Attorney General Musa Mwenye misled Cabinet over the appointment of Dr. Guy Scott as Acting President, usurping power from Edgar Lungu, who was left to Act by President Sata
?It is almost becoming generally accepted that Attorney General Musa Mwenye was right to advise Cabinet to allow Vice President Dr. Guy Scott to take over power from Defence and Justice Minister Edger Lungu, who was Acting President (or discharging the functions of the Office of the President) at the time President Michael Chilufya Sata died. However, in the interest of Constitutionalism and posterity, we wish put it on record that we do not agree with the Attorney General’s interpretation of the Constitution.
Before we go any further, let it be very clear that we are not motivated by any personal, racial or other issues. We respect Dr. Guy Scott and we think he can do well to lead this Country in the interim. However, we want the law to be followed. It is not what is convenient to us or anyone that should be used as the criteria to misinterpret the Constitution, especially on an issue of the Presidency.
For the sake of this article we will use the term “Acting” to mean “discharging the functions of an office on behalf of the substantive or legitimate office bearer”. We will also restrict ourselves to the appointment and revocation of a person to discharge the functions of the President, and not the qualifications to hold that office.
[pullquote]Where is it written in the Constitution that Cabinet can revoke the powers of the Acting President and choose another one to act? How did this shift of power happen in cabinet? Which members of cabinet were present in the meeting?[/pullquote]
When can someone Act as President?
There are three (3) possible scenarios where a person can Act as President, which are:
- When the President is out of the Country;
- When the President is incapable of performing his duties due to illness or mental infirmity;
- When the President is dead (which renders the office of the President vacant and elections follow within 90 days).
These are outlined under Article 38 and 39 of the Constitution
Who has power to appoint an acting President?
The common scenario of when someone Acts as President is when the incumbent President is out of the Country, or he is ill. It is clear here that the President appoints someone to Act as President for the time he is out of the Country. Ordinarily, the first consideration should be the Vice President, unless he is absent or incapable of performing the functions of the President. This is provided for in the Constitution in Article 39 (1) as quoted below:
39(1) “Whenever the President is absent from Zambia or considers it desirable so to do by reason of illness or for any other cause, he may by direction in writing, authorise the Vice-President, or where the Vice-President is absent from Zambia or is incapable of discharging the functions of the office of President, any other person, to discharge such functions of the office of President as he may specify, and the Vice-President or such other person may discharge those functions until his authority is revoked by the President.”
Another scenario is when the President is incapable of appointing another person to Act, either because he is too ill or has a mental problem. In this case, the Vice President should automatically Act as President. However, if the Vice President is absent, or ill, or incapable of Acting, another person can be chosen by Cabinet. This is provided for in Article 39(2) of the Constitution, as quoted below:
39(2) “If the President is incapable by reason of physical or mental infirmity of discharging the functions of his office and the infirmity is of such a nature that the President is unable to authorise another person under this Article to perform those functions-
(a) the Vice-President; or
(b) during any period when the Vice-President is absent from Zambia or is himself, by reason of physical or mental infirmity,unable to perform the functions of his office, such member of the
Cabinet as the Cabinet shall elect;shall perform the functions of the office of the President:Provided that any person performing the functions of the office of President under this clause shall not dissolve the National Assembly nor, except on the advice of the Cabinet, revoke any appointment made by the President. “
The third situation is similar to the former, except here, the President is dead and there is no possibility of him coming back, therefore, a Vacancy is created in the office of the President. Death usually comes unexpectedly, so there is no chance for the President to appoint another person, according to the conditions and process described in article 39(1), (note that it says in writing)
In this case, Article 38(2) automatically kicks in. It says:
(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 president until a person elected as President in accordance with Article 34 assumes office”.
Note that this paragraph begins with, “Whenever the office of the President becomes vacant”, meaning, at any point that the office becomes vacant due to death or resignation. But what is important is for us to apply our minds to what the crafters of the Constitution had in mind when drafting this provision, it is common sense that death comes in suddenly, so the President cannot have time to appoint a person. Therefore automatically Article 38(2) is implied.
Who can revoke the powers of the Acting President?
Again, here, we would like to look at each scenario extrapolated above.
- In the first scenario, where the President appoints someone for a period of time in his absence, or when he is ill, it is clear such a person will hand over power to the President. Article 39(1)”…..Vice-President or such other person may discharge those functions until his authority is revoked by the President”. Note that this article does not specify whether it has to be the appointing President or another President, however, such a person MUST be a President.
- In the second scenario, where the President did not appoint a person to act, the law is very clear, in Article 39(3) as quoted below, as to what should happen:
- 3) Any person performing the functions of the office of President by virtue of clause (2) shall cease to perform those functions if he is notified by the Speaker that the President is about to resume those functions or if another person is elected as, and assumes the office of, President.
Essentially, this article is also saying that, the powers of an acting President can only be revoked by an elected President and not any other person, even in the case where the President is not the one that appointed the Acting President. There is nowhere in the Constitution where a person can hand over power to anyone else, apart from the President.
Does Article 39 cover a Vacancy in the Office of the President?
Article 39(3) says: “Any person performing the functions of the office of President by virtue of clause (2) shall cease to perform those functions if he is notified by the Speaker that the President is about to resume those functions or if another person is elected as, and assumes the office of, President”. Note that this article considers the possibility of a new President, other than the one who left office and appointed someone else to act due to illness or metal infirmity. But how can a new President come in, if there is no vacancy and an election? Article 38(1) gives guidance:
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.”
It can, therefore, be concluded that Article 39(3) considers vacancy, which can occur due to various reasons including death. And if that happens, the Constitution says the person acting should hold on to power until the new President takes office. This article reconciles the augment of handing over power to a President in Article 39(1), which says that the powers of acting can only be revoked by a President, because if for any reason the appointing President does not come back (or die), you would go for elections.
What is our present scenario?
The current situation started unfolding on 20th October 2014, with President Michael Chilufya Sata going abroad for medical attention and he applied Article 39(2) by appointing Justice and Defence Minister Edger Lungu to act as President.
Reflection: Guy Scott is the Vice President, the principle assistant of the President, who was supposed to be considered first by Sata, but he picked Edger Lungu instead. Was Guy Scott absent? No! Was he ill? Not to our knowledge. Was the Vice President incapable of discharging Presidential duties? Judging by the repeated action of Sata not to appoint him as Acting President ever, this could be possible.
