President Edgar Lungu has said that the constitutional court has a huge task to interpret contentious clauses in the amended constitution especially with the coming August General election.
The President said that the Constitutional Court will have to immediately interpret the Grade 12 clause in the amended constitution for the benefit of the nation.
President Lungu said that this was because almost everyone has been busy debating the Grade 12 clause. The President was speaking at State House when he swore in Supreme Court Judge Hildah Chibomba as President of the Constitutional Court.
Meanwhile, four opposition political parties have disputed the Examination Council of Zambia (ECZ)’s move to disqualify anyone without a Grade 12 certificate from participating in this year’s election even if they have a tertiary qualification.
They said instead that the constitutional provisions on the matter could be addressed better by the Constitutional Court.
The four political parties are Zambia Republican Party (ZRP), National Revolution Party (NRP), People’s Party (PP) and the Zambia Direct Democracy Movement (ZDDM).
ZRP president Wright Musoma said that the ECZ’s move was prohibitive and would only worsen the already compounded problem of candidate identification by political parties participating in this year’s election.
NRP president Cosmo Mumba blamed the current problems on Members of Parliament who were allegedly “sleeping’’ when the constitutional making process was going on.
PP president Mike Mulongoti said the move by the ECZ to take a fixed stance on the matter showed that they did not understand the legal implication of minimum qualification and the Grade 12’s equivalent.
Mr. Mulongoti said the Constitutional Court would be in a better position to clarify the point and not the ECZ, adding that Zambians did not have time to start taking straight-forward issues to court before the elections.
Meanwhile PF has advised Higher Education Minister Michael Kaingu to stop misinforming Zambians that aspiring candidates who did not meet the constitutional requirement of a Grade 12 certificate will be eligible to contest their respective elective positions for as long as they possessed a diploma or a degree from a recognized college or university.
And the Zambia Youths Association in the Fight Against Corruption (ZYAFAC) says it is concerned with the deliberate manner in which Dr Kaingu had continued to mislead Zambians that aspiring candidates without Grade 12 certificate were eligible to contest elections if they possessed a diploma or degree when the constitutional provision was clear on the matter.
PF deputy secretary general Mumbi Phiri said it seemed Dr Kaingu was inertly intimidating the Electoral Commission of Zambia (ECZ) to bend its current constitutional position that only candidates who meet the Grade 12 certificate constitutional requirement were eligible to participate in the general elections.
Mrs Phiri has appealed to Dr Kaingu to stop commenting on the Grade 12 certificate clause and wait for the Constitutional Court to make an interpretation on the matter without any form of prejudice.
Mrs Mumbi said it was not correct for Dr Kaingu to insinuate that the ECZ was reconsidering bending the Grade 12 certificate constitutional provision.
She said ECZ chairman Justice Essau Chulu had already given guidance on the Grade 12 certificate clause and that Dr Kaingu had created an impression that he was bulldozing the Examination Council of Zambia (ECZ) to accept any other qualification outside the provision of the Constitution.
Dr Kaingu yesterday criticized the Examination Council of Zambia claiming that the institution was wrong in its interpretation of the Grade 12 certificate or its equivalent as a qualification to contest elective positions in the August general elections.
Dr Kaingu is appealing to the Electoral Commission of Zambia not to limit the qualification to minimum requirements but should instead consider maximum qualification which would include college diplomas and university qualification.
If a piece of legislation has to be interpreted for a layman to understand it, then its not a good legislation. It was passed without extensive consultation/debate and the President went ahead and appended his signature to it. He should have thought about it, as a lawyer. General Miyanda warned him against signing it without reading it carefully.
Affirmative, I agree with you on this one. And you wonder why cabinet always only proposes to acquire loans when they meet but sideline these little things like constitutional clauses. Misplaced priorities right here.
**always meet only…
With all due respect, Sir, why did you sign it? Gen Miyanda pleaded with you to open your eyes to a lot of controversial clauses in the new constitution before signing. You acted hastily!! Isn’t President Lungu a lawyer? Then he can explain these clauses since he read and understood them before signing the constitution!!
