President Lungu with President jacob Zuma
President Lungu with President jacob Zuma

Electoral expert McDonald Chipenzi says the Zambian judiciary, especially the newly established Constitutional Court of Zambia, can draw valuable lessons from the South African Constitutional Court’s ruling over President Jacob Zuma’s Nkandla case.

In a statement, Mr Chipenzi said the judgement has demonstrated the highest degree of the South African Judiciary’s independence and autonomy from the executive in that country.

He said this is rare in an African set up to have men and women of valour who can agree to preside over a case and make such a classic judgement against a sitting head of state like what the Constitutional Court Judges in South Africa have demonstrated.

Mr Chipenzi said it is good precedence the South African Constitutional Court has set out on the African continent by openly pointing out that President Jacob Zuma violated the constitution which he swore to uphold and protect and should serve as a challenge to other judiciaries and judges on the African continent.

“The Nkandla case judgement is a classic and landmark judgement which any judiciary worth of its salt can emulate,” he said.

“Further, Zambians should also get valuable lessons on how the law in that country has been crafted not to protect sitting presidents and elected leaders but that it has created and promoted an enabling environment for accountability and transparency in the management of national affairs by elected leaders.”

He said unlike Zambian laws which promote insulation of those in leadership while they still hold office and pursue them later after office, the President Zuma case is a clear reference point that presidents can be held responsible for their hideous actions while still serving.

Mr Chipenzi said Zambians are yet to see how the newly created constitutional court of Zambia will dispense justice especially against the powerful and the rich.

[Read 43 times, 1 reads today]
Loading...

45 COMMENTS

  1. Zambia and Zambian politicians have a lot to learn from South Africa. Political prostitutes and and ethnic regional politicians need to work to improve the Zambian political scene. Even you Chipenzi, who’s now just a simple UPND cadre. Electoral expert my foot.

    0

    0
    • Great statement. In Zambia the executive has so much influence in the appointment of the Judges, so the judges tend have pressure to show gratitude by being favorable to the appointing authority when it comes to cases that involve the executive. Zambia has a long way to go.

      0

      0
    • Zuma slept with other women whilst sleeping with his wife.

      I don’t respect a man who cheats.

      That man is a joke to me.

      Real men sleep with one lady only until that relationship is over.

      This is my ideal person I respect as the real man.

      That’s my word.

      Thanks

      Bb2014

      0

      0
    • Whether you like it or not, Chipenzi has raised real issues that are true and make a lot of sense.

      0

      0
    • The quality of a leader matters. Zuma was Zuma, is still Zama and will always remain Zuma. You elect a Zuma for the presidency, you get a Zuma as president. People don’t magically change just because they have been elected to a high office. In most cases they tend to get worse the higher up they go. Power corrupts. Absolute Power corrupts absolutely. In Africa, leaders are rarely subjected to a high level of scrutiny prior to their election. It’s the reason we end-up with Zumas. Zambians generally vote along tribal lines. It’s the reason we have had our own Zumas.

      0

      0
  2. In Zambia power is vested in the executive and is wielded to control the legislature and judiciary.

    0

    0
  3. The issue in Zambia is governance..the President has too much power; the Judiciary is literally hand-picked by the President; all of them eager to appease him. Let the author firstly exam the separation of powers in RSA.

    0

    0
  4. It is always gratifying to see Zambians starting to appreciate the new Constitution & the new concepts & institutions that it has created such as the Constitutional Court & the Public Protector. The only problem is that we do not read to know our rights & it has to take events in RSA to let us know that we now have similar rights & institutions. We dont even know that our new constitution is a step better than the RSA constitution. The author of this article thinks that there’re superior laws that allow Zambian presidents to still breach the constitution with impunity. That is now history. The Zambian president can be taken to the Constitutional Court if accused of breaching the Constitution.

    0

    0
  5. Let Mr. Zuma simply step down. He is a hypocrite and a disgrace to Africa. The treatment Thabo Mbeki was subjected to should be the precedence.