On 28th October 2014, President Sata died at King Edward VII Hospital in Beaumont, Central London. This meant that Edger Lungu had no President to revoke his appointment as provided for by the law in article ….. As earlier stated, an acting President’s powers can only be revoked by a President. Since President Sata relinquished the Presidency through death, a vacancy was created in the office of the President and Lungu had no option, but to wait until after a New President had taken office.
Reflection: Is Dr. Guy Scott a President for him to revoke the Acting President’s powers? Where is it written in the Constitution that Cabinet can revoke the powers of the Acting President and choose another one to act? How did this shift of power happen in cabinet? Which members of cabinet were present in the meeting? Was Edger Lungu threatened to hand over power? What should we make of Edger Lungu’s subsequent remarks to the media that he would have held on to power, but for the sake of peace and stability he gave it up?
Could the Attorney General be Compromised?
The Attorney General misrepresented himself by saying that there is no provision for an Acting President to continue acting after the demise of the substantive President. He quoted Article 38(2) of the Constitution, when the correct provision is Article 39.
[pullquote]Sata did not leave us as orphans. He gave us a caretaker President until we choose our New President. And this caretaker is most certainly not Dr. Guy Scott. The big question is who has given us Dr. Guy Scott as a caretaker? Are we living in the Cartel era?[/pullquote]
To back his wrong interpretation of the Constitution, the Attorney General cited a “precedence” which was never there. He said when President Levy Mwanawasa, left the country for an AU summit in Egypy in 2008, he left Defence Minister George Mpombo to act as President instead of Rupiah Banda. The Attorney General is quoted as saying: “The nation will recall that when the late President Levy Patrick Mwanawasa, SC died, Hon. George Mpombo was acting president. After the death of President Mwanawasa, President Rupiah Banda, who was then vice-president, had to assume office in accordance with Article 38 (2), despite Hon Mpombo having been Acting President at the time of the death of the president.”
However, this example is false as can be proved by an excerpt from the Parliamentary debate of Thursday, 16th June, 2011 which is available on the Parliament website.Click here
The story was also reported by Lusaka Times.“Mwanawasa never delegated Mpombo – State. Justice Minister George Kunda told Parliament that George Mpombo never acted as President at the time of the death of President Mwanawasa.
Conclusion
We are of a strong view that the Constitution was misinterpreted by the Attorney General and he mislead cabinet. Our present scenario is different from context of Article 38(2), in the sense that, the President died after he had already given power to someone to act.
The article that applies in the current scenario is Article 39, which starts with a President appointing someone to act 39(2), then the President dies and this requires the Acting President to continue until a new President is elected. This is according to Article 39(3), which says
39(3) “Any person performing the functions of the office of President by virtue of clause (2) shall cease to perform those functions if he is notified by the Speaker that the President is about to resume those functions or if another person is elected as, and assumes the office of,President.”
The Constitution does not allow the Acting President to hand over power to a Vice President, so Edgar Lungu should not have done what he did. He acted irresponsibly, if he was not threatened.
Reflection: Sata did not leave us as orphans. He gave us a caretaker President until we choose our New President. And this caretaker is most certainly not Dr. Guy Scott. The big question is who has given us Dr. Guy Scott as a caretaker? Are we living in the Cartel era?
?
CHILUFYA TAYALI
Executive Director
The Zambian Voice
Zambians wake up! this is a scheme by Fred Mmebe…The evil cartel should not be allowed to rule Zambia behind puppets. They are responsible for hiding the truth about Sata.
I agree. Why is Membe in a flurry to demonise Lungu and prop up Scott.
Scott is a member of the cartel together with Mwenye, Matibini, Judge Chali, DPP, George Chella, Chenda, Wilbar Simusa, Munkombwe (kusheta politics), Inonge Wina, Kabimba and of course Fred Membe is their leader.
Easterners and Zambians wake up!!! Stop Membe’s Scott NOW!!!
Why did the Attorney General who has access to parliament records and government records lie to the country that when President Mwanawasa died he had left George Mpombo as acting president.When will the lies stop? LIES LIES LIES. Zambians are tired of being lied to day in day out.
Lungu or not who cares?
What matters is what happens in 3 months time.
Lungu is not up to the task just the look of him makes you a little demoralized. His face only tells you all you need to know.
Nothing personal but the man is not presidential material,
Scott and Sata made PF what is it is now, I know you are thinking well the president left the instruments of power to blah blah
It doesn’t matter he is holding them until after Christmas what matters is what happens thereafter
Anyone sick and tied of this mis/interpretation of the constitution
My conclusion is that the Constitution is not clear and should not be followed, we must follow our instincts and let Guy Scott remain at the helm for this short of period.
Can someone say ‘Amen’
Why did MS have to…
Ooops
Thanks
It is true Mwenye lied, look at this:
Mr Chilembo: Gazette Notice No. 307 of 2008, the Statutory Functions Act, the Statutory Functions of the President (Delegation) Notice, 2008:
“It is notified for public information that in exercise of the powers vested in Article 39(1) of the Constitution of the Zambia, His Excellency the President did delegate the functions of President to Hon. Mr Rupiah Banda, MP, and Vice-President of the Republic of Zambia from 28th June to 2nd July, 2008.
@maraja or watever? why do you want to deceive and confuse people out of your own selfish intentions? is it because it makes you feel better about your docileness? The facts of Mpombo actingas president are there to see even online .. how difficult is that for your brain other than to accuse others of been liers when you are the big lier yourself?
Two wrongs don’t make a right. Let’s get to the bottom of this issue to see if an injustice has been done. We are still a young democracy and English is not really our mother tongue. We need to engage some lawyers and scholars to interpret the constitution to us so that we can move forward and correct any mistakes that have been made before it’s too late. I am beginning to think we are at a major cross-road in our young democracy and the entire world is watching. The explanation given by the author of this article is very plausible but then again another scholar might come up with a different take on this. It’s no good sweeping the dirt under the carpet as suggested by Mushota but to get to the core of the matter. Procrastinating is a recipe for upheaval in the future. Truth be known.
@ Haleisa Halelanda, this is exactly my point. English language like make languages are art. The science behind the correct use of the language can be very complex and open a whole can of ugly worms if not applied correctly. Like in this case, HH here said docileness. This word doesn’t exit at all. What he means is docility!
Ka Chilufya Tayali is looking for donor money.
Whatever they decided the “old” constitution is WRONG. That’s we are changing it.