READ ARTICLE #70 OF THE ZAMBIAN CONSTITUTION (AMENDMENT):
#70. (1) Subject to clause (2), a person is eligible to be elected
as a Member of Parliament, if that person—
(a) is a citizen;
(b) is at least twenty-one years old;
(c) is a registered voter;
(d) has obtained, as a minimum academic qualification, a grade twelve certificate or its equivalent; and
(e) declares that person’s assets and liabilities, as prescribed…
Now pay attention to (d) and tell me who is RIGHT between Mr. Kaingu and Mrs. Mumbi Phiri? Honestly, how can someone fail to understand the simple meaning of “MINIMUM QUALIFICATION” and say it may disqualify those holding anything above grade 12 or its equivalent? If you are not sure whether the papers you hold fall below the required MINIMUM, the…
The Constitutional Court is not to be instructed on what they have to deal with. The best the president could have said is who is taking the matter to the court (an individual, an NGO, PF or GRZ). We should desist from the old tendencies of telling independent bodies what they should or should not do.
@William Tekere Banda (Former UNIP/MMD thug, Now in UPND):
Some of you people just comment for the sake of commenting, right? What Constitutional Law, anywhere in the World, that does NOT need interpretation? Please STOP LYING and being PETTY. The United States of America has the entire SUPREME COURT whose DUTY is to INTERPRET the Constitution of the United States. And guess HOW MANY TIMES and HOW ALONG the Supreme Court of the USA has been INTERPRETING the US Constitution? For Centuries! Yet everyone/Country seems to envy the US Constitution and the style of Democracy it has been able birth. So there is nothing strange about having a Court specifically charged with the responsibilities of interpreting the SUPREME LAW OF THE LAND (the Country’s Constitution!)
continue…
As for the President signing the Amended Constitution into Law, well, was it the President’s duty to sit down and nitpick what the People’s Representatives had agreed to in Parliament as the FINAL CONSTITUTION AMENDMENT? I personally don’t think so! Lest he was accused of IMPOSING HIS WILL on wishes and desires of the Zambian people which they expressed LOUDLY and CLEARLY through their MP’s in Parliament. If MPs failed to do their JOB when they had a chance, it shouldn’t be the President’s fault that MPs have a VERY POOR READING/STUDY CULTURE of the Bills they pass—more reason we need the grade 12 MINIMUM requirement!
NEXT TIME THEY SHOULD PAY MORE ATTENTION TO THE WORK (LEGISLATE) THEY WERE SENT TO PARLIAMENT FOR, THAN DOWNING SHOTS OF WHISKY AND FALLING ASLEEP…
Uuum! Common Mr. Lungu, get over it, lets move on. Why did you sign the Amendment Constitution if you & visionless PF bandits didn’t conceptualize the synopsis of the effects? Surely a lawyer (Lungu) failing to interpret the constitution! Flop, all is good only for drinking Jameson Whiskey.
Let the next govt deal with the Constitutional interpretation, PF is only left with 4 months, vital to make this work, Lungu & PF should daily explain how the visionless PF bandits will stabilize the ECONOMY!
ECONOMIC crisis, power deficit in load shedding, unemployment, hunger & poverty should be the mandated priority. The mouths of Lungu & PF have NO VOCABULARY IN ECONOMIC aspects of the State. A State can’t proper on ANARCHY, violence is normalcy under PF.
PFs economy crisis, is the WORST case…
Lazy Lungu is too weak..his empty tins are wasting time on irrelevant issues INSTEAD of articulating policies if they have any…the bum stated he will not sign it but becausr he is surrounded by dull school dropouts he keeps coming back to this; imagine if Old man Sata had said he this was final…do you think anyone would squeak in public?
..scenario in the history of failed Zambia under illiberal PF. Can PF bandits even spell it, economy? Seriously NOT. Everything about PF is verbatim from their failures in stabilizing the economy of the country. Violence reigns supreme in PF.
People, here is a perfect chance, an opportunity to change, changing govt as PF has failed miserably. Anything to do with PF is violence, shame.
Nachinto Imasila!
The Skeleton Key
~206~
Forward is Change to UPND.
Many Zambians are so daft – just shows their understanding of things articulated in English – IS IT ANY WONDER WE FAIL TO RUN OUR COUNTRY?????
MINIMUM, simply means it is the LEAST YOU CAN HAVE, thus for degree or diploma holders such as myself, I would register WITHOUT EVEN BOTHERING TO FIND MY Gr12 Certificate!!
