ENDING THE GUY SCOTT ACTING DEBATE.
By Chanda Chisala.
I was asked to respond to the LT article by Mr. Chilufya Tayali entitled “Attorney General Musa Mwenye misled Cabinet over the Appointment of Dr. Guy Scott as Acting President.”
I’ll be quick about it.
Mr. Tayali’s argument is that the constitution suggests that the only person who can revoke the authority of an acting president is another president – whether the one who appointed him or a new elected one. Therefore, it was supposedly illegal for Edgar Lungu to relinquish his acting presidency to Guy Scott (Others have even called it a coup!)
Although Mr. Tayali surprisingly acknowledges that Article 38(2), which authorizes the Vice-President to take over, should “automatically kick in” when there is a vacancy, he still argues that this should only kick in when there is no other acting president already chosen by the deceased president. Why? Because the reason the framers included this “provision” of Article 38(2), according to Mr. Tayali, was to deal with a situation where the president had died without appointing someone to act for him.
Let’s not misquote Mr. Tayali, we will copy and paste his own words here:
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.
What is truly baffling is how the writer could fail to see that his own words in this paragraph have already corrected his misinterpretation of the constitution.
Putting aside the fact that his interpretation relies on mind-reading capabilities (what the “crafters” had in mind), there is still a very glaring contradiction that should have quickly alerted him to his error.
Tayali tells us that the reason the framers included Article 38(2) was because it is “common sense” that “death comes in [sic] suddenly, so the President cannot have time to appoint a person.”
And yet his own sentence just before that disagrees with him! Besides death, there are other ways article 38(2) automatically comes into force, including “resignation”.
And since resignation does not “come suddenly” (like death) but is still covered by this “provision,” and since this is the “common sense” on which the writer based his mind-reading venture into the framers’ intentions for article 38(2), the rest of his reasoning is just unfounded sophistry.
Mr. Tayali and the others who keep insisting that the clause [Article39(1)] that gave Edgar Lungu his acting position is still legally in force could have in fact seen the logical error in their interpretation if they read the latter part of the same clause a bit more slowly:
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.” [Emphasis mine]
When the president is out of the country, he MAY SPECIFY some functions or even just one function that he would wish his acting president to discharge, according to this clause, and the acting president may only discharge THOSE functions. For example, the president may be going to London for two days and he could specify (in a letter) just one function that he would want the person acting on his behalf to “discharge” for him while he is away for those two short days.
If he unexpectedly dies in London, will this person continue acting for 90 days only with that one function the president explicitly specified for him when he thought he was going for only two days? Where would he get the authority to perform more functions beyond what the president specified for him? This alone should make obvious why the constitution says the Vice-President (as head of cabinet) (as acting head of cabinet) should automatically take over for 90 days and should perform functions NOT merely specified by the president in a letter, but ALL the functions of the president, except the ones excluded by the same constitution.
Author can be contacted at cchisala (at) stanford.edu.
you have nailed it. Am just a lay man but your last example really amplifies it.Thank you.
Professor Muna Ndulo, Law Association of Zambia, Attorney General, and this guy have all professionally explained that Guy Scott is the only who should act. If you don’t agree, go to court, stop making noise you racist kolwes.
The Mpombo example is not the basis for Guy Scott’s according, it is article 38 of the constitution. Professor Ndulo and LAZ didn’t even mention Mpombo issue in the arguments. May be Mpombo was verbally instructed to act until RB came from the funeral at the farm. So don’t cricify AG over Mpombo example.
Mr Chisala,
It is clear that the constitution is defective and needs clarifying, as your “OPINION” has a huge gap that you have conveniently filled by suggesting that article 39(1) only applies to “specific” functions and not the comprehensive functions of the presidents office, suggesting that even in these circumstances, the full acting powers are vested in the Vice President. In as far as we know Edgar Lungu had full powers and not just some Specifics and Scott had none despite being in the country. Article 39(3) is what give Edgar Lungu the claim to act as President and only hand power to a newly appointed President.So why have you failed to explain this 39(3) which Tiyali relied upon? There is no article that suggests one acting president can give power to another person to act.
@Chisala, people stopped discussing that nonsense way back last week. you are not ENDING it. It ENDED long back.