Easterners you have had Kaunda and Banda ! Northerners have Chiluba and Sata! IT’S TIME FOR ZAMBIA TO HAVE A DIFFERENT TRIBE AT THE HELM! OTHERWISE THE COUNTRY WILL HAVE PROBLEMS.
….^ like many other languages – meant to say in 1.8 above. Predictive spelling is a bummer!
@one hit watever? In this day and age of socila media , people have become professors , lectures, cousellors e.t.c via blogging, and you my friend is trying to convice the masses here tha the word does not exist on the presumptive basis that you, with the assitance of google has done your ‘research’ w… well it does check >>>wordsense dot eu slash docileness
Challenge him in the court of law and see if you can your case. LAZ and many other law experts has said the AJ acted within Law so who are you to say otherwise. Dull Bembas!
The author is completely lost. He is citing article 39 instead of article 38. This article is inflammatory and untrue. He misinterprets the constitution and has shown no knowledge of the principles of jurisprudence. He should be arrested fr causing un- researched alarm and for violating our eyes, keyboards, monitors thus causing unnecessary finger pointing. He is a curse to human kind and shall be condemned to the hall of ignoramuses.
I am not going to claim that I am vindicated as this is simply another opinion to add a voice. The Courts need to deliberate on this but I will say that I have sung this chorus since I glanced at article 39. The empty tins as usual went on to say “Lets forget it, Guy Scott is now ruling…”Besides it’s only for 90 days”
No, is my answer. If it is against the Laws of the land, we should stand up to correct any injustices and if it is against procedure we should equally stand up and allow due process to flow. No wonder we are treated as embiciles by those we elect to serve us!
Tayali has made so many assumptions, starting from the one where he indicates Sata appointed Lungu to act – Wrong! Sata was evacuated as an emergency, UNCONSCIOUS,
Lungu was appointed by cabinet DESPITE there being a Vice President WHO WAS NEVER INFIRM PHYSICALLY OR MENTALLY! Actions of Sata in getting people to Act rather than his Vice, NEVER SET A PRECEDENT IN LAW, NOR DID IT IMPACT DIRECTLY ON INTERPRETATION OF THE CONSTITUTION, which was eventually corrected WHEN the Vice President assumed the role of Acting as ADVISED BY THE ATTORNEY GENERAL!!
The LEGISLATURE & THE JUDICIARY have really failed this country in interpretation of the Constitution starting from RB, who should NEVER HAVE BEEN PRESIDENT, He was born in SINOIA Southern Rhodesia, parents from either there or…
Imwe naimwe, whichever way you were going to look at this issue, what about article 38(2) which you have glossed over?
It looks like every Jim and Jack has become a lawyer now.
THE KEY THING IS THAT OUR CURRENT CONSTITUTION IS FAULTY!
For now let us move ahead and discuss the vision bearer in PF compared to those in Opposition. Who, in PF, can carry the mantle?
@1.13 J J – Just because Tayali is Bemba does not mean he can’t express his opinion. Don’t exhibit your dullness kapuli kobe.
Tayali has completely missed the point for the constitutionality of Guy Scott’s assumption as Acting President. And AG Mwenye did not mislead us and here is why. Article 38 is explicit in detailing who assumes office as “Acting President” in the event of death or infirmity of a sitting President.
That person is no other than the Vice President or anyone Cabinet may choose in case the VP is not able to!!! Guy Scott is the current Vice President. The current constitution has no provisions for any other Acting President under Article 38 other than the VP in case of the President’s death or infirmity to lead the country in the 90 days to an election of a substantive President as allowed under Article 34.
In the same token, the same Guy Scott can’t stand for President under same Law.
Screw this Tayali guy. Inexperienced imbiciles trying to interpret the constitution in a language they are not well-versed in. Manufacturers of confusion. Go back to school Chilufya!
Continued…
Tayali’s and other proponents of Article 39 are flying blind because they assume that it functions arbitrary. This shallow approach is detrimental in that the constitution can never be interpreted while confounding its substance nor dividing of the same to suit your intended outcome, it’s a double-edged sword.
For instance, while the current Acting President can act during the transitional period he, Mulenga Sata and Given Lubinda can’t file papers for the presidency due to the parentage clause under the current constitution.
Finally, how come Tayali and his cohorts are now not pushing for ratifying and or the referendum of the draft constitution before the by-elections? Their self-interest is counter to patriotism while cherry picking Articles favorable to them.
Namwishiba bane. Tuletontonkanya. Ba shifwe baali balwele ilyo bafuminepo mukuyabacencenta kwishilya. He did not have energy to appoint anyone. Lets alow mwisa just for 12 weeks. bushe patali. Nganakwata amapange tukamufunyepo. where is the problem? Dont kubeba is still alive. Dont tell him, whatever plans he and his cartel mwaiba mwebena, will not succeed. We are tired with their lies.
Musa Mwenye should be locked up for misleading the Cabinet and Zambians in general.
Musa Mwenye didn’t do anything wrong. The relevant article is 38 not 39. The author of this article is confusing you.
Tayali don’t try and confuse Citizen.anything that has been said on television by a siting president especially during press conference becames Official.It is on Record that Mr George Mpombo acted as President,when mwanawasa left the country.It was however after \mwanawasa died that Mr banda become acting president.The decision was arrived at by full Cabinet meeting and munites are there to that effect.Even the date when the instrument of power were handed to mr banda was after Mwanawasa’s death.so please don’t lie for sake of Money.The correct thing however is the vice president is the one that acts period not a junior person appointed by a president when there is an existing vice president that in its self is anomaly done by sata.
How can the author start by interpreting article 39 and then come back to 38? what kind of constitution reading is that?
If the President chose to leave Edgar Lungu aas acting president for whatever reason, we are not privy to that! So when the president dies, the only guide we have is the constitution. His actions prior to that are not the law. We have to get back to the constitution and start reading from article 1 to the last one.
Our first encounter dealing with the scenario we have is article 38(2) before we can come to 39…
DO WE GLOSS OVER 38? Whichever way one looks at the issue, OUR CONSTITUTION IS FAULTY! Why can’t we advocate Edgar Lungu to take over after the 90 days by allowing him to stand on PF ticket?
Well, precedence indeed can also guide when things are…
…messy!
After all, Guy Scott is a neutral person when it comes to you tribalists. Secondly, he is not a contender after 90 days.
