Attorney General Musa Mwenye has clarified that the decision by Cabinet to uphold the provisions of Article 38(2) of the constitution which allow the vice president to act as president whenever the office of president becomes vacant was informed by the fact that, although Justice Minister Edgar Lungu was acting President at the time of the death of President Michael Sata,there is no provision in the constitution that automatically empowered him to continue acting as President.
Mr Mwenye in a statement made available to the media said that the constitution only makes provision for the Vice President or if the Vice President is unable to act as President by reason of mental or physical illness, then a member of Cabinet elected by Cabinet.
The Attorney General has reminded the nation that when late President Levy Mwanawasa died, then Defence Minister George Mpombo was acting President, and that after death of President Mwanawasa, President Rupiah Banda who was then Vice President had to assume office in accordance with Article 38(2) despite Mr Mpombo having been acting President at the time of the death of the President.
He added that the constitution does not place any other qualification for the Vice President to Act as care taker President, other than, that he should be Vice President.
Mr Mwenye further stated that if Dr Scott was unable to Act because of absence or mental or physical illness,then, Cabinet would have had to elect a person from among its members to Act.
Mr Mwenye said that as Chief Legal Advisor to government, he can confirm that all members of Cabinet acted with utmost patriotism, which should be a source of pride at this most difficult and sad time.
Then those thugs who want to overthrow the acting president should be arrested for treason
Though am not an ardent suppoter for PF, I think it was a good move to let Guy act for both PF and Zambia at large. The playing field has now been leveled for those who wish to stand as PF president. Imagine if Kabwili was acting. Who would have had the guts to stand as he would have had an upper hand. Let the game begin!!!!!!!!!!!!!!
Hopefully someone explains this to the drunks paid to protest over things they don’t even know. Anyone with counter arguments, should use the law for that. Otherwise, this is plain and clear. He is just a caretaker, what’s all the fuss about?
Mr Attoney General,
Goerge Mpombo may have been ACTING President at the time of Mwanawasa’s death and the then Attoney General or indeed Cabinet overlooked Article 39 of the Constitution. That does not mean that you, too, should ignore the Constitutional provisions on who should receive the instruments of Power from an Acting President. Article 39 does not in anyway suggest that the intruments of Power can go from an ACTING PRESIDENT to a VICE PRESIDENT. It doesnt and it is clear that POWER should be handed back ONLY to a PRESIDENT (INCUMBENT OR NEWLY ELECTED) therefore Scott is occupying his current position illegally
Very good Musa!!
If Musa Mwenye was Zambian, I could have nominated him as next president!!
We miss Mumba Malila…. if it was him explaining this he could have done it in 3 sentences, and all Zambia could have given him standing ovation.
He looks clean cut, clean and somewhat or wholesome clever. He cites his answers with practical examples that you can reference. This guy is actually smart is my gut feeling now – these are the hidden leaders.
But Rupiah Banda’s parents were both zambians
By Elias Munshya
1. Why did the Attorney General only rely on Article 38 which deals with vacancy in the office of the Presidency without addressing himself to Article 39 (1) under which Hon. Lungu should have been appointed since the President left the country for medical purposes?
There was no need to address himself to Article 39 because President Sata died. When a President dies, a vacancy in the presidency is declared and that triggers sections of the constitution that deals with a “vacancy”. One such section is Article 38.
By Elias Munshya
1. Why is it that President Sata never allowed Vice President Guy Scott to act as President if not for the reasons that he was incapable to perform functions of the office of President? Why should he act now that he is dead?
I do not know why President Sata never allowed Scott to act. Guy Scott can act now that President Sata is dead, because as you have said it, he is dead. President Sata and his actions or inactions are never a source of constitutional law in Zambia. The source of Zambia’s constitutional law are as follows: (1) the text of the constitution, (2) the judgements from the Supreme Court and the High Court, (3) unwritten conventions from our English Common law heritage, (4) Acts of parliament.
By Elias Munshya
3. Was President Sata on the wrong side of the law when he asked others to act even when the Vice President was verily available in the country?
This question has no relevance to the matter at hand. The question is not about whether Sata was right or wrong, but rather what should happen in the event that there is a vacancy in the presidency. According to our constitution, the repository of Executive power in the event of a vacancy in Zambia is the Vice-President.