Find something more meaning full now, like a woman to have fun with. Rejoice life, because it is too short, soon condolences will be for you, because Sata has got enough. And Sata has a nice place you can go and visit him every-time you go to Lusaka. Not imwe.
Chanda Chisala makes a convincing argument.
Very difficult to throw stones at him.
We need to wait after the burial when as i suspect Scott will remove Lungu again, and as we are led to believe he has the power to, only that this time there shall be no excuse regarding the timing of it
Thanks
What if the letter of appointment does not specify the roles he has to perform,what is the position?
Guy Scot’s position can be likened to a situation where regulations specify who can enter a particular place.It is common in public places to separate ladies and gents rest rooms.So if by fluke some character wears ladies attire in disguise just to gain entry into a room that he is not allowed,such a person will be at loggerheads with the prevailing regulations.
In similar terms,Guy Scot cannot be a President of this country due to constitutional limitations.It does not matter whether in an acting capacity or not.For 90 days,Zambians will be referring to Guy Scot as his Excellency.I therefore fully agree with John Sangwa that there is no provision in the constitution of acting…
People, including the author, are failing to answer the only key question that should kill of this debate. Which is; Who can legally revoke the powers of an Acting President legally apppointed through Article 39(1)? It is only Article 39(3) that gives the relevant guidance and it states: “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 IF ANOTHER PERSON IS ELECTED AS, AND RESUMES THE OFFICE OF, PRESIDENT”. In our case, since Sata is died while Lungu was duly Acting President, it is only a NEWLY ELECTED PRESIDENT, that should have revoked powers from Lungu. Until that is answered, I shall stand by Lungu..No racism here!
Sounds like another brain washed Zambia who thinks everything by a white man is great. I think the big take and point in Tayali’s article, which was actually well researched was that the Attorney General based his aurguement on LIES. Tayali provided evidence from Parliament records that clearly stated that Mpombo never acted as president, and Mr Chanda seem to have missed that pont because of his blind loyalty to the white cause.
Can you trust an Attorney General who is lazy to research issues and base arguments on facts? To Mr Chanda, it seems this is a grade 12 debate where he has been put on a the wrong side and he just has to defend it and earn some marks. Chanda, we are dealing with real issues here, this is not about debate.
Sorry it’s Tayali 4: 0 Chanda
So, should we basing the change on history or the constitution? Why did you the AG to spend fruitless effort researching when the law was clear and straight?
National Morning Tembo be sober .It is on record and Official that since Banda (vice President )then was in eastern province for a funeral Mwanawasa left the instruments of power to mpombo and that Mpombo had earier on refused to hand over the instrument of power until George Kunda and tentamashimba counseled Mpombo.This was done as a temporal measure and mpombo was supposed to hand over to Banda,according to the Zambian constitution.It is clear and plain that veep automatically becames president when the president dies.Lets close this chapter now otherwise we may cause a treasonable offence just Lungu was about to.We only have one Zambia will don’t want any vacuam which my put Zambia on fire.For now the president is Scott a Zambian but white by skin so no cuams for me.
Mpombo was the acting president when Levy died. RB was on leave at his farm. If there are no records that Mpombo was acting, then its a different issue all together. Ask Mulongoti; he and the late Tentamashimba are the one who were in the forefrunt to make sure Mpombo handed over power to RB.
If Guy’s skin pigmentation was Black we wouldn’t be having this conversation. Or maybe we would have a debate. About how bad his feet smell. Anything but his eligibility for president.
True, I strongly suspect those against him just acting are not only racist but tribalists as well. How can you have this kind of drawn out argument on a straight forward issue.
You are missing one thing here there is no racism here don’t even try to crack something that is not there.The point is Guy Scott is aligned to the Cartel and that’s our worr period. We have no issues with race so just shut up.
If this matter went to court as the VP has encouraged, the judges would have their work cut out just be reviewing the various thoughs advanced on this matter so far.
Unfortunately this debate is moving from being legal to being racial going by Tembo’s remarks. The Law is very clear. The VP becomes acting president. For Dr. Scott, I think the Supreme Court’s rulling over Lewanika and Others vs Chiluba actually even allows him to run for presidency should he wish to do so. The law is Dr. Scott’s side.