What you are looking for is to have the guy from your camp have an unfair advantage by having the presidential powers, so that come January, you will get voted in. Cool down and let us move on…
@Chigologo
Tiyali has written a plausible account of how he has understood the constitutional provisions and how they are applied to our current situation. He ends with a conclusion that the Solicitor General erred in Law. Why dont you write an article and articulate why you believe that Article 39 is not applicable so that we digest your reasoning. Simply saying the SG wasnt wrong and that the author is misleading, seems a little empty.
I knew, you cant trust MWENYE!!!!!!!!!!!!!!!!!!!
what kind of a zambian has a name of an indian..”mwenye” you cant trust this *****
i want to know the man’s qualification before i comment.
So your comments would be influenced by what he is and not what he has written?
BS!
Misled or not, I personally think he did the right thing to propose Guy Scott. Who wants a family dynasty in this age anyway? Who is your preferred candidate if not scott?, Chikwanda, Mulenga Sata, Kambwili, Lungu etc…what a joke.
Well said I think acting president Scott should run because he is tribe neutral and should undo all the tribal political appointments done by the former . The constitution should also be amended BUT MICHEAL SATA SHOULD NEVER BE PRESIDENT OF ZAMBIA ! THIS IS NOT A KINGDOM AND THERE ARE MANY OTHER ZAMBIANS THAT CAN DO THE JOB!
Blaah,blaah.. baba just keep your mouth shut if you have nothing to say.There are more seriuos issues which need attention.Twalamimwenamo
That’s the problem with constitutions that aren’t written in the mother tongue. What the crafter wanted to say may be missed in the foreign tongue
Its too late, Scott now has the instruments. lets just pressure him to do the right thing, he need to organise a fair presidential bye election and should never think he will stand as a candidate.
Please leave Scott alone it’s just 90 days let us put our beloved president to rest peacefully and maintain the peace we have enjoy….I don’t understand politicians all u care about is yourselves and not Zambian people that’s why u are fighting for presidency like mulenga sata shame!!!
Kay and Mjoe.
You err.
It is not about Guy Scott. It is about the Constitution and it application. So would you allow a person who has is now President to stay there because it is for a short time despite the illegality? No!!
This Guy Scott is Membe’s pawn. And you will be treated to a vicious campaign from Membe quoting many hired authorities to justify the Acting President Scott illegality.
I am no politician but a citizen who wants the right thing to be done. I am not even PF. And to seal it, I am not from Eastern Province and in case you still thing that I am Bemba or Tonga, you be wrong!!
Ba Salamat learn to reason with your brains and not emotions. Kay and Mjoes are very right and leave them alone.
Salamat, WHAT MATTERS MOST IS THE CONSTITUTION, it doesn’t matter who is whos’ pawn!
@Salamat, you are chinese! Comeback after we have cleaned up the dog mess. We are grieving for our country. A new generation far detached from the old so called freedom fighters is about to be unveiled. To all the tired politicians please sit back and watch as the old half century comes to an end and we usher in a new halve century of educated and knowledgeable Zambians who will get to the helm of the B52 to take us to new heights. The old boat has run aground and we are shipwrecked.
kikikikikikikikikikikiiiiiiiiiiiiiiiii nawishiba wansekesha. Mulenga sata wena chipuba. kuti waambila ulubilo pakati ati walawina mumaka yabawiso. just start from the start. join political parties and go through the normal channels before you are considered. ba muleeeeee tamunfwa bakaamba
It seems we have enough constitutional experts to last two lifetimes. What we lack however, are people who understand the times and know what ought to be done. If ever a nations lack of fathers was exposed this is one.
Guy Scott will clearly be allowed to complete 90 days and no further. He has no power nor right to finish the job. The attorney general must stand for the constitutional mess, even be put on trial. I hope there will be prosecutions.
Tired of this Bullsh*t from political nonentities! If it hurts so bad GO TO COURT!!! Shaa!!!
Sadly,the same evil cartel leads the court.
The issue is very simple:
The learned Gentleman misled his bosses; what do we about it?
In my view, this particular succession problem is intended to move the power center: from where to where; you should work it out by yourself.
GOVERNMENT has dispelled assertions that President Mwanawasa delegated the instruments of power to former Minister of Defence George Mpombo on his last trip to Egypt.
Vice-President George Kunda told Parliament yesterday that according to the Government Gazette notice number 307 of 2008, President Mwanawasa delegated the functions of the presidency to then vice-president Rupiah Banda from June 28 to July 2, 2008.
Mr Kunda was responding to Kabwata member of Parliament Given Lubinda (PF), who wanted to know whether Dr Mwanawasa legally delegated the functions of the head of State before he left for Egypt on his last trip in 2008, under which Gazette notice the functions were delegated and to whom.
Mr Lubinda posed the query during the session on questions for oral answer. Mr Kunda…
Mr Tayali Sir, dont give fake opinions on issues you less understand. That section you are relying upon (39,3) implies also in the case where VEEP is the one acting like in this case where the substantive office holder has died the VEEP automatically takes over-Scot will hand over power to the elected president after 90 days if he is not the one elected.
I would hide my comment if I were you.
Watching from the terraces, who will PF field as a presidential candidate?? This is more important than the once called “Muzungu opusa” by Mr Hiii
Stop stupid comments. Tell me if they all cabinet is not educated to be lied to. Don’t they know the constitution. You want Lungu to be President Yeah??? What development has he done in Chawama? Tell me even Sata you are busy Praising he created these problems why did he appoint Guy Scott. So stop lying yourselves and if you have nothing to say just shut up… Fools.
First, MPs are not supposed to anything in their constituents but to speak on behalf of the people therein.
Second, it is easy to insult than to contribute intelligently to a debate.
Third, if you don’t understand something, don’t think others don’t either.
Five, Law is not an exclusive vocation of those little gremlins calling themselves. learned this or that in a geographical area called Zambia. Most of these people are lazy. The majority of them are. They don’t research! You would grow old and die to find a judge where they would even clerk for in industrialized countries. Very dull chaps!
They disgust me.
The Voice, just shut up, stop crying over spilt milk, look at Lungu, who would vote for him, if. Allowed to act, how whiskies, brandy, will he drink in the morning? Scott, for president, again I repeat, very clean, change the constitutions, inact it after burial. We need Zambia to go forward, investors, will come and Western countries, will trust us again, more presidents will come and visit. Help will flow in the country.
SCOTT FOR PRESIDENT PERIOD.
Which “period”?? Who are u? Nani wakupele insambu shamusango oyo, niwe ani iwe?
