By Henry Kyambalesa
I wish to join other Zambians in expressing my heartfelt grief upon the passing of President Michael C. Sata. It is really another dark chapter in our beloved country’s history!
With respect to the issue concerning the person who is supposed to act as Republican President during the 90-day period leading to the election of the next Republican President, Hon. Guy Scott is constitutionally the right person to assume the functions of the presidency as stipulated in Article 38(2) of the 1996 Republican Constitution as follows:
“Whenever the office of the President becomes vacant, the Vice-President or, in the absence of the Vice-President or if the Vice President is unable, by reason of physical or mental infirmity, to discharge the functions of his office, a member of the Cabinet elected by the Cabinet shall perform the functions of the office of the President until a person elected as President in accordance with Article 34 assumes office.”
As members of the Zambian family and members of a civilized society, I trust that we will remain calm and peaceful during this very difficult time of national mourning. I also trust that political leaders will dissuade their supporters from engaging in politically motivated violence, because such violence is likely to destroy our beloved country if we fail to make a resolute attempt to address its underlying causes.
Allow me to re-state what I have identified before in my previous articles as some of the salient causes of politically motivated violence, including the tendency by some Zambians to consider other citizens who have dissenting political views, as well as those who belong to other political parties, as “enemies” rather than “patriots” who also have a stake and a genuine interest in the future of our beloved country.
The real enemies of our beloved country today are not any given individuals or groups of individuals; and they are certainly not any given political parties, foreign countries, non-governmental organizations, or a particular political or economic ideology. Rather, our real enemies are poverty, hunger, ignorance, illiteracy, disease, widespread unemployment, crime, corruption, and moral decay.
Politically motivated violence has also been exacerbated by intolerance, lack of respect for the rule of law, and an inability, on the part of perpetrators, to reach compromises with people who have dissenting views.
Besides, the tendency by some half-baked politicians to demonize and/or stigmatize political opponents has tended to incite political supporters against those who are labeled as political malcontents.
Moreover, politically motivated violence has been perpetrated against some leaders within political parties merely because they are often seen mixing with leaders from other political parties. But how on earth can a relative, a friend, a colleague, a neighbor, or a fellow worshipper become an “enemy” simply because he or she happens to belong to one of the other political parties in the country?
And the fact that political cadres are readily available to be used by their leaders to engage in violence on a regular basis in exchange for booze, a bag of corn meal, or a few pieces of silver attests to the unprecedented lack of decent means of earning a living—an issue which the next Republican president will need to address by devising simple, practical and commonsense solutions to our beloved country’s socioeconomic malaise.
Each and every one of us has a civic duty and obligation to confront politically motivated violence head-on in order to maintain the viability of our nascent democracy. Political leaders particularly have an enormous role to play in this endeavor; in the pursuit of their political ambitions, for example, they need to walk the walk in exhibiting a high level of tact and utmost respect in their dealings with political opponents and other members of society.
We should all learn to promote and propagate our political views in a manner that honors and acknowledges other citizens’ constitutionally guaranteed right to participate in the political process.
The author, Henry Kyambalesa, is a Zambian academic currently living in the City and County of Denver in the State of Colorado, USA.
Ladies and Gentlemen, let’s mourn our President.
We will have time to express our views after the 11th of November! May I also remind you that our constitution leaves too much to the imagination and the exact scenario we are in even the Acting President has acknowledged and advised those with divergent views to seek judicial redress.
That said may we mourn our late President in peace, harmony, unity and tranquility.
May your soul rest in eternal peace Mr. President
I wish it was as I proposed Wednesday as a burial day: Wed 5th. TODAY. So we can send Ba Sata in a more dignified way.
Look now, we run out of issues, you even allow these Henry’s to be writing stuff when we are mourning.
Why it has to be on 11.11? How many more days? Lord have mercy!
Only Mugabe will come and restore the value we lost earlier this week, on hands of PF. Thank he shouted at Guy Scott to behave. Allow Mugabe to be main speaker on/at funeral.
Mr. Kyambalesa, let bygones be bygones. Whether Scott is the right guy or not doesn’t matter – let’s mourn the departed leader, please!
When one is acting he/she conducts the functions of the that office. The issue of illegibility to even serve in that capacity should be met at all times. Otherwise the constitution would be conflicting itself. Therefore, Henry Kyambalesa, get a life and stop miss leading masses.
If you live a confused life, confusion will follow you even to your grave!
Mr Henry Kyambalesa,
You are not a legal authority nor the Supreme Court of Zambia and therefore you should have qualified your statement as “your own opinion”. Equally your argument in support of your opinion is shallow or rather you have done the “simplistic approach” to a complex issue. No one is denying what article 38(2) states. It is very clear. What you should have done is give a considered view as to why other opinions are not accurate in Law. The most significant one being at 39(3) which clearly suggests that “An Acting President (in our case E. Lungu) can only give power to a President (incumbent or NEWLY elected) not to another person who will also be Acting. Now explain that one and i shall move my opinion over. Then there is Miyanda’s slim but credible argument on…
Misleading headline. The discussion is incomplete regarding the qualifications of the VP to act as President under the circumstances. The cited enabling constitutional clause can not be read in isolation, and then no attempt was made to extrapolate.
The rest of the message on living in diversity is persuasive.
Am wondering whether some senior members of PF including Cabinet Ministers can be said to belong to civilized group. They are just kaponyas who. Have no values at all. They are using racist remarks and insulting constitutional office openly. When did these thugs know that Scott was white. From time immemorial. When it was political correct for them he was a friendly force and no one saw the skin of his colour. SHAME. Fifty years0of self rule people still have inferiority complex. How many seniour members of PF have condemned the calling of Guy Scout a PIG. None. Haa!!! Sata culture of violence and cofusion will leave with us unless we decide as ‘civilised members of Zambian family’. WAKE UP ZAMBIA. YOU ARE. NO LONGER HAVEN OF PEACE BUT “RISKY AREA”. SHAME AGAIN.