What a classical example of the incompetence and confusion Lungu and his PF bungling have brought to Zambia!
Instead of holding a REFERENDUM the useless drunk LAWYER decided to take the “non-contentious clauses” to his bunch of clowns in Parliament! Now what does he call this debacle? NON-CONTENTIOUS???
Even the PF party stalwarts are fighting with EACH OTHER over this issue!!!!
The sad part is that Zambia is facing an ECONOMIC DISASTER caused by PF, and instead of addressing this urgent problem that affects every Zambian, these greedy selfish swines are only interested in getting elected after having SHOT THEMSELVES IN THE FOOT by their own incompetence!
LET US BE ORGANIZED LADIES AND GENTLEMEN. GRADE 12 CERTIFICATE IS IDENTIFIED AS A REQUIRED MINIMUM, CLEAR. LET THE GRADE 12 CERTIFICATE THEREFORE BE PRODUCED, PERIOD.
Ndelolesha fye… this is good news let the court tell us not Dr. Kaingu please…
@hh, this isn’t the best time to say ndeloleshafye, say something constructive. The constitution is clear, no grade 12 or equivalent no standing
This is what happens when bushmen write the law. All they had to do was stipulate that one needs a minimum of grade 12 certificate to qualify. Is it that hard sure?
Are you sure Lungu is really a lawyer?
Then he surely must know that he cannot direct any Court on any legal matter. A case must be brought to the Court by a Plaintiff.!!!
Maybe he is just a FAKE lawyer with a FAKE qualification. MAYBE HE ALSO DOES NOT HAVE A G12 CERTIFICATE!!!!
One thing is certain. He is as clueless about the Law as he is clueless about everything else!
it may or may not be enshrined in our constitution but psychologically in zambia its commonly believed one needs to have gone thru G12 before they can go to university (this is a PSYCHOLOGICAL CONTRACT WE HAVE IN ZAMBIA) like it or not this clause is here to stay
I can imagine the egg on Kaingu’s face when he realised the law he had voted for was kicking him out. The ConCourt will have to be careful not to interpret the law in vernacular. In the new parliament after 11/08 the language will have to be rephrased to include minimum G12 & its equivalent or higher academic qualification.
It is quite disheartening that a piece of legislation passed less than 6 months ago has caused so much confusion amongst the people that noisily signed it and cheered its signing.
I shudder to think how “confusing” the 50 + 1 will be come August 12 :/
And spent $4.6M just to sign it. Utter rubbish!
There are people who failed Form 3, but enrolled to do artisanal certificates in (engineering/ catering/ agriculture/ Construction etc). With practical field experience gained over years, they went on to enrol for Diploma courses in their related fields. Some might even have upgraded their Diplomas to Degrees. What makes such a Diploma/Degree less than a Grade 12 Certificate? The New Constitution clearly says MINIMUM Grade 12 or ITS EQUIVALENT, I have no idea what is so diffcult in understanding this clause. Let us wait to hear how our learned Judges will interpret this clause to us.
Wow, Education minister without a grade twelve certificate…lol. now we all know why he behaves the way he does. He is ignorant! Dull!!! He cannot even solve the university crisis. Uyu mwana ali dullu, kufeluka ndi grade 7 thrice. Grade nine ati nakomboka. Lol.
This matter does neither Legal Brains to interpret it nor further politicking about it. The constitution was made by us the people, give it a life span, do not nip it in the bud. Every job in Zambia today from a maid, garden boy, security guard, driver up wards demands for minimum of Grade 12 Certificate, if one wishes to be employed freely and publicly, unless one wishes entrepreneurship or self-employment that where aptitudes matters. Elective Offices brings in more benefits and income to holders of such Offices like the President, MPs, Councillors; like any other job they ought to have at least Grade 12 qualification to comprehend, articulate and implement matters of Governance correctly and appropriately. This is not a debatable matter. Tertiary education is not mandatory, but Grade…
I don’t think the Grade 12 clause is really an issue. It is not and that clause should stay in the constitution. The issue is the hardline and fundamentalist stance taken by both ECZs on this clause. You can’t surely say somebody with a PhD, but without a grade 12 certificate should be disqualified. This is a myopic and radical interpretation taken by these two organs of the state and surely I do8ubt any of the law makers or even people who made submissions on this clause had this kind of stance in mind.