“Ex-ZIT” ichisungu cha kupita ati? “Period” has a number of definitions, one of them, means “Full stop” the little dot you put at the end of a sentence, waumfwa ati?
I think you dont really realise what impact Scott being the president can have on the Zambian economic development. more investors might come but who really benefits from them…i hope you know it is possible for the economy to grow without it being developed. it is not about the increase in infrastructure anymore, its now about reducing the poverty and illeteracy levels and increasing the life expectancy to those in remote rural areas. my opinion is that Western investors will make the rich richer and the poor poorer. they will come to invest simply because they know how much money they can make doing so. just look at how much money is leaving the country everyday through the mine products. now imagine that money was being used withing the country… it would be k1=$1
Dullness pervades the country, what law did Tayali study if I may ask. Who is he to question the Attorney General and the Law Association of Zambia. Stop making noise online and in the papers and just go to court for interpretation instead of trying to mislead simple minds. Pointless discussions of a straight forward issue. Problem some people commenting don’t bother to read and study for themselves and rely on the likes of Tayali and Miyanda with their distorted analysis. Let’s stop talking about the late president, who knows why he did the things he did. We have the constitution lets stick to that and don’t rely on lay men like Tayali and Miyanda who claim to be experts.
Dullness pervades citizens like Stanley.Is the Attorney General a god that he is incapable of making mistakes? Is he infalliable? Wake up we all have brains and its up to each person to decide to use their brains or not. I wonder if this man was appointed on merit or it was a favor. Wisdom begins in wonder- socrates
Maharaji
You have hit the nail on its head. Sata tells you that I shall develop Zambia in 90 days and you run around with a conviction that we shall all be rich in 90 days. Socrates on the other hand “wonders” how possible that is?
@Stanley
From what I have read, the AG and LAZ were focussed on Scott’s ELIGIBILITY to Act as PRESIDENT and not the key issue here of receiving the instruments of power to Act as President, from another ACTING President. It does not take a legal mind to see that Article 39 is clear about who should receive that.
The AG simply said that George Mpombo was also Acting at the time of Mwanawasa’s death. Now that is the AG trying to justify his failure to apply article 39(3).
Given these facts, let Scot do the Honorable thing and hardback power to avoid unnecessary conflicts/ . I know he says his “BLOOD IS BLACK”when drunk with power – which is bullshit otherwise he would be married to BLACK WOMAN. Reminds me of one Bob ‘ashtle’ in Uganda under IDI AMIN he was also Scottish. Scot may mean well but the law appears to have been flouted.
EDGAR is right to be annoyed”- but his supreme consideration for peace should be lauded – now we have time to sort this mess! and Jail all the culprits for COUP D ETA- which has no place in Zambian politics.
One doesn’t need to be that smart to ‘see’ AG Mwenye’s actions have Mmembe and Mutembo Nchito written all over them. No one saw this one coming as Mmembe is much cleverer than all of us combined. After Kabimba was kicked out he was busy scheming how he would he acquire the instruments of power knowing well that the man was almost a dead man walking.
All this yapping counts for nothing. It is done and Mmembe has done it again. We are better off focusing on trying to guess what his next move is: does he bring back Kabimba? Push Scott down our throats or choose a ducky like Lungu whom he will control like he did Sata?
Anyone wonder why they never challenged Sata for not choosing Scott as ‘Acting President’? Forget everything else, Scott simply doesn’t meet the parentage…
Scott doesn’t meet the parentage test/requirement. You don’t look at the Constitution in isolation, rather it is a complete ‘book’. And we should stop calling it ‘Acting President’. ‘Interim President’ is more suitable in this case because as things are, Scott will be recorded in the history books as the ‘6th President of Zambia’ however short he will be on the helm. If he can’t stand as a candidate it simply means he can’t hold the office either in any capacity (whether in the interim or full term).
The argument of ‘it’s just 90 days; peace; etc.’ isn’t good enough… we must always strive to defend the Constitution no matter how defective it is or how inconvenient it is to do so. Always!
The voice,
I’m in favour of your argument but in the interest of peace; 90 days is not a long period. In fact Scott is not even discharging presidential duties fully, he is limited in some ways by the constitution.
What a cope out!
Levels of ignorance in Zambia are amazing! Tayali please stop wasting our time; you dont even understand law. Your argument is so childish!
Just add yours to it…simply saying it is childish is infantile.
Panga wielding PF are good at nothing else. It has been ignorance and ignorance and more ignorance and nothing else!
This is the problem of PFs own creation.People were saying the president is well and working.If Sata had no faith in Scott,why did he not drop him from the position of vice President and Sata was part of the government which amendment the constitution so as to prevent Kaunda from standing as a President.
PF its tool late for you to go in circles as other parties already have their candidates in place.
May be Sata never wanted PF to continue after his death?
Mumembe is the nightmare for the orderly Zambian. How did the constitution fail to protect itself? All to do with compromised integrity in most of the people we have entrusted office. We hope the next govt will reduce forest family appointments.
Watch dogg told the nation about the cartel but nation didnt want to believe , remember k for $?
It is no secret that Mmembe will stop at nothing to retain power that was already eroding him with Kabimba’s dismissal. He has already beaten Zambians with Scott’s grabbing of power from Lungu. While everyone is busy debating the eligibility of Scott, he is busy scheming his next move… watch this space.
I urge Zambians to be vigilant and clever to pay attention to this Mmembe cartel as it will stop at nothing. It appears our security chiefs are under his pocket and spell. Pay attention and read between the lines the coded messages in his news stories and editorials to try and predict his next move
Chilufya Tayali has recooked and re-baked the constitution. However, his recipe is suspect.
The bridge he has constructed here between Articles 38 and 39 is an imaginary one, a fictitious creation of his own ingenious mind. It does not exist.
He is a liar. Yes, this article is fictitious and the mix he has described only exists in his head. I agree with you, Matungu. He is misleading people. Only those who can not google the constitution and read article 38 and 39 will believe him. Anyway, and those are the majority even debating this rotten article here.
For now, we must abide by constitutionalism. There is little time for recourse in terms of who should be the Acting President. Scott must continue until the Presidential-bye election.
The AG must be held to account under the law; preparations must speed ahead for the Presidential by-election.