    0

    0
  6. Mr Mcdonald Chipenzi failed to account for funds at FODEP a once upon reputable organisation which he brought to its knees…The donors forced him to resign a few weeks ago and now he’s masquerading as an Election expert when infact he’s just a UPND cadre…

    0

    0
    • Always going at the personal… that is being petty Zakeyo! it is boring…. Look at the substance of the issues raised and the clarity of Chimpezi’s thought…. Majelaassi Musiye baba. Muzakafa na blood pressure.

      0

      0
  7. Well done SA Judiciary. Zuma thought he would do the usual African President thing. Bamukwela! When is Zambia going to change to reduce the President’s powers? Our presidents are like traditional chiefs. They are not held accountable nor are they questioned when things go wrong. We will never make progress.

    0

    0
  8. Zuma himself is just behaving like an illiterate, is he not the same who was saying there is no such thing as HIV and AIDS?

    0

    0
  9. Zuma himself is just behaving like an illiterate, is he not the same man who was saying there is no such thing as HIV and AIDS?

    0

    0
  10. Unfortunately the corrupt cockroach Zuma has just sort of apologised and life goes on…instead of stepping down in his shallow head his crime was getting caught!!

    0

    0
  11. The PF have acknowledged that the battle shall not be for the faint hearted, and sensing defeat have called upon a few strategies ahead of 2016. The strategies in use are CENSORSHIP, SMEAR CAMPAIGN and RELIGION BASED STRATEGY

    0

    0
  12. the Patriotic Front (PF) won the 2011 general elections on one political strategy; LYING.

    0

    0
  13. the repayment money will come from donation from members of the party and good followers of Musholozi

    Its plain selling and nothing criminal there in repayment

    0

    0
  14. Chipenzi have a look at the text of the judgement. After it was read yesterday at the Concourt, general opinion by pundits was that Zuma had ‘violated’ the constitution and yet the term was not explicitly applied to JZ in the reading!

    Rather the references were mostly ‘failure to uphold’ or ‘inconsistency with’ making it a double edged judgement and giving JZ a lot of room within the ‘de jure’ to find his way out. So all JZ did was apologise and bingo and so far he has won to the disappointment of many!

    0

    0
  15. The ANC and its people will make a umnikelo or iminikelo and the issue will be closed No problem there

    Long live Musholozi

    0

    0
  16. That’s why this immunity nonsense must be scrapped off our statutes. Our Constitution gives enough protection to the presidency so including immunity for the person of the president to do as he pleases is abuse. We should have been able to sue Kadansa for some of his statements that have promoted violence. Some of his statements have breached the constitution he swore to uphold. He swore to provide protection to us as citizens & when he says “tulefwaya ukwakufwila” he’s abrogating the constitution.

    0

    0
  17. We all saw how toothless and disrespected the Zambian judiciary was when its orders on returning RB’s passport and being allowed flight to Kenya were openly disregarded by PF gov’t.

    Zambian chief justice is a disgrace and the rest are useless…just there to eat a fat salary.

    0

    0
  18. Zuma denies dishonesty over Nkandla

    See full speech. Opposition launches impeachment proceedings.

    Nqobile Dludla and Ed Cropley, Reuters | 1 April 2016 20:21

    Luthuli house 4

    JOHANNESBURG – South African President Jacob Zuma denied acting dishonestly during a long-running scandal over improper state spending at his private Nkandla home, the day after a scathing constitutional court ruling on the saga.

    In a Friday evening address to the nation, Zuma said his response to a report by Public Protector Thuli Madonsela, a constitutionally mandated watchdog, ordering him to repay some of the money was “in good faith” but based on unsound legal advice.

    “I wish to emphasise that I never knowingly or deliberately set out to violate the constitution,”Zuma said.

    “Any…

    0

    0
  19. “Any action that has been found not to be in keeping with the constitution happened because of a different approach and different legal advice,” he said, before issuing an apology for the “frustration and confusion” caused by the scandal.

    Opposition parties, who have been calling for the 73-year-old to resign, dismissed his pronouncements as misleading.

    Leaders of his ruling African National Congress (ANC) party are also due to hold a news conference shortly.

    The opposition has launched impeachment proceedings against Zuma but these are unlikely to be successful because of the ANC’s strong majority in parliament.

    “The president is misleading South Africa. He said repeatedly, he always wanted to pay. He never wanted to pay,” Democratic Alliance leader Mmusi Maimane told Reuters…

    0

    0
  20. after Zuma addressed the nation.