Grade 12 was minimum qualification. Please led GBM stand as HH running mate. The man has many tertiary certificates and experience, and surely he is way far better than that Grade 12 certificate holder and dancer who forged a NIPA Diploma, I think his name is Stephen Masumba
The constitution says and I quote “has obtained, as a minimum academic qualification, a grade
twelve certificate or its equivalent”. This phrase must be read as a who not in bits. For one to qualify it says that “has obtained as a minimum academic qualification….”This is a very critical phrase which those who jumped from Grade 1 to University will have serious difficulties to understand. You can have all other higher or superior academic qualifications like certificates, diplomas degrees etc. But before then you should have obtained as a minimum academic qualification, a Grade 12 or its equivalent. Period. If your thought you where clever Mr Kaingu and Mulongoti to jump from Grade 7 and obtain fake degrees, you are in trouble.
Ndiwe mwamuna @Masauso! Wakamba kakambidwe koma! This clause is bringing out the fraudsters over the years. We will now see those who came back from the paper mills with degrees and other questionable accolades!
Edgar already has a position on G12 and I agreed with him. However in the interest of separation of powers, shouldn’t the learned wo.men on their own decide what is of priority to rule on?
Should every jim and jack hand them scratch papers on jobs pending on a daily basis?
All my relatives who would want to visit me from now onwards must have a minimum of G12 certificate.
Maybe we should also insist that anyone interviewed on ZNBC also has a G12 certificate!
Does an instant degree from Copperstone University qualify??
Iwe @Dokotor, what if that Copperstone degree holder has, as minimum, Grade 12 as his academic certificate? Then …? But those who don’t have Grade 12 but also have questionable Copperstone – mawe!!!!
What is there to interpret about the minimum requirement being a a G12 certificate…only someone who hasn’t got one would need interpreting?
We agree here, president Lungu is a political wizard. This way he weeds out useless PF and UPND mps.
@Nzelu:
It is Lungu who came up with this Clause, it has its origins in the UPND Party. They (UPND) wanted to stop Sata from running that is how and why they came up with this foolishness. In fact they were suggesting something as high as a College degree to be the minimum qualifications. I remember having those hot debates as far back as 2011/2012 right here on LT.
I know UPND folks love to blame everything on PF/Edgar, but please don’t give the President credit for stuff he did NOT do—as you are so fond of reminding us about this fact all the the time! This one is a UPND ‘baby’ and you should take it and own it, instead of being C@WARDS and passing the buck to an innocent soul. UPND had a second chance to do something about this if they really didn’t like this clause. But…
@Nzelu:
It is Lungu who came up with this Clause, it has its origins in the UPND Party. They (UPND) wanted to stop Sata from running that is how and why they came up with this f..lishness. In fact they were suggesting something as high as a College degree to be the minimum qualifications. I remember having those hot debates as far back as 2011/2012 right here on LT.
I know UPND folks love to blame everything on PF/Edgar, but please don’t give the President credit for stuff he did NOT do—as you are so fond of reminding us about this fact all the the time! This one is a UPND ‘baby’ and you should take it and own it, instead of being C0W@RDS and passing the buck to an innocent soul. UPND had a second chance to do something about this if they really didn’t like this clause. But…
Oops, wanted to say….”It is NOT Lungu….”
Yambayamba or Chimbayambaya, you a liar. Don’t sound knowledgeable when you are not.
If a law is not understood by ordinary people (including the president who is a lawyer by profession), then it’s unfortunate! Knowing lawyers, we will have various interpretations depending on who the lawyer is interpreting it for (PF and Opposition parties).
So law is an elastic and subjective discipline. I don’t like it.
Grade 12 certificate or burst, easy as that.
What’s happening mu chalo chesu icha Zambia? People have become so unbelievably deficient in grasping even plain stuff like grade 12. The president couldn’t even dare read the Constitution but he signed it? I wonder how many deals they have signed on behalf of the nation without reading let alone understand them. I now understand why the president never utters a word on economics. It’s an esoteric subject fit only for sorcerers.