So has, Attorney General Musa Mwenye committed treason? Not a bit.
What a shallow explanation from this incompetent Attorney General. Has common sense and reason become so expensive with folks like Musa Mwenye these days.
There is a major difference between Rupiah Banda acting to Guy Scott, in that former President Banda was eligible to hold that office, while Guy Scott isn’t.
@ Action Man,
You have given a very good account and legally sound argument to issues around Article 39 and I applaud you for that.
However, you have ignored one point and whether or not Lias Munshya raised is another thing.
The Constitution does not provide for a “Acting President” (Substantive vice President or anyone appointed from Cabinet) to hand over the instruments of power to anyone other than A PRESIDENT. It is very clear in suggesting that “The Acting President can only hand Power back to the incumbent President following instructions from the Speaker or to a “Newly elected President”. We shouldnt ignore this provision or skim around it since we had Edgar Lungu acting as President at the time of death.
QUESTIONS FOR PF BEFORE ELECTING NEW PRESIDENT.
1. Why did PF Don’t Kubeba us about Mr. Sata’s health and what guarantee do we have that they won’t lie to us again? Some people have to account for this….
2. Why do you (PF) allow your cadres to misbehave and disturb our peace?
3. Was the bloated cabinet under MMD reduced as promised? This is partly the reason for the high debt we have now accrued due to limited revenue thereby enslaving future generations.
4. Constitutional reforms promised in 90 days, how far?
5. Where are the jobs and more money in our pockets with this wage and employment freeze?
6. Why allow the vendors to litter our streets?
7. Charges and harassment of opposition political party leaders and people with divergent views, how and why?
8. The unnecessary
8. The unnecessary by-elections we have experienced, any reason?
9. Appointment of relatives, cadres and friends without giving every Zambian a chance to aspire for the jobs, are others less Zambian?
10. Many contracts to companies that have been corrupting you as alleged by Mr. Chikwanda and making the Anti – Corruption Commission toothless but used to settle scores, just explain?
11. Why have you not pursued our money borrowed from DBZ to be paid back by the people that operated Zambian Airways? You know them…
12. Why do you (PF) like Don’t Kubebering us most of the time? Any new promises to tell us during the campaigns?
Next time we see him Mwenye, he will tell us sikote can stand , watch the space.
@Nostradamus – LOL! I hope you don’t think Musa is Indian. LOL!
This madness of every street guy and blogger becoming a qualified lawyer after reading article 39 tells you why this country is still under educated. If Edgar Lungu did not hand over power, we could have had the same minions jumping up and down and praising the confusion saying PF that and this, the moment that did not happen all the minions become lawyers with a phd in article 39 and a minor in article 38. You cant contribute to develpment by marely been negative and an arm chair critic with knowledge based on i hear i read they said that and this. Grow up ba mambala!
Elias Munshya YOU ARE MISINFORMED, SATA was UNCONSCIOUS WHEN EVACUATED – HE HAD NO CAPACITY TO HAND OVER INSTRUMENTS OF POWER! Lungu was appointed UNCONSTITUTIONALLY & ILLEGALLY BY CABINET! Let Cabinet quote the Article which gave them such powers – apart form them declaring presido infirm & referring to the Chief Justice, who would have set the ball rolling in terms of replacing infirm Sata – which was never done in those short hours it took for cabinet to announce Lungu was acting!!
Is that so ? Glad to know. Now i am well versed.
Guy Scott doesn’t qualify to either stand as a presidential Candidate nor act even in an interim capacity.
Do not be wood winked by this shallow mind to think the circumstances warranties that because unlike former president Banda, Guy Scott doesn’t qualify
Then the next step for me for the cabinet is that they are to blame because Sata became incapacitated long back, why did they have to wait for his death to sort out this. I am just worried that after 50 years of independence we can return to having a white man for president. Honestly does zambia lack leadership form within its indigenous people to find one. I blame Sata (MHSRIP) for all this and blame his cabinet for allowing this guy to be Vice President. If they had read the constitution and understood it the way it’s been out by Mwenye Musa why did they not challenge it when Sata was alive and capable. This is why I can’t nor will ever subscribe to poor African leadership that only thinks about their tummy when in ministerial positions and only react when they feel threatened. Sad
Good at least u can use your heads and do some research lol not rocket science fella
Iwe Mwenye(Indian), you forgot or deliberately chose not to tell us where RB was at the time. Dont compare apples with mangoes.