You will continue misleading each other on simple things. President Sata left Edgar Lungu to act by virture of his absence to attend a medical check up. President Sata had a view to taking back his mandate upon returning. In the midst of all this, the President died. Once he died, the constitution automatically kicked in for the Vice President to act. President Sata has no powers to appoint somebody to act in his death, let me just put it plainly so that the author does not continue to mislead the public. President Sata also does not have the mandate to appoint somebody to act in the 3 months, However, the constitution is the one that has those powers. Instruments of power are just instruments that need to given to the Vice President from the acting President in this case.
This is powerful. Thanks.
Absolutely spot on! It can not be any other way.I just hope enough of our people are enlightened enough to see this situation in proper perspective so as to avoid unnecessary chaos.
Thanks Nalumino. You have spoken the truth. This Tayali man is acting in the name of free speech and human rights. What he has written is totally false. Article 38 and 39 are totally different. Article 39 applies when the President is still alive and for some reason goes away as he did for treatment etc, he appointed Lungu to act. But after dying, article 38 kicked in automatically and made the VEEP the acting President until elections are held. Simple English, misunderstood, misinterpreted and concocted n Tayali’s head. No wonder English is the entry requirement to the Law School.
@Nalumino
PLEASE! The issue is not just instruments of power, but that of illegibility on the part of Guy Scott to act as President. Ok. Scott does not qualify on the Parent Clause, neither does Mulenga Sata.
We are now officially a country without a credible constitution because of Presidents Sata’s careless appointment of Guy Scott as ‘Ceremonial’ Vice President. Problem is the situation has gone on to this nightmare where the ceremony has become reality.
Scott just should not, cannot be President on the Parentage clause.
PF are just proving they do not rule the country according to the constitution. They effectively have treated our constitution as none existent! Yes, by ignoring it and imposing their decision against the constitutional rules.
@Patriot Abroad: Your own interpretation of the law here barely passes the smell test versus that of those who are better qualified and better placed than you, who think otherwise.
Like the AG, most of the contributors are lazy, too lazy to research and arrive at a conclusion backed by research. Read and think bane. Ubunang’ani tabulisha kasuma!
People of Zambia, we are a Christian nation. God loves us and loves this nation. Under hand methods can not succeed if at all they are there. God is capable of destroying such if they happened to be there, they cannot go far. We are so much into crying than praying over these matters and bind the devil. We like to cry after things have gone sour and quiet when things favour ourselves. What will that bring? We don’t want unnecessary noise. We had all the time to question these gaps way back . Lets go with the wrong for that appears is our way of life. Don’t we have lawyers in cabinet, in the private sector, where are they? May be all are quiet. We chose not to find out why the president acted like that when we had time. Lets wait for a vote, God is going to correct the way . Lets mourn…
Zambians are good at arguing even on matters that they do not understand if you are saying Musa Mwenye lied, then who lied when Mwanawasa died?
Watchman and Evans, your contributions show that Zambia still have wise men among us.
In Zambia nothing is clear.People may do whatever they feel like doing.My friend’s car was impounded by RTSA and they don’t want to give it back to him despite court order . What a useless constitution where people think they are law and law makers.I don’t know where we going as a country.Indeed it’s true that Scott is not suppose to act according to the constitution.Unclear constitution!!!!Only thieves come up with such unclear document.Zambia is full of thieves.I’m very disappointed with injustices in this country.
The respected Prof Muna Ndulo has expounded on this issue and made plain for even those with half logical minds to comprehend that Guy Scott qualifies to lead Zambia for 90 days. Now that the architect of confusion is no more, we are suddenly bombarded with ‘experts’ springing up all over the place to give their twisted and warped understanding of the constitution. Amazingly they kept their traps tightly shut when Sata appointed Scott as vice and governed the nation for three years. Second only to the PF as the greatest threat to the well being of Zambia is the hypocrisy of some public officials.
Thankfully, the country cannot be held hostage by ignorant characters like Chilufya Tayali.
If u r jumping to this issue of who is who. Tell us, ‘ what did the justices rule over who is Zambian and can stand as president of zambia?’ pls b honest with the answer. Lewanika and others v Frederick Chiluba. Read the ruling and pls be honest.
Edgar Lungu was asked to act due to his boss going for medication, the instruments of power were not for 90 days. 90days is a complete separate issues. As useless as Fred Mmembe is, don’t look at him when evaluating this issue. Constitution is not ambiguous on this issue, it is as clear as can be. Once the President dies, it is only the Vice President who can act, there is no acting President anywhere especially that the said acting President was appointed for the specific period when the president was in hospital and not in death.
I concur. As an Acting President, Lungu’s position was that of a care taker. He was acting on behalf of the authority that appointment him, namely president Sata. When president Sata died, Lungu’s appointing authority expired. His continuance in that capacity would have to be ratified by another authority to be valid. In this case, his appointment as acting president was not ratified. Consequently, it ceased to be.
We can correct it. We need to follow the constitution, lets adhere to what the constitution says. Guy Scott should hand back the instruments of power period.
I agree with the author
Step 1. Mwenya has committed a treasonable offence
Step 2. All cabinet members who attended should be arrested
Step 3. We need to follow the constituion.
Bravo Zambians, we can not longer be cheated, or else lets go the Bukina Faso and Syria formula.
You sound like a Harvard Law School graduate or a constitutional guru of some sort! Hope you are not just acting out of emotion.
Matungu, he is just a disgruntled rubble rouser who has no idea about the constitution. He probably does not even know how to read. I wonder is he Zambian or as the name suggests, he is Chinese grappling with the English language. Hey, General, we are here. Can you see us? Hello!!! You missed the bus. Its gone!!! Even the boat went, hello. You missed your flight too. I also think he will arrest the whole country. The whole country is under arrest. He has gone to look for hand cuffs.
Zambians stop listening to these fools like CHILUFYA TAYALI. They are bent on causing Anarchy. They have no integrity, even a single thing the are going to spin it. You are just going to end up killing yourselves. These guys can not even read the constitution and understand it. Where did he practice law.
Chilufya Tayali is only yapping his ignorance!
How qualified and competent is Chilufya Tayali to interpret this aspect of the law?
Iwe tayali naiwe ifyabupubafye fyekafyeka,is it hatred,racism or u jus foolish?the constitution is clear,once the president dies,the vice takes over,it doesnt matter who ws left actin or for whateva reasons.u jus want to cause confusion and anarchy in the country
Iwe tayali ichindike,dont confuse us wit ur nonsense,u think we dont kno hw to read? We hav read and understood wat it says.if u r hurt by that jus kill urself
Let us just mourn our ‘great’ leader.All these issues will be dealt with later.The pipo you are calling the cartel are also zambians and need to participate in the affairs of the country.This confusion shows the type of a leader we are mourning today.