I beg to differ. according to constitution.
Article 1 (1) : This Constitution is the supreme law of the Republic of Zambia and any other written law… that is inconsistent with its provisions is void to the extent of the inconsistency.
so Lewanika vs Chiluba judgement can not prevail over the constitution.
what is not being taken seriously here is the part of the following part of the said article “…….or where the Vice-President is absent from Zambia or is incapable of discharging the functions of the office of President,….” the incapability lies in the eligibility of the office barer in this case as stipulated by the constitution. Please lawyers just declare your interest and write from that angle.
Ba Max?little knowledge is dangerous than no knowledge at all.RB was born in Zimbambwe his parents are from Malawi stood based on the same ‘case law’ precedence. in the judgement the supreme court judge stated tha the ruling was in line with the CONSTITITUTION OF ZAMBIA by erecting a wall on 1964 day before independence were NO ZAMBIA EXISTED, and then interprating zambia as the consolidation of Rhodeisa and everyone present at that time in the boundaries of Rhodesia was deemed to be ‘zambian’. Scott was born in 1944 in Livingstone. His father, Alec Scott, emigrated to Zambia from Scotland in 1927, while his mother, Grace, emigrated from England in 1940 … You guys have one confused judiciary which detoriated for 20years.. Sata tried to bring sanity to it.. Nough said
Well said, @Haleisa Halelanda, and since @max millian wants to do text-tennis, he should take the time to consider the fact that the same constitution empowers the Supreme Court to interpret laws and they correctly did in the Chiluba parentage case (Lewanika and others vs Chiluba) and laid that piece of confused legislation to rest. I don’t know why we want to pick and choose on this one, but be that as it may, our efforts to misinterpret the constitution when precedence has already cleared it is baffling at best! Mwatelela makani ba @max??
I still think Tayali was spot on. Chanda just wanted to say something
Max Miilian don’t expose your ignorance,ask any law student or a lawyer that case files are very much important to understand the interpretation of law.most assignments in a law school is based on that.It helps the lawyer increase his or her reasoning capacity to interpret laws correctly.The judges are promoted because of experience accumulated in the correct interpretation of laws not memorizing the articles.Going buy what the Constitution in its original thinking of those who wanted to stop Kaunda form standing only HH a Tonga would qualify to stand as president as most tribes come recently to this part of Africa form either congo ro south Africa.May how ever submit that this piece of legislation is backward and not needed in modern Zambia.we better change the constitution for future…
Tayali cannot read and understand this type of simple language. Ba Tayali has a problem in that we have a white man as acting president. so instead of being objective (follow the law), he is being subjective (who stands to benefit, the cartel or us the bemba clique?). with such mindset, all you can do is ask them to go to court for interpretation of the constitution. Tayali now claims to be more intelligent than Prof Ndulo. lets ask the other constitutional lawyer experts like Prof Mvunga and get their interpretation not you Tayali. you seem to be driven by this ego that since you appear on Muvi Tv then your voice is the gospel truth. no baba, this matter is a straight forward matter.
Its Not about the law or constitution, but racism and disregarding the constitution. They know what the constitution says but they want to cause confusion by using the cadres to take over because this the easiest time they can get into office by buying the cadres. All those who had run away because of Kabimba came back. Didnt you people see them doing a group dance in Solwezi (during by election) Why do you think they were dancing and having those celebrations. They new Sata had few days to live and then they could manupilate the Newly appointed SG because they know he is a weak person. They can by him beer and do as they wish.
Can someone correct my thought. In govt and over parastatal companies if the manager goes on leave or any other circumstances occurs that make him unavailable for work,,, his junior is appointed to act and paid acting allowance ,,, now in an event that the only person available to take the position does not qualify ,,( has the prof qualification but lacks the experience or his too junior ) in such a situation he receives responsibility allowance because he does not qualify to act. Now our Scott does not qualify to be president by constitution ,, what is he doing ,,,,? ( I thought u only act for a position u qualify . correct me)
scot qualifies!!!!Your constitution does not bar him from acting, even in companies you can act in the absence of the CEO though the board has not yet approved your acting.Here the board being the people of zambia who are eligible to cast a vote.I hope this helps you,ha??