This is the biggest point. RB was illegible to Act as President and not the case of Scot. Mwenye is a failed lawyer now. Your statement Mwenye can only be bought by those that cannot analyze issues and read between lines. Whom are you afraid of? Mwenye, do not sell our country or it will come and hound you.
@PM, at the time Mpombo was acting President…..Rupiah was also out of the country. So it was proper that when he came back the instruments of power were handed to him as veep. In this case when MCS left the country , Guy was around but the President chose to give them to Lungu. So it should be Lungu until elections in 90 days.
All those Bemba folks that are crying over spilled milk listen to this simple explaination.Mr Sata as president was at libert to appoint any one as acting president each time he was away,But he powers ceases once he expired and the constitution now takes over.Lungu if he was vice president he could have automatically continued as acting president,hence ceases to hold that office the munite the president dies.Therefore he does not need to hand over power to the dead president but the acting president who ceases to be vice president .This move is automatic and it does not require cabinet to vote.However if Scott had declined due other reasons like those outlined in the constitution cabinet could elect a new acting president not necesaryly Lungu alone,but any other including Lungu himself .
@Presidential advisor – On the contrary, RB was in the country in Eastern Province attending to a family bereavement.
This has always been my understanding and it is very plain in the constitution. Busy bodies like Miyanda and Mwaanga, the latter always on the prowl for a job from who ever holds the purse strings, should realize that their interpretation of the law is very shallow. To Miyanda, my advice is don’t get involved in the turf war going on between the two PF camps, each of which wants this acting president position so as to give an advantage to their preferred presidential candidate when he is chosen not far from now. The PF factions know the advantages that will accrue to their candidate such as free helicopter rides, access to government resources and all manner of largesse that goes with being near the acting president during the forthcoming campaigns.
@SIDO MARK
Think of article 39 Mr. Sido Mark, honestly you won`t just ignore it because President Sata the one who chose Lungu is dead.
I think read through from 33 to 40 and come up with something. Otherwise you sound trible Mr. Mark.
Case closed. It cant be clear than this.
That is what happens when you are effectively a member of the Cartel. Who does Mmembe think he is by continuously alerting the Zambian people to behave themselves? Just pay your debts and we can all move on! Who does this bagger think he is, Rupert Murdoch?
The law is really vague and this is a contentious matter that can be taken to the courts of law because interpretation defers depending on what one wishes to follow!
The late George Kunda in fact explained the issues of acting president versus vice president quite well. George Mpombo had tried to argue this issue in the same way the Lungu sympathisers are arguing but was overruled and in the end gave way to Rupiah because that is what the constitution stated. Part of the beef between Mpombo and Rupiah leading to Mpombo’s resignation was this very issue. As for Scott not acting when Sata was around, this was just due to Sata’s lawlessness and lack of respect for constitutional order not that he understood the constitution. Scott can act as president even as he cannot be a candidate for president.
@Deep thinker
We are not Edgar Lungu sympathisers. We are LAW abiding Zambian citizens who want to ensure that the LAW of the land prevails over everything we do.
So who overruled Mpombo? The Courts are the only “mandated” body in Zambia to “rule over disputes” relating to the interpreting of the Consititution. So where are the case details?
This is a very clear explaination from the attonery General and am sure it has put to rest those different interpretations of the continue.
I do remember very well that when George Mpombo who was a minister of defence by then,he was left to act as Republican presidnet when Mwanawasa left the Country.RB was within the Country and he was in Chipata mourning his Mother.
It is my humble appeal to all Zambians to remain calm and support the decision of the Cabnet.
Plain and simple. Thank you General.
The ONLY source of problems over this issue has been Bembas, right from the start. They are not even ashamed that one of theirs has died and that he needs to be mourned in dignity. If you think I’m just being tribal check Lusaka times, Zambian watchdog, facebook, you will find that it is mainly Bembas who are making noise, led by chief dikhead Kambwili Chisushi. These people will never allow any other person to lead PF other than a Bemba. Even if Guy Scott stepped down now and Edgar Lungu takes over, the next thing we will see them demonstrating against Lungu saying he is from Kabimba camp – I say this because that is what they had started saying about him, it is just Sata’s death that curtailed their noise. Bamambala. Just leave them with their PF, don’t vote for them in January.