WHY SHOULD WE BEND THE RULE TO ACCOMMODATE THOSE WHO HAVE NOT QUALIFIED? NO ONE IS DISCRIMINATING AGAINST THEM. THOSE WHO HAVE NO GRADE 12 CERTIFICATES CAN ENROLL TO SIT FOR THE SAME EXAMS ANYTIME AND THEY WILL QUALIFY IF THEY PASS. IT MAY BE TOO LATE FOR THE AUGUST 2016 ELECTIONS, BUT WE ARE ALSO NOT IN A HURRY TO GET ILLITERATES IN PARLIAMENT. WE NEED TO BE MAKING PROGRESS. HERE WE WANT BETTER REPRESENTATION IN PARLIAMENT AND THIS IS ONE OF THE WAYS WE CAN GET THAT. YES IT IS TRUE THAT SOME PEOPLE WHO DO NOT HAVE GRADE 12 CERTIFICATES CAN MAKE GOOD REPRESENTATIVES, BUT THAT IS AN EXCEPTION AND NOT A RULE. AND WE CANNOT RUN A COUNTRY ON EXCEPTIONS. JUST BECAUSE A SWEEPER KNOWS HOW TO SUTURE A WOUND DOES NOT MAKE HIM A SURGEON.
The biggest news here is that the President is not only living up to his word to deliver the Constitution that people of Zambia were demanding but he is also facilitating for it’s implementation. It is indeed wise to 1st put in place the independent Constitutional Court even if the President is effectively stepping away from being the de facto authority for interpreting the Constitution. The CC now has final authority on interpreting the Constitution binding even on the President. I appreciate your visionary approach & leadership Mr President. You are also wise not to comment on the Grade 12 clause but left it to the CC. Be encouraged to continue on this path. God Bless you & God Bless Zambia.
Is there true Indepence when President tells The Constitutional Court what they have to deal with?
This president who thinks that Zambia is his personal account. We should desist from the old tendencies of telling independent bodies what they should or should not do.
I know that common sense is not all that common. What is wrong with the president advising on an issue which is currently being discussed by citizens?
Common sense? There is dull drunk thieving lawyer that calls himself “President” but has no idea of what the job requires, and is definitely totally devoid of “common sense” that caused this nonsense in the first place. Do you really think he is the right person to give advice?
The man spent k5m on signing something he barely understands………………WHAT A SHAME
Are we serious,how do we get confused when the law is very clear that one should posses a minimum qualification of Grade 12 or its equivalent. Meaning if one has a degree or diploma automatically qualifies to stand
Grade 12 close has really exposed a lot of MPs who don’t posses the document.No wonder we have problems in the country. How can a failure make laws in Parliament. No wonder we experience unnecessary defections from losing party to ruling party causing costly by elections. Interpreting the G12 clause is simple it doesn’t need one to go to ZIALE.Professionals on this are the examination council of Zambia who will explain the language of “minimum & equivalent”.There are number of subject grades that constitutes a G12 cert.which includes english language .These categories will be explained.Infact for those who made the certificate at a go,it is indicated as “school certificate” but those who rewrite a few subjects need certification from education authority to grade if the various GCE…
: NRP president Cosmo Mumba blamed the current problems on Members of Parliament who were allegedly “sleeping’’ when the constitutional making process was going on. lol .
For Dr Kaingu: How can you have a maximum if you don’t have a minimum? they say “shortcuts are usually long” ..
This interpretation will draw a line under the issue. Is that not what we all need to happen? What I don’t get is why ED does not simply ask the government and ECZ to put the issue before the courts instead of wording it like a personal demand which leads to accusations of self interest when in fact he is correct. The matter is being publicly debated in a manner that brings confusion when it does appear straight forward.
Personally, the word minimum provides a solution for the starting point and it is open knowledge that there are many qualifications that are above the minimum requirement which should remove the necessity for having a minimum certificate. If the wording stated must have this minimum in addition to further qualifications then it would discount those who have found…
…alternative educational paths to higher qualifications.
I don’t see that wording so my assumption is the minimum is as stated and those with qualifications above need not be concerned.
However, the interpretation and clarity that is to be provided by this court should be speedily delivered to draw a line under the issue.
Any higher institute of learning demands a g12 full certificate as a pre requisite for enrollment in any course. Ofcouse competition will demand good grades. In our education system a grade 12 is a first step to a certificate diploma degree masters PhD. So if you don’t have it then how did you get enrolled in tertiary education. Its equivalent is a form five or any certificate you get after completing high school but before proceeding to tertiary education. If you have a certificate diploma degree masters without g12 or its equivalent then you don’t meet the minimum standards.