Refer to the Constitution
The constitution is very clear. RB benefited because of the constitution, at the time HE WAS NOT EVEN MMD. He was still UNIP, not sure if he even managed to resign from UNIP. For RB it was apatebeta Lesa tapa fuka cushi.
So Guy Scott’s real crime is his skin color.
Article 39(1) Deals with ABSENCE or INCAPACITY of the President, while Article 38(2) deals with VACANCYof the Office of the President.
Do doubt that here we are dealing with VACANCY. When it is vacancy, it is certainly correct that the Acting by the Vice President is the right Constitutional position.
That is the correct reading of that code. Mr. Lungu himself, as a lawyer, ought to have known better. The matter should have been researched before hand so as to have afforded key players within PF to be on the same page and avert the confusion. As the saying goes: Prevention is better than cure.
The problem potentially existent. Ignoring it was fatal. It was only a matter of time before it would show its ugly face. And it finally did, with devastating consequences. Former president Sata did not know any better, I presume; and may have been misled to believe otherwise. I can’t fault him. Mwenye, the guy they are not trying to crucify, put the correct interpretation to it. Ignorance is indeed dangerous, especially when given free rein, as is now the case in PF.
True!
But what I want to see is a real turnabout in the way thing are done.
I want WHOEVER IS President to have a PRESS CONFERENCE and tell us exactly what is happening, where he is going to take the Nation, and how he is going to do it.
No more of this donchi kabeba and ubufi. THAT needs to be buried with Sata!
If Scot can’t manage that, kick him out right now.
The 1996 Constitutional amendment which Guy Scott and Michael Chilufwa Sata were party to disqualifies Scott from becoming President of this country.Guy Scott cannot be President whether for one second or one decade.He simply is not qualified to hold this office.We should be debating this issue with this in mind.It has nothing to do with color pigmentation of the individual or the mere fact that he happens to be a Vice-President for which he fully qualifies.It is a constitutional taboo for Guy Scott to assume responsibilities for the office he is NOT QUALIFIED to fill.
Kindly guide me is the Acting President capable of discharging the functions of the Office of President in relation to our current constitution?
The answer is NO
I have never read Zambia’s constitution and many interpretations so many times. even when i was a civics student. I think all Zambians deserve such lessons. Thank you all writers, i am getting schooled all the way to the Polls in February.
Number 1.
The Vice President is not the head of cabinet. The President is the head of cabinet.
No.2.
An acting President appointed by the President acts as the President and is head of Cabinet.
No3
If the Vice President is not mandated by the President to act as President, he cannot do so. The one mandated then acts as head of state. The Vice President becomes answerable to the Acting President.
No.4
From the foregoing it must be clear that in the presence of the President (Acting) the Vice President the Vice President is the Vice President to the acting President.
I hope this makes the matter very clear once and for all.
You are saying that in the event of death, an Acting President, by default becomes the successor of the deceased president. This is contrary to what the constitution says. According to the constitution, in the event of death of an incumbent, the Vice President, by default succeeds the deceased president.
Otherwise, it can be implied from your reasoning that during the time the Acting President is ruling, there are effectively two presidents ruling. When one dies, the other continues to rule. That is incorrect. The Acting President only rules temporarily in the ABSENCE of an incumbent. There is a distinction between ABSENCE and DEATH. ABSENCE does not create VACANCY. DEATH does. The Acting President’s mandate to rule does not extend beyond the ABSENCE of an incumbent.
Zambia Independence Constitution which read as follows:
3(2)Every person who having been born outside the form Protectorate of Northern Rhodesia, is on 23rd October, 1964, a British protected person shall, if his father becomes, or would but for his death have been a citizen of Zambia in accordance with the provisions of subsection (1) of this Section become a citizen of Zambia on 24th October, 1964.”
Guy Scott is a citizen of Zambia.
But the parentage clause restricts the occupancy of Plot one to a citizen whose parents were/are BORN in Zambia.
Were Guy Scott’s parents born in Zambia? NO!!
Nothing racial here for even KK cannot stand to be elected as President since his parents were born in Nyasaland.