That is your silly opinion. Most of the so called Bembas do not support Chishimba Kambwili because he does not cut it. If anything, they would rather have Lungu. So don’t let you mind play tricks on you. Also, since when did Zambian Watchdog publish comments from anyone identified as Bemba?
I have never seen a country with so much confusion and stup!dity like Zambia. “No, Scott can act as president but cannot run for president”, ” No, Scott is inelligble to act as president”, ” No, there’s no provision in the constitution that empowered Edgar Lungu to automatically continue acting as president”, “No, the courts should interpret the law”, ” No Article in the constitution that stipulates that acting president should handover power to the Vice President”. What a country !
Bashi Nono, you told bana Nono that should Sata die when Guy Scott is still Vice president, you would deal with the crisis. Is this what you meant?
Well, our late president screwed up things the very first day he appointed Scott to be Vice president of Zambia, and I wonder what Mugabe is thinking…
President Sata left Zambia under Article 39(1) of the Constitution. That is, absent from Zambia by reason of illness. He appointed Hon Edgar Lungu to act as per that Article. Therefore Hon Lungu can only hand over power to President Sata when he returns or if he has died as is being reported to a President who shall be elected after 90 days but not to the Vice President
Iwe the AG has articulated the issue very well. History and posterity will be on his side. Well done! 90 days is very short and you ba PF can choose a person of your choice to lead you into oblivion. The PF went down with the Great Sata!
Thank you AG. I hope the ignoramuses will now shut the hell up! This is the culmination of actions of a population that thinks that life is only about certificates (yes, they think to forge a certificate is to be educated), quote verses out of context (yes, they sidestep anything in their own scriptures that is uncomfortable to read) and sinister scheming (the clause involving parentage was a quick patch-up to achieve selfish ends). Add to that the fact that the power of critical thinking has diminished over the decades and you have a potent mix of ignorance that borders treasonously dangerous precipices! I shudder to imagine the descent from this low level to something even uglier and basic. God help us!
Arrest Kambwili
Thats why I can’t allow my children to do law. if Jesus had to come today very few lawyers can go to heaven. Most of them will perish with their clients.
This is a legal debate in which no explanation would satsfy every one. Even judges on the bench devide when deciding certain cases, thus dessenting judgements are read after the judgement.
Remeber, lawyers argue cases according to their battered side of bread, even if they are aware of their wrong.
The AG’s comparison of this with Rupia’s scenario also lacks much legal merit; the circumstances sorounding the two are very different. Rupiah was out of the country when Levy left & took over from Mpombo before Levy’s death, most probale at Levy’s instruction.
Anyway,
Hope for better you are a liar. RB was in Chipata mourning his mother, he was not out of the country.The situation is squarely the same as that of Lungu.Lungu is a lawyer he knows this that’s why he did not resist like mpombo who did not understand the law.
I thot ths man ws highly educated even u chaps supporting him. He deliberately chose 2 ignore all contetious issues raising questions among zambians;
1. He completely fails 2 differentiate between the office & the person in the office (does guy scot qualify)
2. The constitution is suppose 2b ready as a whole (nt jst picking one section) thts y its reads, “subject to the provision of this constitution…”
3. Where wz RB. @ tht tym wen mpombo acted?
4. Did RB. Act as president b4 hs apointmnt afta the death of Levy?
So u see if u look @ the statement u will see tht none these questions r addressed.
Whch sch did this man go to??? & who apointed him??? I thnk we cn do better…
The president left the instruments of power with lungu who is our next president. we fear scott might be used by evil forces to kill baby lungu
Lungu’s position not covered by constitution…….Yes you like Lungu but using which route to take over…….Isukula very important.
“He added that the constitution does not place any other qualification for the Vice President to Act as care taker President, other than, that he should be Vice President.”
So as the law stands as at now even my 19 year old son can act as President as long as he happens to be vice president at the time of the President’s death……comedy. This constitution definitely needs changing
You are a f.ool. Your 19 year old son would not even qualify to be a Vice President in the first place. You have clearly misunderstood the statement. You need to retake Reading Comprehension and Critical Reading & Thinking. Sambilila mune.
