CHIPENZI’S STATEMENT ON PRESIDENT LUNGU’S APPOINTMENT OF MULENGA SATA UNFORTUNATE- BY SUNDAY CHANDA, PF MEDIA AND PUBLICITY COMMITTEE VICE CHAIRPERSON
5th July 5, 2015 – The FODEP Executive Director and UPND sympathizer Mr. Macdonald Chipenzi’s allegation that His Excellency President Edgar Chagwa Lungu could have breached the constitution when he appointed Deputy Minister Mulenga Sata is founded in sheer desperation and dangerous ignorance of the law.
It’s a no brainer that Article 68, a provision Mr. Chipenzi chose to manipulate was framed to bar losing parliamentary candidates from being nominated as MPs. The reason is obvious. After being rejected by the people, a losing candidate cannot be forced on the people as a nominated MP behind their back. Logically, it refers to losing candidates because it would be redundant nominating a winning one.
Mr. Chipenzi knows too well that Deputy Minister Mulenga Sata never stood as MP. He did stand as a Councillor but the Constitution does not refer to Councillors but MPs. In any case, even if it included Councillors Sata Jnr should still have had lost elections (rejected by the people) at that level. So if the people accepted him as a Councillor, it follows that they would not have a problem with him being nominated as an MP.
We are aware that President Lungu’s enemies are regrouping as evidenced by remarks from Dr. Guy Scott that there was a contradiction of late President Michael Sata’s vision with the strategic re-alignment of political forces, such as MMD and former President Rupiah Banda.
We insist that President Sata was a larger than life personality and there was no way Zambia’s political order would have remained the same with the passing away of such a colossus. Re-configuration had no option but to happen. While Dr. Scott would have preferred PF’s extinction, the people were determined to keep Sata’s dream alive.
Therefore Dr. Scott does not stand on high moral ground on this matter because he was determined to suffocate and mutilate the Sata vision had he not been defeated by people’s power.
Dr. Scott was determined to see that President Lungu never becomes President and PF is kicked out of power. We want to reiterate the position of PF’s Deputy Secretary General that Dr. Scott is working with enemies of President Lungu. On that score we can say to him again that we will defeat him like we did before.
Lastly, there is a fact that people such as Dr. Scott and his friends must accept – President Lungu is the people’s choice and he is marching into the 2016 elections much stronger than ever before. PF remains humbled at the immense support he has continued to receive from Zambians of all ages.
We can also advise that it’s dangerous for people of Mr. Chipenzi’s stature to read and run with the constitution as though it were a novel. This is what happens when an organization like FODEP is reduced to an extension of a political party.
By: Sunday Chanda, Vice Chairperson, PF Media and Publicity Committee
The best way of running a business in Zambia is not to answer every rascal otherwise you will spend precious time on this nonsense
Hey Sunday Chanda
This is NOT an issue for PF as a party NO, but its about govt. Let govt spokesperson respond & not a mere PF cadre with a publicity stunt!
FODEP is checking & balancing the constitution, so Sunday Chanda PF cadre, don’t insinuate that your assumptions are logical fallacies. Best to mute than barking at every opportunity that gives PF cadres to yap.
Refer to article 68 & ask the learned like the Attorney General interpret it for you as PF cadres can’t read as they are visionless!
The Skeleton Key
~206~
I notice that as we debate these issues, no one seems to actually quote the actual disputed constitutional clause. Anyway, I thought I paste it here for everybody to see. Here is article 64, 65, and 68. As article 68 is supposed to be read in conjunction with 64 and 65 for it to make sense:
Article 68. [Nominated members]
(1) The President may, at any time after a general election to the National Assembly and before the National Assembly is next dissolved, appoint such number of persons as he considers necessary to enhance the representation of the National Assembly as regards special interests or skills, to be nominated members of the National Assembly, so, however, that there are not more than eight such members as any one time.
Article 68 (continues):
(2) Subject to the provisions of this Article, a person may be appointed as a nominated member if he is qualified under Article 64 and is not disqualified under Article 65 for election as an elected member.