Well done Chisala. Some people are arguing without having read the law . Please go to the relevant articles and read them. Ask yourself this big question only after you have read. Under Article 39, was Mr Lungu given to perform THOSE FUNCTIONS under clause 1 or clause 2. If you go by Mr Tayali’s argument, then it is not the late President who gave the ‘Instruments Of Power’ to Mr Lungu and you will note that this Article does not provide for transferring ‘Instruments of Power’. It only provides for performing of SPECIFIED functions in the the event that the President is not able to do so whelther the President in within or outside the Country.
All Zambians when Ebola comes were are you going to ask help from ? Europe. when you need money were do you ask from ? Europe and The government call it euro bond. Zambians economy is the poorest in the world and kwacha valve is weak. All your copper prices are controlled in England called the London stock exchange chinse are already in Zambia getting your raw materials and one of great Britain son what’s to become president. let him become whites are not like as black people who don’t help each another and the will help guy with the economy . chinse already know that if guy Scott because president the prices with go up and the will pay more ,mining companies will be paying more tax into the economy .Were will Edgar lunga get the money for the economy ? let guy scott become president
Jacob,
Tell them, haven’t you heard that Lungu has now started to “salivate” with Scott?
The Skeleton Key
~206~
$ 250 usa dollar is 2million kwacha , how useless is the kwacha and the economy ? 50 years of Zambian independence since kk left office know international university has never been built or new buildings the town centre. 15 million Zambians know that GBM IS NOT EVEN EDUCATED and what’s to stand as a president or vice president . Ba lunga got ka law degree western countries at the age of 24yrs have got the paper you have but cant even become near as acting or been president.15million Zambians know that mulenga sata used to sell dogs and international media on the news say that, those three people do the what to be president for 200 people or 15million Zambians . chinse are really scared if guy Scott winners becomes copper will go up , controlled in London /
@17 Jacob, GBM cannot become president because his mother was a Zulu from South Africa unless the constitution is changed and I hope it does not change by the time of the by-election.
This debate has been interesting. I feel the real issue has not been tackled. When the president is nomination a person to parliament and subsequently as a minister, that person ought to be eligible/qualifies to be a candidate for election to parliament, meaning that person is eligible/qualifies to a member of parliament. I would like to believe that this principle ought to have been employed when the president was appointing the republican vice president. If this had happened to cycle of debates we are enduring now would not ha been there.
I rest my case
Corrected Text
This debate has been interesting. I feel the real issue has not been tackled. When the president is nominating a person to parliament and subsequently as a minister, that person ought to be eligible/qualifies to be a candidate for election to parliament, meaning that person is eligible/qualifies to be a member of parliament. I would like to believe that this principle ought to have been employed when the president was appointing the republican vice president. If this had happened the cycle of debates we are now enduring would not ha been there.
I rest my case
@Jacob
Who is this Jacob by the way. He sounds to be a complete lost creature by all standards. Shaaaaa!!!!!!
I have a question for the author. What was the functions that HE MAY HAVE SPECIFIED? Are you then privileged to know what they were? Can also be true that the late President may have left full functions to Mr Lungu? In which case he could actually act till new elections? Iam just pointing out because in your submission you said Mr Tayali’s contribution was partially based on common sense!
Here is another school of thought. Why didn’t the late President actually give the acting president those powers considering he was around and according to all of you, fit to hold office, not even once did he act and yet he was very close to him! Was it not at the advise of the Government lawyers considering the president was not a lawyer? Hope you will see these comments and reply. Thanks
Joe, all these speculations about why the president didn’t do this or that, what he thought, why he didn’t leave Dr Scott in charge don’t matter, he is not around to clarify. we can only rely on the law which is the constitution. Otherwise that is why everyone has a different opinion. The law is very clear unless you failed English at school.
Joe Mwansa,
Do you have to ask “Was it not at the advise of the Government lawyers considering the president was not a lawyer?”
PLEEEEEEZE! Sata never took advice from ANYONE! He was not called chuumbu mosholwa for nothing.
He was just too dull to know what kind of shit he was making for Zambia.