This is what I thought until I recently heard about adult learners. I just checked the Open University Zambia site and they have concessionary admissions for the over 45’s which seem to use evidence of continual involvement in things like seminars, work shops and job based training. It may not apply to you and me but it is possible there are people running who might have found alternative paths and they will require this clarification. Similarly there are schemes run by organisations that provide job training which produces qualifications for those who never reached twelfth grade. They all need to know the possibilities if political office is in their vision.
@27.1
Those certificate you get from workshops seminars or whatever are called certificate of attendance or completion not excellence or competence. They more or less like honorary or recognition.
Yes. I get that but apparently these are used for adult learners to access undergraduate programs which winds up with a degree holder without a grade 12 certificate.
I guess what I am trying to say is I am not turning my nose up if someone who didn’t have the same opportunities I had has eventually managed to get a degree. What I am saying in relation to this matter is that a person who has achieved this has a valid point if the law discriminates against him or her.
We don’t exactly provide opportunities for all to make it to grade 12. Not yet but perhaps one day, it is my hope that taking ALL kids to grade 12 as a minimum will be required by law and that we will have the sense to make that investment in the education of a nation where the youth are our majority.
Guys, if the awarding institution is affiliated to the ECZ they surely have prior learning procedures that can be recognized by ECZ if such portfolio is given up for scrutiny. That is why we talk about accreditation. If an institution has not accredited itself, whatever they do is at owner’s risk of the guy enrolling with them. I live in a country where parents and kids ask first whether an institution is accredited or not before enrolling…
Never in the history of Zambia has women held key positions than in the current government.Most of key positions which were held by men are now in the hands of women.At least there is gender sensitivity in as far as appointments are concerned.The only problem is that women are enemies of themselves.Nevertheless,that is the way it should be.Women are equal partners in development.
Grade 12 clause should be maintained in the constitution as a benchmark for elective positions.We need to add value to our electoral system by appointing people who are knowledgeable.We do not want people with little education to be law makers.The world is advancing and the levels of knowledge are also increasing.It is a mockery to allow people who have no education to make laws for the nation.
ONLY A FEW MONTHS AGO, SOME TEACHERS COULD NOT BE EMPLOYED BECAUSE THEY DID NOT HAVE GRADE 12 CERTIFICATES YET THEY HAD DIPLOMAS. WHICH IS HIGH, GRADE 12 CERTIFICATE OR A TEACHING DIPLOMA? WHY SHOULD IT BE DIFFERENT WHEN IT COMES TO POLITICAL LEADERS. THESE SAME MPS MADE THE BED, LET THEM LAY ON IT NOW.
@hh Techilema
You have clearly interpreted the clause and exactly echoed my mind. A g12 is simply a bridge to higher education regardless of the country you obtain it from. Its a paper you get after completing high school and before you enter college or university. Its corruption which has made students graduating without satisfying g12 requirements. One can enroll into tertiary education but before graduating they need to complete g12 for them to graduate otherwise the college or university admin has rights to with hold results until you present your g12 certificate. Good luck folks.
50 years after independence and Zambians are behaving like they spent the last 40 years under some repressive regime that was denying them access to education. Ati tayaleloka iyakaba! Most of us got drenched on some days just to access a Grade 12 Certificate. So you crooks want to run your mouths, get elected by your gullible electorate, and pretend you are smarter than those who really deserve it!? Awe!!
Mr. President can you also swear in the Public Defender we hope it will be some one competent
@ Ellen, I fully support your comment. I am impressed by your contribution. Forgive my excitement but it makes my day when I note that people are reading the Constitution. The correct title is actually ‘Public Protector’ & we need this independent constitutional office to be operational like yesterday.
Spot on! But these thieving PF politicians are only interested in themselves and getting re’elected.
So sorry sorry people of Zambia. You will have to wait for much longer to get someone that can stop the rot that the ACC has failed miserably to do.
