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Friday, April 3, 2020

LAZ asked to guide on appointment of Mulenga Sata

General News LAZ asked to guide on appointment of Mulenga Sata

President Edgar Lungu  addreess Law association of Zambia 2015 annual General Meeting and Gala Dinner at Zambezi Sun Hotel In Livingstone on Saturday PIcture By EDDIE MWANALEZA/ STATEHOUSE.
President Edgar Lungu addreess Law association of Zambia 2015 annual General Meeting and Gala Dinner at Zambezi Sun Hotel In Livingstone on Saturday PIcture By EDDIE MWANALEZA/ STATEHOUSE.

The Law Association of Zambia (LAZ) has been challenged to give the nation legal guidance on the debate of the appointment of former Lusaka Mayor Mulenga Sata as State House Deputy Minister.

The Foundation for Democratic Process (FODEP) Executive Director Macdonald Chipenzi has been quoted in some sections of the media challenging President Edgar Lungu to clarify why he appointed Mulenga Sata as State House Deputy Minister against the constitution.

Mr. Chipenzi observed that Mr. Sata’s appointment may be in breach of Article 68 of the constitution on appointments of Ministers and their Deputies.

Mr. Chipenzi argues that the constitution is clear that the President cannot appoint any person as Minister who contested a ward, parliamentary or Presidential election in the same life of Parliament.

But Governance Activist Isaac Mwanza says President Edgar Lungu acted within the law and provisions of Article 68 of Constitution of the Republic of Zambia in nominating and appointing the former Lusaka Mayor, Mulenga Sata as Deputy Minister at State House.

Mr. Mwanza has however noted the need for Mr. Sata to honorably step down as Councillor for Kabulonga Ward since he has ascended to a higher office.

Mr. Mwanza has told QFM News that while it must be noted that the limiting clause under Article 68(3) that seeks to prevent the President from nominating and appointing persons who were “candidate for election in the last preceding general election or in any subsequent by-election” he is of the strong view that the former Mayor was not a candidate in the last general election, but was a candidate in the local government election.

He says he understands that, in his capacity as a Councillor, Mr. Sata is a holder of public office, and is therefore expected to resign as Councillor upon his nomination as a Member of the National Assembly.

The Governance Activist says it must be understood that the reference to “general elections” in Article 68 (3) of the Constitution refers to elections to the National Assembly or parliament, and the elections to the office of President, while elections to the office of Councillor, are held separately as Ordinary elections conducted under a separate Act as quoted above.

He states that the holding of all three elections on the same day and in the same circumstances, is entirely a matter of convenience and cost.

Mr. Mwanza has since called on the Ministry of Justice to learn about the pitfalls of selective amendments to the Constitution and Acts of Parliament which pose difficulties when situations such as these arise.

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    • You are missing the point! Read through again. Sata was & is still a councillor who contested elections in the same parliamentary life. There is merit in Chipenzi’s analysis.

    • As for Lungu holding onto the ministry of defense, there is no law that stops a president from holding a ministrial position. It is the prergative of the president to appoint ministers including himslef.

    • What is the interest here, you want Mulenga Sata loose job? There are so many who have been appointed/elected without using the constitution. Mulenga Sata is a good guy, he is a gentleman.
      The constitutionally elected PF president is Miles Sampa, not Edgar. Forget about the LAW.

    • @Nostradamus I didn’t realise you were cantankerous. I have heard you make many good arguments but here you are wrong my brother. We have to follow the law. I think it slipped everyone’s mind. It’s like his father (MCS) first cabinet appointments- way above constitution- tho it was immediately rectified.

  1. One man is President and Minister of Defence…
    Another is Deputy Minister and Ward Councillor…

    That’s double salaries for both. Ever heard of “more money in the pocket?”

    • Observer double salary is there in Zambia for sure. Speaking from experience. I know is the U.S. It depends on the amount of hours you put in in a job (position). In Zambia it is about how many titles or position you have.

  2. The problem with you Zambians you want the law to suit your thoughts. The Consititution says one cannot be nominated as a MP if that one had stoon in the elections and lost. This what Levy went against and capitalised on the wordind that ONE MAY NOT. He said the law doesnt say CANNOT BUT SAYS MAY NOT. Please if you are serious dont just look at what pleases you but the whole picture. I am sure you havent even seen this clause but just because you fee Mulenga cant be a minister you want to accept this without examination.

    • “ONE MAY NOT” and “CAN NOT BUT SAYS MAY NOT” I like this Ndaje Khaks, thats why lawyers should not be trusted with the kind of language they use in drafting legal documents as they are bent to gain advantage over the lay people. Thus if I may ask can one demand of a lawyer to use simple wording that is straight forward and acceptable to a client needing no lawyer explanations?

      Zambia really needs a constitutional court for the sole purpose of explaining and clarifying constitution clauses when in contention. The current courts are seen to be partisan and uninspiring.

      But for an outsider to be the one raising the issue does it mean the whole house of parliamentarians saw/see nothing wrong or just want to remain disaffected?

  3. i went with friends to see some of PF projects a hospital and trade school. PF has a vision and those fighting PF will be ashemed for all thier lives. lets put aside proftless debate and support this govt

    • They can build shells, but what is happening to the old structures that where built sometime back? Mulungushi, UNZA, Copperbelt university are they being funded to meet their purposes? What about the job freeze & unemployment? What are the graduates of these schools, universities going to be doing? Just Roaming the streets and stealing from the few who are working and you call that development? Look at Greece they are facing they are encountering similar problems because of electing leaders who did not care. Mind you Greece is a developed nation with all the infrastructure. Just wait and see you wont be there to praise the visionless.

  4. It is clear, councilors are not supposed to be appointed as ministers and subsequently MPs. Mulenga should have first resigned the post of Kabulonga councilors. FODEP is therefore right to make such an observation. But as usual, when dowe respect our own laws in Zambia. This will drag on and on until parliament is dissolved next year.

  5. Let Mulenga Sata stay at state house. That is where he belongs as deputy minister and subsequently president. PF is synonymous with Sata. Remove Sata from the PF political equation, then you will draw a blank.

  6. You got love this Isaac guy when he opens his mouth, he makes sense and doesn’t take things personal as McDonald. His explanation are always backed by law and are to a point. Wish Edgar Lungu had people who have brains like him

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