We Africans really like complexity to the extent that their own corruption is aided only by simple-mindedness. I hope that in the next constitution you do not have useless by-elections in the event of a sitting incumbent’s death. Let the VP just complete the term of whatever is remaining. Additionally, that parentage clause that has hitherto been declared redundant by a Supreme Court edict (arrived at after lengthy and due court process) must be dropped. It serves nothing but to introduce conspiracies such as what this useless article is trying to perpetuate. What a mess!!!
Chilufya Tayali stinks. Since when did he become a lawyer? Guy Scott is the boss of P.F. and the country. I know its a bitter pill for some proud arrogant Bembas to swallow, but they have no choice. They will have to respect him, otherwise he will refuse to support the next Presidential candidate they will pick and he wont release the funds for campaigns. Edgar Lungu cant even be a President of pigs. Wynter even brought discipline and sanity to P.F. which Lungu the heavy drunkard has failed. Edgar Lungu used to chew money for his clients as a lawyer. If you really want to see Zambia go to 51 years of waste, vote for Lungu. Am happy that Cabinet and Mwenye decided and interpreted the constitution well. If Edgar Lungu insists, let Guy Scott sack him from the party since he is now the preside
Consider this as you analyse the constitution: is it the incumbent president who died or the acting president?
Mushota one is tempted to concur with you albeit your crude manner of putting across your view. GOD BLESS ZAMBIA.
‘Bashi Nono‘ was right after all when he told ‘Bana Nono‘ in the bedroom that there will be some Constitutional crisis if Sata died with Scott as his Veep. He was widely condemned but he saw this coming. He is probably now thinking ‘I told ya’ll so’, LOL.
Interesting to note that at one time in 2008, Zambia was a country without a President, incumbent or acting. That is according to Tayali, quoting parliament debate of 2011. How can this happen?
In my humble opinion, the Zambian constitution is full of loopholes and shortcomings that will always be cause of debate. The problem is that the LAZ does not use their standing and office to read and educate the masses on the interpretation of the constitution. This does not have to happen only when there is a crisis in the country.
Armchair self taught lawyers should be scorned at and kicked aside. They are like ambulance chasers looking for profit in a crisis situation. Tayali, the like of Miyanda etc. should be left to blog until they turn pink in the face, they don’t have anything…
How do you comment without a wide research on the topical issue. If i were to put numbers into this, 80% of the bloggers don’t have a clue as to the issues they are talking about. First and foremost the learned AG acted within the confines of the law to advise the cabinet on the matter at hard. Before you even go into great lengths to study this matter by Tayali. Ask yourself this question, is this person qualified to advise on constitutional matters. The chap has being wanting to jump onto the DBZ cases for ages but he always hits the ceiling. Tayali if you are aggrieved with this issue you at least 75 days to sue the government since you love being in court. Twisting the provisions of the constitution will not get you anyway. Be pragmatic and patriotic as you research this issues.
You are a saint par excellence.
with all due respect ba Tayali please spare us this drama. you are just exposing how ‘illegal’ your mind is. you are failing to read between law and emotions. sata is not law but law is law. i have read alot about why sata didnt leave guy scott to act. that is immaterial to the discourse of this nation. the fact is that VP acts when the president dies. there is no ambiguity here. people who want to confuse us are all judging this matter based on where mmembe is. the fact is that unfortunately in this case he stands correct (i hate to admit it). why is it that all the lawyers in know of repute have agreed with this move? please whilst you are at it, know that actually Guy Scott qualifies to be president (LT 12 January 2012 – LAZ position; Lewanika vs Chiluba 1998)
for the first time i have agreed on something with Mushota. ok may be partially.
Thanks
Arrest Musa Mwenya. He is serving the Cartel interest. PF cabinet ministers who are supporting Scott are part of this Cartel. Wilbur is one them.
Come on people – be objective! (1) Edgar is not fit to be president of Zambia. (2) Scott is only standing in for 90 days as provided for in the constitution. No one had said he is the President.
Chilufya Tayali do not misslead us. Edger Lungu’s statement and yo press statement you are the ones causing the confusions in the party.
Iwe ka BODMAN, it’s not about tribe, you need to critically look at real issues. Whatever the tribe somebody is coming from doesn’t matter. What matters is the integrity and what can be offered, let’s learn not to bring in tribalism in politics because it is dangerous my friend, history has it!
Tayali who is buttering your bread or ifyumbu? as for Gen Miyanda, i must say neighbour i am very disappointed with your position. i hold you in very high esteem but now i am beginning to question my judgement all along. i used to proudly state that you are ‘a president who never became’ but now i am doubting whether that eulogy fits you Sir
It’s freaking 90 days you morans..we have already put in place an acting president, move on. Stop trying to create confusion. Stop this talk already and let’s prepare for the by-election. If it ain’t broke don’t try to fix it. Politians and Cadres are not the smartest people around, they will mess up you damn country if you let them have there way.. They almost did, don’t let them make it worse
Where is Rupiya Banda?
How did Rupiya become acting president for 90 days when Levy died? Levy left the powers of instrument with George Mpombo? Why was it not an issue?
Can Rupiya assist on this matter in the interest of the nation. Why are former presidents not patriotic. Whether he has issues with PF he can still assist on this issue on how powers of instrument where moved from George Mpombo to him. That is where we should start not this Tayali trash.
Even Edgar Lungu as a lawyer knows this but he is pretending that he handed over power in the interest of peace. What peace? How can we trust people like Edgar who are not sincere?
It’s interesting to note from your comment that there is a precedence already. Mpombo acted but RB was the VP. Why didn’t Mpombo raise the issue and seize power from RB? Was it because Mpombo was bearded or not?
Beloved Zambians, freely receive this advice: whoever Fred M’membe is against, that one hold dear and prepare to defend to the best of your ability. Whoever M’mebe supports and tries to prop up, that one distance yourself away from as you would do from a leper
Tayali just wants attention. The contitution is very clear.
We thanks you man you look like a readble man than Attorney money??????? thanks we shall follow more on money movements of people
President Sata by passed Guy Scott from the Acting position because he considered him incapable of performing the functions of President.
Capacity is the only reason why he chose Edgar Lungu.
Why then should we be subjected to somebody to act as President when the person who chose him, considered him incompetent.
