the President, for whatever…

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  87. General, I beg to strongly differ with your conclusion. Guy Scott doesn’t qualify to stand for election as President but he does qualify to act as President. The act only excludes one become President through electoral means but doesn´t exclude this specific case i.e. through succession following the death of the sitting President. Article 34 (3) (b) that you quote is clear i.e. “A person SHALL be qualified to be a candidate for election as President if ‘both his parents are Zambian by birth or descent’ ”. Actually strictly looking into the letter of the act, it excludes both women (because it implies the candidate can only be male) as well as individuals who are born of parents who are not of Zambian descent – basically we need to revamp the whole thing

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  88. We would think a military man such as the Brigadier (retired!) should know where he stands and his relative importance in the universe. Ask yourself:

    Did anyone ask you for your opinion, sir?
    Did anyone elect you to start making statements – do you have any mandate, sir?
    Have you considered the benefits of just being quiet and enjoying your retirement without constantly yapping, sir?

    Answers should be NO in all cases. An old man acting as if he has a mandate but it is based on fantasies of self-importance

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  89. Just to add – there is a problem in a country like Zambia where there has never been a war. Brigadiers and Generals have a sense of angst and self-loathing due to never having done the job they were trained to do (fighting a war). They have loafed all of their lives and they use a day spent commenting on Lusaka Times as an excuse for a job. Try farming

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  90. Nakabili nabwekeshapo, Miyanda, your writing won’t take you anywhere, ifwe, we are for Scott, weather you like it or not, na chi constitution, twalachipisha nomba. You are a bitter person. Any way, your Party is only a half of your family member, keep on barking!!!

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    • NAKABILI NABWEKESHAPO BA KABENGELE MWALIBA DULL LIKE YOUR FELLOW PF THUGS. MIYANDA IS ALWAYS FACTUAL AND FORTH RIGHT.

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  91. These comments are very depressing. Is Zambia still so determined to hold on to old colonial wounds that we refuse to move on and embrace our present? If America managed to embrace a black man as president with no problems, why are we so viciously against embracing a white man? It shows us unable to look past the colour of a man’s skin, and that is a terrible thing. A man whose skin is light – a man who was BORN in Zambia by the way, not Britain – is not the same as the British government deciding to rule over Zambia. Shame on you all who are judging him on this. This makes the Zambian people look like intolerant racists. Have we learned nothing from our past other than hatred and bitterness? What hypocrites we are.

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  92. All bloggers above.Keep wasting your time debating the next 90 days. You are all myopic. We do not care whether it isScott , Kabimba, Lungu or Kambwili the next three months. The people of Zambia have already decided. Come 90 days HH will be the inaugurated President of Zambia. VIVA HH!!

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  93. but i fail to understand the general here .he is talking about becoming president where does it say he cannot as acting president .besides the General shud understand that there is what we call precedence in law that can connect this to the Chiluba CASE. SO WHAT DOES THE GENERAL WANT. INSTEAD OF MORNING HE IS BUSYING HIMSELF WITH READING ARTICLES .AND WHY DID HE NOT RAISE THIS A LONG TIME A GO .PLEASE GENERAL HOLD YOUR GUN WE MORN OUR PRESIDENT FIRST WE DONT NEED THESE ARTICLES YOU ARE POSTING .PERSONALLY I AM NOT A CADRE BUT I WOULD NOT LIKE TO SEE US DEBATE AN ISSUE WHEN WE ARE STILL MORNING

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  94. AND ANOTHER ISSUE HERE IS TALKING ABOUT BEING A PRESIDENT THAT IS GOING FOR ELECTION.THE ISSUE HERE IS ACTING IN THE INTERIM

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  95. I have noticed that such social media fora are mostly dominated by Zambians or wanabe Zambians in the diaspora who have no idea how it is in Zambia right now, the mood, or anything going on for that matter!!! I am not taking it away from them koz it may be something that makes them feel more Zambian or try to be in touch with Zambian roots, but it is always dominated by skewed opinions and ignorant ranting on about something you do not understand. Can we get some form of information, research or consultation before you show yourself to be even less Zambian than the indian in Kamwala or chipata, the somalian in matero or Ndeke, the boer in mukushi or the Scottish guy running the country right now.

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