    However, some South Africans believe the scandal could still bring down the 73-year-old leader by persuading some in the ANC to abandon him.

    The rand, which has been pummelled since December by a string of Zuma-related scandals, was 1 percent stronger against the dollar as he started to speak but pulled back slightly as market speculation he might resign diminished.

    Read Zuma’s full speech below:

    Fellow South Africans,

    I address you during an important year when our country celebrates 20 years since President Nelson Mandela signed the Constitution of the Republic into law in Sharpeville, which took place on the 10th of December 1996.

    Our Constitution commits us, individually and collectively, to build a nation based on the democratic…

    0

    0
  21. democratic parliament. I respect the role of parliament to hold the Executive to account as true representatives of our people, representing, as it does different voices, views and constituencies.

    Guided by the Constitution, we have an independent judiciary which is a trusted final arbiter in disputes in society.

    Yesterday, the Constitutional Court of the Republic, playing this crucial role, issued a judgement on the matter of security upgrades at my private residence in Nkandla.

    I welcome the judgement of the Constitutional Court unreservedly.

    The judgement has underscored the values that underpin our hard- won freedom and democracy, such as the rule of law and the accountability of public office bearers, while also respecting the rights of public office bearers facing…

    0

    0
  22. facing scrutiny.

    The judgement has further strengthened our constitutional democracy and should make South Africans proud of their country’s Constitution and its strong and effective institutions.

    This is a ground-breaking judgement with regards to the powers of the Public Protector.

    I wish to thank the Court for providing clarity which will have a positive impact on other Chapter 9 institutions as well with regards to their work.

    The Constitutional Court has ruled that the remedial actions of the Public Protector are binding, and that anyone wishing to challenge the remedial action can only do so through a review by a court of law.

    The Court has also ruled that the remedial actions with regards to six features of the Nkandla project must be carried out.

    This entails the…

    0

    0
  23. This entails the National Treasury establishing a reasonable proportion of the reasonable costs of each item to be paid by the President.

    I respect the judgement and will abide by it.

    I have consistently stated that I would pay an amount towards the Nkandla non-security upgrades once this had been determined by the correct authority. The Court has ruled on the matter and has devised a mechanism for such determination by the National Treasury.

    As alluded to by the court, we participated in the resolution of this matter voluntarily, through the proposal we made before the matter was heard by the court.

    We also consulted with other parties to the dispute as directed by the court. In the proposal I stated my willingness to pay and to abide by other measures.

    I would like to…

    0

    0
  24. to emphasise that it was never my intention not to comply with the remedial action taken against me by the Public Protector or to disrespect her office.

    It is for this reason that on receiving the report, I submitted it and my initial response to it to the National Assembly within 14 days as required by the Public Protector.

    The Court has welcomed this compliance and stated in the judgment that I also followed up with another response five months later.

    I then allowed another arm of the state, the National Assembly, to go through its own processes in dealing with the report.

    I welcome the finding of the court that it was legally permissible for me to inquire into the correctness of the aspects of the report that I may disagree with.

    I also welcome the clarity provided by…

    0

    0
  25. by the Constitutional Court that I should have then taken the matter on review by a court of law in the event of any queries or disagreement.

    This interpretation will be followed by the Executive in the future in light of this judgement. It puts an end to any other interpretations of this matter.

    I also respect the finding that failure to comply with the remedial action taken against me by the Public Protector is inconsistent with the Constitution of the Republic.

    I wish to emphasise that I never knowingly or deliberately set out to violate the Constitution, which is the supreme law of the Republic.

    The finding by the court that my failure to comply with the remedial action taken against me by the Public Protector is inconsistent with the Constitution and therefore…

    0

    0
  26. invalid, flows from the fact that I initially followed a different approach.

    While correct in law at the time, the approach was subsequently demonstrated to be contrary to the Constitution as stated by the Constitutional Court yesterday.

    I had earlier adopted a different approach based on the judgment of the Western Cape High Court.

    This ruling was subsequently overturned on appeal, and I immediately set out to abide by the ruling of the Supreme Court on this matter.

