Thursday, April 18, 2024

LAZ joins case to oppose deferring of 2016 presidential elections

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The Law Association of Zambia (LAZ) has carefully considered the Petition filed by Messrs. Richard Mumba, Simemeza Syachoke and Wright Musoma in the High Court at Lusaka against the Electoral Commission of Zambia and the Attorney General on 23rd June 2015 under cause number 2015/HP/0967 and has resolved to join the action and to oppose the Petition in view of the serious constitutional issues that the Petition raises.

The Petition seeks, among other things, to have certain provisions of the Republican Constitution, particularly Article 35 (1) and (4) as well as Article 88 (6) expunged from the Constitution for allegedly being discriminatory. The Petitioners are also asking the High Court to stop the Electoral Commission of Zambia from conducting the 2016 Presidential Elections so as to allow His Excellency President Edgar C. Lungu to complete a full five year term with effect from 20th January 2015.

LAZ’s decision to join the case is founded on its statutory mandate to seek the advancement of the rule of law and of the rights and liberties of individuals, by defending any abrogation of the Constitution.

LAZ also believes that the declarations that the Petitioners are seeking have far reaching consequences on the peace, security and governance of the country as well as the growth of the country’s young democracy.

George Chisanga- LAZ President

31 COMMENTS

    • The layers in question are just bent on bringing confusion in the country. This is how things start, look at Burundi now.

    • My people remember what happened when LAZ joined petitioners against Chibesakunda. It just emboldened the courts to rule against them.
      Also remember that the men & women who opposed Chiluba’s third term are no longer there. This is an online generation with no balls.
      So LAZ this is an exercise in futility.
      As for me I will defend my children. Just watch this space.

  1. Issues that the nation want to hear a comment from them like pilato insulting the office of the presidency they are mute. No wonder you linked to the cartel now am convinced that you are all useless members of the cartel. The president and the pf have already distanced themselves from that issue so what are you telling us this late

  2. LAZ should have been active and continue to be actively involved in all matters that dwell on the constitution. That should include all matters of abuse of power by the executive. They should not have let PF field the same candidates that they had appealed against to be adopted as parliamentary candidates. They should be even more vigilant especially now that we have a constitutional rapist in State House whose only interest is to inflict the heaviest pain on the nation by corruption. LAZ should also move and challenge the constitution making process. Time of sitting on the fence is over. It’s time you fought and joined forces with Civil Society, NGOS & Mtembo. You cant leave Mtembo to fight constitutional issues alone as an individual. RB & Lungu mean business & law means nothing.

  3. i like the confidence of these 3 guys, they deserves medals but then, even if its in the name of democracy and rights, thinking that they can influence more than 10 million people and go as far as deciding for them to withhold a tripartite election based on their before bed thoughts leaves so many question on where they have placed their energy. ba LAZ, we appreciate your concern but please carry on with other business of the day, infact no lawyer is even need only one judge is enough to reprogram the minds of these 3 learned gentlemen back to reality and if they seem to still oppose, then send them back to law school that is if they are lawyers cause clearly, they must have missed a lecture or 2 full stop.

    • Sunshine, the only confidence these three have is the confidence that Lungu will reward them somehow whatever the outcome of the lawsuit will be. Power has quickly gotten to Lungu’s head that he’s stopped being ‘humble’.

    • The plan was made by the president , Malipenga is the friend to the president . Mr Simemeza is a friend to Malipenga . Mr Simemeza know very little about law. He is very good at stealing money from civil servants . Happy with the action LAZ has taken .

  4. Edgar is in full support of these *****s.If he is not as he claims let him seek a stop court order to this nonsense as it has dented his name.It is the same kind of stupidity that costed the MMD in 2001 over the third saga.Be imformed that your anti-2016 general election saga can b more disastrious than the anti third one.

  5. Ba LAZ I hope you mean well. I am disturbed that Zambians are being taken for a ride and ba LAZ you have been quiet ! Are we Zambians, protected by any chance? What should a common man like me do ? The shootings of UPND Cadres by the-powers-that-be have just been left like that in a Democratic Country, No One To Speak about it and No Law to defend the afflicted. MOTHER ZAMBIA, TIYENDA KUTI ? PLEASE BA LAZ, AND ALL THE LEARNED PLEASE COME TO OUR RESCUE. Ba Chagwa and his team are destroying Zambia and we are there looking and accepting MWANA WA VUMO YA NYOKO NIYE WAKO!

    • its UPND who starts war wen they are beaten they cry why stop wat ur doing zambians hav rejected UPND dont false us to support UPND.

  6. Laz must help corrrect the situation before it is too late. The pf is happy. The president is quiet bcoz he is being helped.
    If the court agrees to extend his rule, can he reject it?
    We should not be deceived by the pf. They are together with the petitioners to extend Lungu’s rule. They can not agree in public.
    Waiting to protest, the protests will not achieve anything.
    The result will be to wait for some years until there is peace for elections to take place.
    Protesters will be met by security forces royal to Lungu.
    Keep on sleeping and see what will happen next.
    Let us all reject this evil idea. The courts are all under the appointing authority/the president and can not go against the president’s wishes. The courts’ decisions will be protected by the pf govment no matter…

    • And just in case you have all forgotten, Lungu is the minister of defence not by default but by calculation. LAZ should go to the high court to force Lungu to relinguish the post of minister of defence. We dont want another Rwanda at home.