@honey, sorry to say but your personalised comment does not add any value to the issue based debate on the Constitution that @ Ellen started. Do you really think any one is perfect? It is systems such as contained in the new Constitution that can be perfected. Not human beings. Let us debate the Constitution & celebrate the many progressive provisions it introduces. The very politicians you are insulting are the ones that made it possible for us to debate these progressive clauses. If you read & understand the Constitution 1st, then you will be able to add value to the debate rather than plant seeds of hate & bitterness which is a disturbing new trend that is only stalking violence in this our beloved country.
First of all this doesn’t need a lawyer, criminal or constitution lawyer, to interpret. It needs an English speaker, someone whose first language is English. Simply put ‘minimum’ means the lowest qualification required is Grade 12. Anything higher is alright… never mind the fact there are rare cases where someone has a higher qualification without obtaining a year 12 certificate. Rare but those cases do exist.
In mathematical language, the clause means: Grade 12 Certificate < = MP Qualification (i.e. Grade 12 Certificate is less than or equal to MP Qualification). In other words, Grade 12 Certificate, Diploma, Bachelor’s Degree, Master’s degree, PhD (Doctorate), etc. all qualify.
I can’t believe that ECZ (examination) guy can’t understand this…
contd…
I can’t believe that ECZ (examination) guy can’t understand this… and he was even adding his own requirements of English and Maths as passes. Shocker!
PF at its best. PF signs a doc it does not understand itself. What a shame. Where is the leadership in PF.
No leadership.
Opposition warned Lungu that he is signing his way out.
WHAT ABOUT IMPORTING JUDGE CHIKOPA FROM MALAWI.ARE THERE NO JUDGES IN ZAMBIA.WAS THIS NOT DEMEANING ZAMBIAN JUDICIARY
kAINGU DOES NOT HAVE A G12 CERTIFICATE THAT IS HOW COME IS FOR THE MAXIMUM
Please let learned men/women interpret the clause , why all the sudden you people want to be lawyers, it really supplies me. Where did you learn law people? just keep quite!
@Manager Education: The people who made this submission simply wanted a MINIMUM qualification of Grade 12 for anyone to aspire for political office. The deliberate twisting of this clause is coming from politicians with different motives. I do not think one needs a lawyer to explain the word “Minimum”. If the New Constitution read that ” Possesion of a grade 12 certificate is a must”, then can we safely say if one does not have it, (regardless of having Diploma, Degree, MSc, PhD) does not qualify.
In England there`s no GRADE 12 but YEAR 11 as the final high school certificate, Later students progress to AS and A2 level which requires one to have a minimum of 3 A-levels in order for one to get admitted to any University in UK upon filling in of UCAS forms. Now, u see, discoverers put there discoveries in schools and other institutions of learning, the vast wisdom comes from God and Christ who never had any of the papers, the point is are all G12 certificate holders wise enough to be lawmakers or we need the whole Zambian people to this cause? America has been a country for probably the past 350 years and Zambia is only 51. How many times has America amended its constitution? Did the first lawmakers of America hold Grade 12 certificates? Lets meditate and call for peaceful dialogue…
Unbelievable! The whole nation debating a clause that says “minimum”. So those who suggested the provision didn’t know what they wanted? The President assented to the amendments without understanding them? (seeing as he is directing the Constitutional court to interpret the same – something I doubt he should be doing. This clause has not even in practice been a source of litigation or petition and we are asking for an interpretation. Didn’t anyone know what they were wishing for? I have personally insisted that it was an unnecessary provision in its form. It does not prove competence or intelligence. Zambians need to be weaned from the bribery criteria and evolved into other means of ensuring that they place proper persons in positions of national responsibility.
No need to inteprete it. We already know. Does it mean that PF has failed to inteprete what they voted for. Why were they votting for it then. The constitutional court should just iterpret for PF that the new constitution has no provision for deputy ministers.So all the deputy ministers should immidiately join the list of jobless youths who are waiting for old people who should have retired in 2015 when they reached 55 years , to retire in 2025 when they will be 65, so that they can replace them. Can the court intepret this clause and not the one which even street venders can understand. Grade 12 is grade 12.All those with certificates , diplomas , degrees and other higher qualifications should have passed through grade twelve or its equivalent which is, form five. If they have lost the…
If any changes they must state to be a politician, one needs a bachelor or masters degree. To many shallow minded people of today are costing the nation billions. Simply because they are unable to make informed decisions that will better society and the nation.