I want to agree with you we of the never never. These (fontini’s ) they think chalo chabo beka .They insult and mis interpret constitutional provisions to suit them. They undermine other people with labels like a TONGA,LOZI or LUVALE can never rule this country. These backward creatures should not be allowed to continue ruling this beautifull country they risk putting it on fire because of there separate interests.
The title should be about preaching peace and not who is eligible to act as president. Quoting article 38 alone of the constitution does not completely show critical debate on the issue of eligibility for acting as president in the current circumstances. Tell us why article 39 shouldn’t apply. Let’s agree that the current constitution is defective so let us advocate for smooth transition and fix the it later. My opinion is that both Guy and Lungu qualify under this defective constitution. Lungu has the instruments of power and Guy takes over acting as president under articles 39 and 38 respectively. So both are in charge. What a constitution!!!
Mr. Kyambalesa. You may be in USA but going by your name I think you are Congolese from Katanga. Please keep out of our politics and concentrate on removing Kabila.
@Musanabe,mr Kyambalesa is a Zambian from north western.He is a leader of a political party in Zambia.His origins like many tribes in Zambia including you Bemba superiosts is Congo.I hope this rest the case from you backward racists and tribalists.
@Musanabe for own information Dr Kyambalesa he maybe a prof now is Zambian from north western.he was a leader or still a leader of an Oposition political party.Just like most tribes his origins is congo including you Bembas.I hope this answers your question you racist and tribalist.
@musanabe. This is why for you suddenly Guy Scott is from Scotland. The problem with stup!dity is that it has no bounds.
Sido Mark – a Professor at what Institution? Besides, he does not hold a PhD, so what doctorate are you talking about? Get your facts right before you mislead people. Haven’t you noticed that he does not use the term Dr. himself? Also note that even a part-time teacher at a high school can also call themselves Professor – so called Adjunt Professors.
I think this article is not so helpful at this stage of the debate. You should have written this article on the first day of the president’s demise. May be then it would have made some sound contribution and NOT NOW because those debating otherwise are using also other articles which you did not. As for me its like you just wanted to show us that you are a Zambian in the diaspora. Otherwise, you should as well heard many submissions and discussions on local TVs and radio stations and you will have known that at moment the debate is just above this scope. Read Prof Ndulo’s and will will have stayed put. All the best in the diaspora and hope your family is enjoying for having you there.
This is plagiarism , we have seen such messages several times, But BASHI NONO, hasn’t paid any Tribute to SATA Why ??
anyoko BASHI NONO did pay tribute to sata you just missed it.
DId I miss the message from the Chitimukulu? Please update me on this one. I want to read and know it all.
Iwe @ndime! Ubufumu busheta amenshi! Ala!
Iwe kyambalesa, you are not here to sniff what smelling. Bwana, where you is very far and safe from any trouble but us we see, hear, taste, smell and feel what is here with all our five senses. That man you call A/P is mocking us Zambians. The cabinet made a very big mistake to impose GAY SCOT in that position. He can not think on his own but CARTELI has to think for him. USELESS. Let the 79 days pass quickly Please
This is the waste and pathetic headline I have never seen in life. scott is not stable and he is easily influenced by anyone including fools like selfish kabimba and mmembe.
Don’t trust scott he is a foreigner and he is capable of doing any foolish things.
politicians all over the world are confused and surprised about the step the zambian took of letting a white person to act for presido.
Actually the writer is right in his claim. The parentage clause in constitution was changed by Chiluba to bar Kaunda from bouncing back to politics; the worst blunder in constitution-making is targetting individuals, and not forming laws to bring justice.
What the judges do is that they seek the simplest interpretation to avoid confusion in this case of parentage. Since the VP has no mind and health problem to have the cabinet elect an acting president, the parentage close doesn’t hold simply because Scot was not elected into presidency, and did not stand for presidency, but he is only acting after the demise of an elected president. So there is no conflict here.
If your reasoning is different from mine, then consider this: no law made by man is just. Some are bent on the end…
This article is a reason short and a day late. Despite the strong belief that a lot of us have, which is that Edgar Lungu should have acted until the election we have accepted the error and moved on. The article of the constitution the author quotes can not be invoked because at the time of his death the president had already appointed an acting president. Scotts eligibility to act is not the issue. That is whole different argument.
The issue is that we have now set precedence that has no constitutional foundation. The only way to support the argument proposed in your article is to imply that a sitting president does not have the authority to appoint any other person to act when the vice president is available. We can’t have it both ways.
Please respond to ” its a worry” . He is…
He or she (its a worry) is right!
Guy Scott is not the right candidate for president; not because he is white, but he lacks the power to do so. He is a puppet pulled this way and that, plus Sata never left him to act as president each time he left the country, so why now. There are forces that are using him as a shield to gain power and he is a helpless old man who lacks the clout to stand up for what is right.
My question is, why didn’t Guy scot complain or argue when the late president never made him an acting president in his absence? The man does not fit to act at all. there is nothing to explain here. GS does not fit anywhere in OUR constitution. there is an exception here. Just as he was not fit to act when sata was alive, he does not fit to act now period! Besides this man is too old even to last 90days. His body language tells me the man is tired and past his usefulness. He does not even care what happens in this country because he knows scotland will welcome him even without a visa.
fool,fool,fool fool you’re a fool