Very Very Dull Lawyer ,
1. RB was out of the country when Mwanawaa appointed Mpombo acting President while Scott was around when Sata appointed Edgar to act, Why didnt he put Scott to act?
2. RB was eligible to stand for presidency while Scott is not eligible that is why RB was put to act.
You mwenye even my 10 year old daughter knows this.
How much intelligence do you need? Your 10 year daughter seems to have more intelligence than you. RB was in Chipata. The last time I checked Chipata is in Zambia. Who gave Mpombo to act as President? Why was Mpombo acting when RB was in Zambia?
Why are we still debating this simple issues? Go back to work!
Very Very Dull Gambino – RB was in Eastern Province (a province in Zambia in case you don’t remember) attending to a family bereavement at the time.
Gambino, very dull indeed, RB was NEVER ELIGIBLE, becoz born in Southern Rhodesia, with parents either from Nyasaland or Southern Rhodesia, hence Mwanawasa NEVER LEFT HIM TO ACT, but clever chaps like Katele convinced MMD to adopt him, & for the very first time we had a NONE TRULY ZAMBIAN PRESIDENT, unlike LIVINGSTONE, Southern Province , born Guy Scott!!
I personally do not understand what the debate is over who should act as president. The highest law of the land clearly states that it is the vice president and NOT acting president. Let us respect the law of the land and avoid debates that do not build. What does our nation stand to lose if Guy Scots acts as president for 90 days? Nothing at all. PF should put the their house in order and offer leadership at this critical time.
PF will have problems to even choose who to stand for presidency. I can tell you muzungu may not easily win in Africa even Fred knows that. So how are you going to choose a candidate now. pin pointing? conversion? how? Mwailasha ba PF. those who are supporting Guy do not know what this whole action is pregnant of. Please cabinet give the instruments of power to Lungu I beg you. You may end up forcing matters and allow Guy to contest finally, but Guy has a dent of being “white” it sounds racist but very few people will agree to be led by a white man
Don`t even blame Scott or Musa Mwenye. Blame your small brains. Isn’t this the reason we tell you to elect sensible and smart people as national leaders. You elect people based on your tribe, and when things backfire you complain—–and too dull to realize that you are part of the cause.
Question for all noise makers: suppose you die tomorrow or indeed today, would any of these arguments be necessary to you? Not at all. You are arguing because you think death does not affect you. Learn to respect the dead. This talk is totally unnecessary at this moment; whether Guy Scott or Lungu is Acting President is irrelevant. What is important is to mourn our late President with honour and dignity and campaign latter. It is only for 90 days. Find better things to do in 90 days other than this futile debate.
Dear folks, the explaination given by the Attorney General lacks merit and what a shallow minded AG in the name of Musa mwenye we have. How can he compare the case of Guy Scot whose parents were non zambians to that of George Mpombo an indegeneous zambian as well as Rupiah Banda. The cardinal point here is Guy Scot does not qualify to either act or stand as president simply because of the parental clause in the constitution. Edgar Lungu was only supposed to hand over the instruments of power to an incumbent president upon return or an elected president following the demise of the president. There is no where where it is written in the constitution that an acting president can hand over instruments of power to the vice president in our situation. Guy scot is acting illegally period.
Who said Rupiah Banda’s parents were Zambians? Even George Mpombo’s parents being Zambians? Hear say? We do not know because none of these two have a sworn affidavit that their parents were Zambian BY BIRTH. You can only say so because there are records stating when Guy scotts parents came to Northern Rhodesia and later became zambians For your records Rupiah Banda was born in Zimbabwe and he confirmed that when he went to Zimbabwe on official visit, God knows where his parents were born as there are no RECORDS!! You all that. Who knows anything about George Mpombo’s parents, I don’t know.
I like the bit about George Mpombo having been the one acting president at the time of LPM’s death … then RB was subsequently confirmed as acting. Does this sound like Edgar Lungu could one day end up in jail like Mpombo has?