This is what I have been saying if you have challenges understanding English Mr TAYALI our General Miyanda as well please consult those who paid attention in Secondary school and at University.
When you think of it seriously Tayali is on the right path.
1 The president did not give the vice to act why……. 1+1=2 so since he was around, and not given to act he must have been incapacitated. So it would be wrong to give him the instruments when he is incapacitated. Incapacitation in this case may not be by medical were you need a police report, It may be by the way he communicated with the late president who must have seen the incapacitation and hence not give him power at all. My sincere interpretation. It is worth going to courtseriously
This is the reason why we need to re-look at our constitution and avoid gray areas. Amendments/additions/omissions to a constitution are necessary to ensure that we continue to perfect it for the sake of our nation. WE HOPE THAT THE LAW MAKERS WILL TAKE A LEAF FROM THIS. I for one do not believe that an acting president appointed by the incumbent can have only one role to play. But it is common knowledge that even the dully elected president has certain limitations to what he can and cannot do. Only God has no limitation.
The specificity refered to relates to specific instructions on the decisions the president would want taken on specific matters that the president would anticipate to arise in his absence. The fallacy in your argument is apparent in the following imaginary scenario.-President leaves the country and delegates a specific function as suggested say to deal with the budget. While the president is away civil unrest breaks out in the country would the person acting have to wait for the president or run to the office of the vice president? I am sure the same power delegated to the person acting should grant that person the power to deal with all matters requiring presidential authority. The office was not rendered vacant by the death of a president in his absence as per 38 when 39 was in effect.
the kola clique vs cartel.uko!
So who belongs to the Kola clique, Chilufya Tayali or Chanda Chisala? You are not making sense mate.
The only issue we should have been discussing right now should have been when the 90 days of Lungus acting would have started. In other words do we count from the day he started acting or the day Sata died?
…the debate is becoming interesting and confusing especially to people who are on the fence as far as this debate is concerned….each time one comes up to justify the Edgar-Scott transfer of ‘power’, ends up opening a ‘tin of worms’ crawling to the other camp……and when someone tries to condemn the power transfer ends up giving ‘ammunition’ to the other camp and the circus continues…….
..only one thing comes out very clear here….the current constitution belong to the archive if not the dust bin….
..its not ending the debate…its twisting it further…
Guy Scott is properly and constitutionally acting as President, let’s not waste precious time debating a non-issue while evil schemers like the cartel are busy “choosing” our next president . What we should worry about as citizens is whether Scott will continue to act properly and constitutionally and unbiased during the 90 days that he is supposed to supervise preparations for presidential by-elections, how much influence from the evil cartel he will accept, how much consultative leadership he will provide, seeing the chaos he nearly unleashed on the country Monday 3rd November.
Though I may add that the events of Monday 3rd November 2014 taught the cartel that there is a surprise variable which they will never understand nor control: the masses. The Past has made too many contradictory statements since the political demise of Wynter and the masses were watching, talking and learning. The Past forgot that silence is golden and spewed all sorts of nonsense, in the process exposing themselves to the masses and convincing the doubting Thomas what the Past really is. Now the Past has lost the plot and the game.
Very interesting and educative comments. I have earned myself CPD by reading all these articles.
Carry on with the comments, I can change to law rather than accounting.
EZ
Whether Guy is the one to act or not, white or black is not the concern or worry to many Zambian but the main worry is why didn’t MCS appoint him to act even for few hours and another is Guy’s link to the cartel (and do pretend as if you don’t know them; A TEAM)so the big problem we have right now is the cartel and if you don’t know this group is in every Gov’t department and are capable of manipulating the Constitution. Food for thought, do you honestly think Kabimba would have agreed to hand over the instrument if he was acting.
@Loadist: The issue of the 90 Days only comes in after the persona dies.
1) Chanda Chisala is overating his view; how does he entitle it,
“ENDING THE GUY SCOTT ACTING DEBATE.”?
2) Chanda’s analysis falls short of the word, and his conclusions are far from convincing.
Chanda has missed one thing here, the issue of CAPACITY to perform the functions of the office of president.
3) Simple logic will tell Chanda that, when Zambia Bureau of Standards (ZABS) set standards for a particular type of product anyone or company wishing to or producing such type of product must meet the set standard.