(3) A person may not be appointed as a nominated member if he was a candidate for election in the last preceding general election or in any subsequent by-election. 36 (As amended by Act No. 18 of 1996)
64. [Qualification for election to National Assembly]
Subject to Article 65, a person shall be qualified to be elected as a member of the National Assembly if –
(a) he is a citizen of Zambia;
(b) he has attained the age of twenty-one years; and
(c) he is literate and conversant with the official language of Zambia. (As amended by Act No. 18 of 1
65. [Disqualification for election to National Assembly]
(1) No person shall not be qualified to be elected as a member of the National Assembly if –
(a) that person is under a declaration of allegiance to some country other than Zambia;
(b) that person is under any law in force in Zambia, adjudged or otherwise declared to be of unsound mind;
(c) that person is under a sentence of death imposed on him by a court in Zambia or a sentence of imprisonment, by whatever name called, imposed on him by such a court or substituted by a competent authority for some other sentence imposed on him by such court;
(d) that person is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in Zambia;
Article 65. [Disqualification…] continues:
(e) that person’s freedom of movement is restricted, or that person is detained under the authority of law; or
(f) that person, within a period of five years before his nomination for election, has served a sentence of imprisonment for a criminal offence
(2) A person who holds, or is a validly nominated candidate in an election for, the office of the President shall not be qualified for election as a member of the National Assembly.
(3) A Chief shall not be qualified for election as a member of the National Assembly.
(4) A Chief who intends to stand for elections to the National Assembly shall abdicate his chieftaincy before lodging his nomination.
Article 65. [Disqualification…] continues:
(5) Parliament may provide that a person who holds or is acting in any office that is specified by Parliament and the functions of which involve responsibility for, or in connection with, the conduct of any election to the National Assembly or the compilation of any register of voters for the purposes of such an election shall not be qualified to be elected as a member of the National Assembly.
(6) Parliament may provide that a person who is convicted by any court of any offence that is prescribed by Parliament and that is connected with election of the members of the National Assembly or who is reported guilty of such offence by the court trying an election petition shall not be qualified…
Article 65. [Disqualification…] continues:
…to be elected as a member of the National Assembly for such period, not exceeding five years following his conviction or the report of the court, as the case may be, as may be so prescribed.
(7) A person holding or acting in any post, office or appointment –
(a) in the Zambia Defence Force as defined in the Defence Act, the Combined Cadet Force, the Zambia National Service, or any other force or service established for the preservation of security in Zambia;
(b) in the Zambia Police Force, the Zambia Police Reserve, the Zambia Security Intelligence Service, the Anti-Corruption Commission, the Drug Enforcement Commission,…
Article 65. [Disqualification…] continues:
… the Zambia Prison Service or in any other force or service established for the preservation of security in Zambia;
(c) in the Public Service including an office to which Article 61 applies; 35
(d) in the Teaching Service; or
(e) in any statutory body or any company or institution in which the Government has any interest; or
(f) prescribed in that behalf or under an Act of Parliament; shall not be qualified for election as a member of the National Assembly.
(6) In this Article, the reference to a sentence of imprisonment shall be construed as not including a sentence of imprisonment the execution of which is suspended or a sentence of imprisonment in default of payment of a fine. (As amended by Act No. 18 of 1996)
THERE YOU HAVE IT, NOW LET US TRY TO DEBATE/ARGUE INTELLIGENTLY!!!!!!!!!!!!!!
Yambayamba thank you. Question is, does sata junior attend parliament? i was of the impression that all people with a ministerial designate in their job do attend parliament. I could be wrong. If however am right, then it means sata should not be appointed as such, since he is still a serving councillor of kabulonga ward. this directly contradicts the constitution on article 65 (c) and (e).
Sunday makes a lot of sense each time he responds. Bravo man.
Maybe if he used tact in his language that portrays level headedness I would have been convinced but I place him among zealot cadres! The initial enemies who did not want Lungu as president are in his PF and they may not still like him as president while some like him those who don’t want can not be forced to like him. He’ll still be president and deliver for all, the percentage that showed it liked him and that which didn’t!
Why, because you are sharing same bed in lunatic asylum due to acute 1mbecility?
The issue of Sata’s vision ended when he passed away. The point at hand should be Lungu and PF’s current vision. March on improve the people’s living standards the best way you know how. Why always cling to the past presuming what others would have wished. March on Lungu and ignore your detractors. You are answerable to the living, not the dead.
I would advise against the continued racist vilification and deep insulting of Scott by Chanda and others. He is Sata’s man – you are nothing
Under the current PF, genuine, intelligent members have been reduced to nothing whilst rascals have been embraced. Lungu is so much in need of rascals he even has to go to MMD looking for some.