@ 12 Observer ifyou are honest with your statement ” … I have never seen a country as confused as Zambia …” then you are one of those most uninformed Zambians. All that is happening is Zambia is healthy debate, but check out other countries, they not only unleash pangas, axes, spears but even bullets on each other, no need for me to catalog the countries lest I breach diplomatic protocol, but we have heard and some of us have witnessed the chaos that occurs in other countries in such situations. GOD BLESS ZAMBIA.
…at times this subject called LAW disappoints me a lot…more often than not it has two faces on one head.
The issue here is not what the constitution stipulates….no doubt the constitution is very clear. The issue here is whether Scott personally qualifies to sit in that office. Lets assume there was no Scott and say Kambwili or Chenda was the VP perhaps all this fuss would not be there……
What does the constitution say about the process of revocation of the instrument of power Lungu had??
What could have been the reason for such a clause which bars Scott from standing for the highest office..??
If Kabimba was the one acting in place Lungu, could this have happened??
..The acting president is only denied to dis-appoint anyone but has any other authority/power the president has..meaning among other responsibilities, he also assumes the commander in chief portfolio.
Apart from trying to bar KK who had his Malawian parents in 1996, it also guarantied that the president had 100% allegiance to Zambia. State secrets must only be shared with a 100% Zambian. It was assumed that anyone with parents born somewhere else, his allegiance will shared between Zambia and the country in this case UK.
Between now and the election time, what will the security chiefs be reporting to Scott??
Those protesting were supposed to do so the time Scott was appointed VP.
If God blessed Scott to live to 100 years, he will probably be in care home somewhere in Scotland
Ian Khama of Botswana, the mother was british, Jerry Rawlings, the father was scottish, Barack Obama, the father was kenyan, Prince Philip is Greek, so many examples, what is so special about zambia? Go back to work and stop this futile debate!
@Kimbaguist..
….we are actually on the same page only that u did not read my posting between the lines….I’m actually in a way trying to condemn the clause of parentage….it does not make sense to me…..I was also trying to bring out what was then advanced as reason behind this infamous clause. Please read my other posting below why I don’t support the clause…….
Bafikala ,Stop passing negative remarks over Dr Guy scott. He is the right person to lead PF. Parentage issue should not discriminate and prevent Guy Scott from acting as Republican President. We have got a very useless constitution and we need to change it urgently
@Ntongo..
…I don’t appreciate you insulting but you are right on the constitution…..We need a new constitution like yesterday……
Imagine, My cousin is a Doctor and the wife is a nurse and both have Zambian parents. In 2002 they migrated to work in the UK. While there they had two boys(born in UK). In 2009, they decided to come back to Zambia for good. As per current constitution, the children who will be born from those two boys(despite being born in Zambia) will not be eligible to stand as president….what a disaster of a constitution
Scrutinizer, you seem to be suffering form VERY VERY SHORT TERM MEMORY LOSS such that you lose us in you argument – i now don’t know where your nephews were born – is it Zed or UK????
Scrutnizer, sorry I was wrong, I now notice you meant the “Children of your nephews”, WON’T BE ELIGIBLE to stand, despite being born in Zed – yes , you are right – can you imagine that?
I am just debating because I am bored but it is also interesting to see these dandala heads fighting on who should act in the next 90 days. Is that there is little to do or what. Lets engage in productive debate. Who ever acts, does it put bread on your table. Don’t be like some of these idle politicians. Lets move on please
Records RB was born in Zimbabwe at Sinoa.Any argumenter?
NO ARGUMENTS!! We truly had a FOREIGNER AS PRESIDENT, & NEVER LIFTED OUR CROOKED FINGERS AT HIM because he was a chifita (Noir, i.e. Black!!) just like us!!
And you wonder why Lawyers get a lot of money…
Please go to school u are embarrassing yourselves. The law will never be as clear as it is now… Please try to study before embarrassing yourselves.
The AG Mr Mwenya has spoken i think every peace loving & who have to respect the late HEAD OF STATE HE Mr M.C SATA will understand his explanations on issure of acting President btwin Mr LUNGU & Dr SCORT.
So lets give respect to Dr Scort & all Zambians who are watching this remember we lost also our late beloved Head OF STATE the MMD gave power to former President by then he was V.P that time everything was okey WHY NOW @ 50 PF?