  7. President Lungu, be very careful with the lawyers who are pretending to love you by advocating for elections to be held in 2020. In actual fact, they want you to grow unpopular so that you lose the elections.

    Be very careful who you call a friend. This is deliberate ploy to make you unpopular.

    • He’s a cunning bas*rd he’ll let the so called debate run for some time to gauge people’s reaction. At the end of the day, depending on what his shushushus will advise him, he’ll either rebuke the three ducks publicly and bring the ‘debate ‘ to a halt or push the motion in Parliament. Eventually it’s us the people who will snap him out of childish behaviour if decides to follow through with this nonsense.

  8. On whose behalf are these lawyers petitioning the court? Is it on behalf of the ordinary Zambians or the sitting President….who is their client, the stakeholder?

    • The petitioners have no locus standi in this matter. If Mr lungu feels discriminated against, he should petition directly himself. Otherwise, this is academic and should be dismissed.

  9. Stupid petitioners! We should then just have allowed the dead Sata to complete his term. Well what do I mean? Simple and straight forward, Guy Scott should have continued acting president till 2016.

    The 90 day requirement after death of incumbent could simply have been adjusted to say ’till next presidential election’ by a simple parliamentary vote.

    Lets us not allow ‘liars’ or lawyers to hold us to ransom!

  10. zedians, don’t panic. Its actually good that this matter has been taken to court. Its oso good that some pipo ve decided to oppose it. The courts will decide. After that we will have CLARITY & PRECEDENCE on this issue. Death of a Presido in Zed wont b the last time. This will set as an example going forward bcoz u always vote for sick pipo into state house.

  11. The Pf will be on record as the most corrupt. Look at how they have made roads the most expensive to build in the world. Full well knowing it is the public who will be paying for the huge depts incurred. It is a shame that the custodians of the countries resources don’t care and steal at will. Also a shame is the fact that Pf Supporters don’t seem to care as long as it is their tribesmen destroying the country. Easterners have joined in looting.

  12. Bear in mind that 1 day when a Zambian Presido dies, an OPPOSITION leader might be elected in State House. Questions will be raised as to whether he shld b affected by terms of Govts he was not part of. If u remember SATA, when Mwanawasa died, said if he wins he was going to do 5 yrs. Sata wld ve done it. Ba Rupia balilambwaza & see where it ended for him. The fact of the matter is no 1 can claim to ve achieved “his own programs” in 1 yr (like EL) or 3 yrs (like Rupia). So lets ve the court put to rest this rubbish. How can a country as poor as Zed b having divisive elections every yr or 2?

  13. These gentlemen have a point but it is not valid in the meantime. Their case is misplaced for the time being. They should be seeking for the ammendment of the constitution. In case of the death of the president, the VP should hold office in an acting capacity for 90 days (as is the case now) and a FULL term election held thereafter, not completing the term of the late president. Lungu’s term is defined by the current constitution and thus the issue of extension should not even arise in the first place. I hope they are just seeking recognition but if they present their views to the relevant institutions, they have a point, in my opinion.

  14. This is how docile and dull zambians are. Throw some bones to detract them from noticing the real issues—-plunder of public resources.
    We should asking why is Zambia the most expensive place in world to build roads, why is ZESCO being mentioned in the new eurobonds when it was a beneficiary in the first one. Is it true that $25 million airport money went missing, and why cantle have an audit of the first eurobonds, what are PF afraid of?. instead we are debating a non stater, Lungu knows what happened to gagbo in ivory Coast and is seeing what will happen to his friend in Burundi.

  15. As much as people are entitled to their own opinions,
    Mr Lungu’s approach to certain issues is difficult to understand to some us may be he is too qualified a lawyer
    1. When Guy Scot took acting president office , mr Lungu camp said coup engineered by attorney general mr Mwenye. We thought that was the end but through Nguni they sued the state that Scot was ruling illegally .
    2 . Now these new group that sounds like want to twist things with constitution when during campaigns mr Lungu was saying want to finish mr Sata’s remaining ruling time and people voted on those grounds now want to take people for granted, politics where is the interest of the nation at heart?

    • Lungu was installed and supported by the entrenched PF thieves , knowing he will turn a blind eye to corruption, most likely he is a beneficiary. That is why all corruption allegations go unanswered.
      —$24 million airport theft—$113 million fuel overcharge—council land being stolen with impunity by PF—Zambian roads being the most expensive in the world to build—-Mulungush textiles corruption case

      Just too many to mention, i will need a whole day listing the corruption allegations that go unanswered by PF

  16. LAZ should explain to the people using the Constitutional provisions why the petition is frivolous. The petition is interesting because had Mr. Sata won after Mwanawasa’s demise, he had said he was going to rule for 5 years – did he have any legal basis? LAZ was quiet.

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