We know this fact because Article 39 gives reasons why the President can by pass the Vice President.
Do you surmise the president continued to rule after he had died?
Oh! And Sata was capable of performing his duties? You f## hypocrites..
Chilufya Tayali Iam with you and you are right. This is a matter of the rule of law and constitutionalism. AG was wrong and prof Ndulo was talking about a different frame of reference. Dr Guy Scott is a true Zambian and I wish we hadnt changed the constitution in 1996. However as things stand a wrong person is carrying out the functions of president and has no support from the supreme law of the land. Things should be put right and this time Dr Scott should willingly acknowledge he was misled by the AG and handover power to Edgar Lungu. Zambia is now a relatively mature democracy no one will laugh at anybody.
This gibberish of a topic is going to nowhere.
The opposition is simply scared stiff to face either Mulenga Sata or GS because between them none is carrying a garbage bag which the opposition would want to use during campaigns as compared to Lungu with his Brown bottles.
Why should GS presidential candidature be an issue now when RB took over from Levy in similar circumstances?
RB took over from Mpombo who also acting President.
RB and parents were born in Malawi.
Mei Matungu should know that delegated authority transcends time.
Sata transferred power by written authority on account of the authority vested in him by the constitution which has continued to exist.
We elected Sata to make decisions on our behalf and in his wisdom he decided that Dr. Guy Scott was not suitable material to act as President.
Whether dead or alive that counsel remains and binds us through the constitution.
Any of us may interpret the law any way we want. But it is the courts that are the legitimate authority for such a task.
When you read all this, one is bound to conclude that Burkina Faso youths did the right thing. You cannot be taking people for granted like is happening. I would not blame any who took to the streets due to this f00lishness going on now.It is a known fact Mpombo was never acting at the time of Mwanawasa’s death. As a matter of fact Mpombo is still living why not even interview him? I too, smell a rat.
(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 president until a person elected as President in accordance with Article 34 assumes office”. Ladies and gentlemen,assist me to read this aricle in between the lines so that we can address this debate
POWER is not Given its Grabbed!!THOSE who think it was coincidence have a lot toLearn -Tsu & Shaka.
What a rubbish article. The problem is you want to eat with both hands, God is Great.
I really don’t care who among the fools is acting as long as it is just for the purpose of transition
….’tricksters’ lawyers at it again…..I have been observing from a grandstand its time I contributed………..for me there are two scenarios to be considered here…..
#1…the president goes out of the country and dies while there…..
#2….the president suddenly collapses and dies within the country…..
In scenario 1, someone was left with the instrument of power to act as head of state….
In scenario 2, no one was acting…….
I think article 39 suits more in scenario 2…….very straight forward…..for scenario 1, I’m going back to the terraces to watch our learned colleagues argue it out…..
There are disconcerting realities we must live with after the event has taken place:
President Sata never delegated the Acting Presidency to Scott as much as he was his Vice-President: Why?
The GRZ Attorney General misinformed the Cabinet in order to get Scott grab instruments of power from Acting President Lungu: What can we do now that we know the AG lied to the Cabinet?
Sounds like all those who are against Guy Scots appointment are the guys in Diplomatic service waiting to be recalled after change of leadership.
Tayali must be arrested for champtioning his personal interest.Chilufya Tayali and his handlers from watchdog i left unchecked can brng chao in this beatiful nation.In fact,Tayali and watchdog wanted Sata dead fr the time Pf tookover.Tayali is the offsprng of RB .THEY CREATED 2 MA FAKE NGOS JST 2 DISTURB PF.MWANAWASA LEFT GEORGE MPOMBO 2 ACT BECAUSE RB WS IN CHIPATA MOURNING HIS MOTHER.THS WAS EVEN CONFIRMED BY RB HIMSELF WHEN HE WAS CRYING THAT HE HAD NO OPPORTUNITY 2 SAY BYE 2 MWANAWASA WHEN HE LEFT THE COUNTRY 2 EGYPT.PLS TAYALI DO NOT MISLEAD THE NATION,WE KNOW U WANT TO TAKE ADVANTAGE OF SITUATION TO GET SUPPORT OF DONOR FINANCE HELP TO RAISE MONEY 2 BUILD HSE.
THE QUESTIONS:
DID SATA LEAVE LUNGU ACTING OR DID CABINET JUST RATIFY?
IN WHAT STATE OF MIND WAS HE AT THE TIME?
WHAT IS YOUR INTEREST?
WE ARE MOURNING, WE WANT PEACE. GET OVER YOURSELVES.
THE CONSTITUTION IS CLEAR EXPECT FOR THOSE EYING FOR POWER.
SCOTT IS ACTING PRESIDENT.
Sata did not appoint Lungu before he left and cabinet did not have a meeting either to appoint him. Lungu was just acting president by default. Who appointed Lungu to be acting president? Thats the question Lungu must answer.
Mr.Author, are u in your right state of mind?need we remind you that Late President MS(MHSRIP) couldn’t choose Scott as AP whenever he left cuz Scott’s parents are not Zambians? Now, that MS is late, therefore,scott is eligible to be AP for 90 days,cartel or no cartel.. full stop. You have a problem take it to court!!!!!!!
LAWYERS AND ECONOMISTS HAVE LET US DOWN,THAT IS WHY I LIKE ENGINEERS.REMOVAL OF EDGER FROM THE TOP JOB BRING 5 LAWYERS AND THEY WILL EXPLAIN DIFFERENT THINGS CONTRADICTING EACH OTHER.ASK THE ECONOMIST WHY THE KWACHA IS AT K6.45/dollar THEY WILL BRING EXPLANATIONS THAT WILL NOT CONTROL THE DOWN FALL.
Edger Lungu just demonstrated that he is not fit to be president by failing to interpret the constitution accurately and by giving in to pressure.
The problem we have as a country is that young people are becoming the worst opportunists. Integrity among many has become questionable. It is not uncommon for such people to form NGOs for the sake of money laundering while calling others corrupt. We all need to start listening to ourselves. The issues on hand is not about Lungu, Membe, Kabimba,What Rupia Banda did etc. With due repect Mr Tayali, everyone has a right to mislead oneself. Zambia is 50 years old. A lot of people have been to school. You do not have to impress that you know the law better. If you do please go to court. I also note that General Miyanda is not questioning the constitutional provision of what happens when a sitting president dies. His question is on the elligibility of Guy Scott. The two issues are different.