All those getting worked up about this should calm down. You will have a chance within 90 days to elect a president of your choice. As for me, I am considering changing my name from Chikwanda to something like Sikwanda because Mmembe and his cartel have waged war on us. Maybe we should stop being level headed and fight fire with fire.
Guy Scott qualifies to act as President. Here are the legal reason;
1) The President appoints a Vice-President from the members of the National Assembly. To be an MP, you only need to be a citizen, over 21 and of sound mind. This meant Scott qualified as an MP and as long as you are such, you may be appointed Vice-President
2) The qualification to be vice-president thus has nothing to do with the requirements when one wants to CONTEST as President. That is when the parental clause comes in.
3) The President may appoint anyone from cabinet to act, but the Constitution makes it clear that if he is no longer able to discharge his duties or dies, the vice-President will act as President till the elections. The parental clause does not apply.
4) Sata could have allowed Scott to act….
Hi Zambians, First Our condolence from Uganda. I think your constitution is clear on this matter.
Respect it.
Honesty I don’t see the fuse about this issue, except that some people don’t want a “white man” as their president.
The Man is Zambian just like any of you only may be issue of the parents.
Give your late President some Honor and Stop this Meaningless Debate.
90 Days are not far, then you can elect your President of choice.
God Bless Zambia
Continued….. 4) Sata could have allowed Scott to act each time he was away. Acting as President is not the same thing as being the substantive President which demands other requirements. That is why an acting President does not have the same powers. For example, he cannot revoke appointments that were made by the President.
5) If the parental clause applied to an Acting President, we would have to investigate the parental heritage of each person that is appointed as such, before they take over. A Vice-President’s minimal qualifications to be in the position, therefore, are the same as those of an MP.
Munsha answered his own question hence there was no need for him to raise it. Sata acted illegally every time he appointed a minister to act in his place in the presence of the VP. Please check the constitution. It is very categorical on this. In fact, the VP has no choice but to act whenever the president is out of the country. The only time a minister would act as president is when both the president and VP are out of the country. Acting by a minister in the presence in the country of the VP is unconstitutional. Lungu’s acting was unconstitutional, so was Chikwanda’s, Kabimba’s, etc. Anything they did while acting is illegal.
Ba Zambians bu fontini BUT SATA is the one who Appointed Lungu and Guy Scott !!
Raise him frm dead and come & re-appoint or Disappoint both of them!!
BUT THE CONSTITUTION is the meeting point !!!
and at ths Scott has an UPPER HAND.
There is no CONFUSION HERE !!!!
Its just a stereotyped behavour of wanting wht u want!!!
@Wanzelu I am GREATLY ASHAMED of your comments for the FIRST TIME.
How can exhibit such IGNORANCE or mayb its not you !!
It’s c clear that the current Constitution needs changing urgently. To extrapolate from AG’s arguments, a VP can be a 21 year old MP who can then act as President when a President dies!
YES YES YES YES!!
Bemba’s have brought confusion in Zambia. 50 years and you are still talking racism which KK fought and Kafupi introduced. Talk development and not parental clause. If Scott is who should lead Zambia to development, let him rule Zambia until 2016. Whites are still ruling and feeding us economically. So what is wrong of them ruling us politically. Ninebo wantanshi nisosa.
Michael Chilufya Sata, confusion even in death.
Someone please assure me that one cannot commit treason against a dead president?
Incredible! Mwenya and Malila never advised Sata he was violating the constitution ignoring his own VP to act. Where is the moral ground of ‘clarifying’ the constitution now and not when Sata was alive? Ati Attorney-General! All they are interested in is fame and money. The next government should make sure an Attorney General is free to discharge his responsibilities as by law and find brave women and men to appoint.
Or defamation Mr Todd, who will sue you? Or whose reputation will be injured?
At the time Levy passed away, it was understood that he never appointed a acting President and Mpombo was just claiming to have been handed over the instruments of power by the late Levyy. During the debate that raged, people questioned why the handed over of instruments of power to Mpombo was done in secrecy without other minister’s knowing about it; if my memory is correct, the only person that came to the defense of Mpombo was the then first lady who confirmed that the handover of instruments of power to Mpombo actually took place; as everyone knows Mpombo never become interim president when Mwanawasa passed while attending a AU, to my understanding there was no constitutional debate around VP assuming the position of Head of State, the debate was about who levy left to act.