The procedure is they will subject the process to tests that verify whether or not the product of the process will meet the set standards. Remember that the aim (and end) is not necessarily the process but the state of the end product.
You do not say that the…
You do not say that the company can produce anything it will acceptable, but produce the product that meets the standard only for purposes of testing.
4) Looking at this article and following his previous submission, I think Chanda’s thoughts need some patch-up. Chanda, combining what he says now and what he said in the last article, seems to use the thinking presented above in (3) by suggesting that one does not need to meet criteria for presidency in order to perform the functions of president.
He suggests that the requirement are only required for election exercise and not the actual function. I ask Chanda these questions:
Why do we have the presidential election requirements?
Is it just to have a colourful and well decorated process or the requirements are meant to produce…
Therefore, you do not say that the company can produce anything it will acceptable, but produce the product that meets the standard only for purposes of testing.
4) Looking at this article and following his previous submission, I think Chanda’s thoughts need some patch-up. Chanda, combining what he says now and what he said in the last article, seems to use the thinking presented above in (3) by suggesting that one does not need to meet criteria for presidency in order to perform the functions of president.
He suggests that the requirement are only required for election exercise and not the actual function.
its good for serious people to talk like this its healthy lets share ideas and come up with the final answer we are understanding issues keep it up ZAMBIA
My questions to you Chanda, why do we have the presidential election requirements?
Is it just to have a colourful and well decorated process, or the requirements are meant to produce the desired product that meets the criteria?
Is the requirement meant to serve the process (election) or the product (which in this case is the president)? According to you Chanda, is putting up criteria a matter of rituals or it is intended to define the product/outcome?
@It’s a Worry says that Lungu should have continued acting according to Article 39(3):
“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 only problem @ItsAWorry is that Lungu was not appointed “by virtue of clause(2)”, but by virtue of “clause(1)”, so this does not apply.
@Umukulu asks “My questions to you Chanda, why do we have the presidential election requirements? Is it just to have a colourful and well decorated process…?”
We don’t have them for the Vice-President, because he is not a running mate. He doesn’t…
PEOPLE LET ME TELL YOU THE FUTURE OF ZED , AFTER THE FUNERAL DR GUY SCOTT WILL TRY AND RELEASE THE NEW CONSTITUTION THEN THAT WAY THERE WONT BE ANY DEBATE ABOUT HIM STANDING FOR PRESIDENCY……THE GOOD NEWS IS THAT , THE PEOPLE OF ZAMBIA WILL HAVE A PEOPLE DRIVEN CONSTITUTION. AM SAYING THIS COZ THAT WHAT I WOULD DO IF I WAS GUY SCOTT AND MOST LIKELY U AS WELL.
If Mr Lungu was appointed using Clause 1 of Article 39 then clause 3 does not apply. You canot rely on clause 3 to take care of clause 1. Clause 3 only takes care of Clause 2, full stop. And in clause 2 the Presidents hand is not involved. The Daily Nation has of late shown some objectivity but needs to understand this. Do not worry about cartels. We shall exercise our right to vote
Tayali is just one loony pretending to be clever.
Tayali and General Miyanda are misinterpretng the constitution.The scenario here is vacancy in de offce of the president and not qualification 2 presidency.I regret of having supported and voted gen.and Hp in 2001.we expected alot fr u because u onced servd as Veep in mmd.As for Tayali,we understand z jst allucinatng.
If Zambians can be true to themselves, they must agree that they are not mourning Sata at this very moment. They would have appreciated if national mourning was only twenty four hours. I am talking about the hard-core Sata supporters, where are they mourning him? They are already on campaign trails including his children (Mulenga Sata) and his most trusted lieutenants. Impossible to distinguish between Sata’s foes and friends.
That Tayali Guy is misleading and misrepresenting alot of youths. he is not a Lawyer is justbone guy buying favours just in case the one is supporting gets into plot one. Tayali you should be ashamed of yourself. Tayali go to court please and hire a lawyer for your sake that is you can afford one, maybe the state themselves can provide you pro borna. Am just glad this issue is over so that we mourn our president in peace.
Rest In Peace King Cobra.