PF told the world that RB and Dora are corrupt.Why embrace them today after Sata’s demise?That’s what Scott meant and even other objective citizens.You started by anyone with a divergent opinion to be a cartel including Kaseba.
Why are people avoiding the question on Levy appointing Nevas Mumba as VP against the same consititution you are referring to? A precedence hadbeen set or should Mumba pay back the money he earned as VP?
Apapena ba Chanda mwasosa. Tell them.This time Guy be careful I warn you
Under the current PF, genuine, intelligent members have been reduced to nothing whilst rascals have been embraced. Lungu is so much in need of rascals he even has to go to MMD looking for some. And Chanda please leave Scott alone; you are not in the same class with him
Chipenzi, father Luonde, Fred Mmembe, Mutombe Nchito bonse aba bonse bafeekaala
I forgot to include Guy Scott nao lithole fye
In any case, even if it included Councillors Sata Jnr should still have had lost elections (rejected by the people) at that level.
Awful sentence. He was probably thinking in Bemba. Next time, just write in Bemba
LUNGU UP TO NOW HAS NO MINISTER OF DEFENSE? WHY, WHY, WHY INSTEAD HE CREATES A POSITION WHICH HAS NEVER BEEN THERE SINCE ZAMBIA CAME INTO EXISTENCE CALLED “MINISTER OF STATEHOUSE” WHERE DID HE GET THIS AND UNDER WHICH LAW?
Iwe @Sena, what law prevents a Zambian president (Lungu) from being both President and Minister of defense? Why do you folks like wasting time crying about issues that have no basis in law? You may NOT LIKE IT, but that does not mean Edgar Lungu is contravening any laws by holding on to the ministerial position he held before elected president. Move on!
It would be productive for people like yourself to instead concentrate on FIXING the Constitution rather than crying foul on matters that our constitution allows, or is silent on. The new constitution is on its way already, what have you done to fix such black-holes in our new Constitution? If nothing then you have no right to complain next time another president does the same again.
It could be interpreted as the behaviour of a paranoid alcoholic
Mr of state at state house not state house minister. A president can also be incharge of ministry. Unfortunately thatwhat our consititution is about. Unless you quote a clause in our laws which bars the president from being a minister, there is no need to talk about this subject.
Mulenga Sata-na from dog and wine smuggler to mega rich man. That money mune you’ve stolen and your dad, you will pay back come 2016.
Sunday Chanda’s position is sound at law. Read it without any bias, whatsoever. Chipenzi acted out of sheer ignorance of the law and the rules of interpretation.
Problem is that mr chipenzi is Upnd cadre so there is nothing tangible he can tell the pipo of Zambia.Who is a lawyer between you and Edgar lungu?Iwe chipenzi EL understands law better than you so for him to appoint Mulenga sata he is in a right path.
Without sounding catering I strongly feel Sata should have resigned immediately he was appointed as Deputy Minister or alternatively the ECZ should have announced a date for a ward by-election where Sata was a councilor. That’s just my view without being partial. What do others think.
Chandlers is right about Chipenzi’s flawed law interpretation. However, the chap is all wrong on Guy Scot whom most of the Zambians appreciate. Infact, anyone who listened to that audio recording by the Post on Chikwanda will knw tht the real cartel was formulated long after people close to Sata noticed his failing health and this Chikwanda cartel started maligning people like Scot and Wynter and started proping up Lungu. In the end, they succeded to replace Wynter wit Lungu as SG and pushed his elevation to Min of Defence. Sata by then was too sick to make decisions. Remember that Christine Kaseba confirmed to the Nation that Sata never anointed a successor and also Guy Scot refused to support Lungu through a fake democracy of ‘a rise of hands ‘ type of election.Sata never abused…
Leave the name of that greedy woman out. She even attempted to stand herself. What morals are in her?
Where was Chipenzi when Mwanawasa appointed failed candidates to cabinet?
All MPs are councilors by virtue of being elected MP, therefore, a councillor could be nominated as an MP without stepping down as a councillor. Sunday Chanda though being mischievous has stated a good point that the article in question was designed not to allow people who have been rejected by citizens to be nominated as MPs, further the article deals with general elections and not local govt elections which fall under a different law, though for convenience sake held at the same time as general elections.
Sunday Chanda is a brilliant young man and his analysis makes a lot of sense.If the FODEP man wants politics,let him resign and join politics.