    I wish to confirm in line with the findings of both the court and the Public Protector, that I did not act dishonestly or with any personal knowledge of the irregularities by the Department of Public Works with regards to the Nkandla project.

    The intention was not in pursuit of corrupt ends or to use state…

    0

    0
  27. resources to unduly benefit me and my family. Hence I have agreed to pay for the identified items once a determination is made.

    The judgement has been very helpful.

    There are lessons to be learned for all of us in government which augur well for governance in the future.

    The Nkandla project brought sharply into focus, the problems within the government supply chain mechanisms.

    The gross inflation of prices in the Nkandla project is totally unacceptable and should never have been allowed, hence government is improving procurement measures to prevent any future recurrence.

    The Office of the Chief Procurement Officer has been established at the National Treasury for this purpose of ensuring that strict supply chain procedures are followed by government departments…

    0

    0
  28. Government also took a conscious decision to clean up the Department of Public Works to ensure that the flouting of supply chain procedures is eradicated and prevented.

    I issued a proclamation in December 2013 authorising the Special Investigating Unit to investigate the irregularities in the procurement of goods and services by government officials, their close family members or friends and contractors in Nkandla.

    Subsequent to this, the Department of Public Works has instituted civil claims against the implicated officials and contractors.

    Criminal referrals have also been submitted to the National Prosecuting Authority, while referrals have also been sent to relevant government departments for disciplinary action.

    The Presidency is also reviewing the policy on the security…

    0

    0
  29. benefits of members of the National Executive, to ensure that there is clarity with regards to what members are entitled to.

    Fellow South Africans,

    I wish to reiterate that any action that has been found not to be in keeping with the Constitution happened because of a different approach and different legal advice.

    It all happened in good faith and there was no deliberate effort or intention to subvert the Constitution on my part.

    The judgement has helped me and my colleagues to reflect deeply on the entire matter. With hindsight, there are many matters that could have been handled differently, and which should never have been allowed to drag on this long, which we deeply regret.

    The matter has caused a lot of frustration and confusion, for which I apologise, on my behalf…

    0

    0
  30. on my behalf and on behalf of government.

    I urge all parties to respect the judgement and abide by it.

    Let us use the judgement to build and further strengthen our democracy.

    I thank you .

    0

    0
  31. Politics of ANC and Others The Gupta and kandla is a political enclave to ANC foundation Nothing different from benefits enjoyed by PWD and Other Presidents before infact they should also be made to repay some of the enjoyments and entitlements we have seen

    The Fall of ZUMA is the Fall of People and the money is short term person nothing of long-term

    0

    0
  32. UPND cadres have got no moral right to talk about the constitution. They walked out of Parliament in their usual way of jealous and sabotage.

    Now they want to be talking about the constitution.

    We know you. Jealous tribal group.

    0

    0
  33. On an a matter as basic as ‘abc ….’, how can a 52 year old man learn from a 22 year old son? Unless ofcourse the man is an imbecile! We are tired of Zambia being treated as a cretin by corrupt politicians.

    0

    0
  34. So, in short, Zuma abrogated the Country’s constitution which he swore to uphold and protect, by embezzling £15m of public funds. Now he wants to use ignorance as his defence? And expects the World to sympathize with him and believe he acted “in good faith”? So he reckons he is the victim? Obviously there is something going on here. This is just smokescreen.

    0

    0
  35. vote

    Teach him diplomatic relations including the Post Newspaper The post Newspaper on Zama’s kandlas case editorial was gross misunderstanding of editorial In cases et not decided and to be contested You don’t express an opinion you simply quote what has been decided until such a time when parties have reached a settlement

    The post editorial of surtuday the 2nd on Zumas case is another violation of diplomacy and should Such grossly irresponsible commentaries should be condemned unless they have been conclusively decided and documented

    0

    0
  36. If there’s a lesson for Africa’s electorate in this it is that You must not elect a poor uneducated man to office. Zuma can’t do anything other than politics so if he loses that job he will have no other means of income especially since he can’t do lectures or write memos as he didn’t go to school. He is only clinging on to the job because he has no other means of income. Any principled person would have known that if there ever was a time for falling on your sword it is NOW.
    In his mind he can only apologise so he can keep his sole cash source in the hope his electorate will forget the issue.
    The apology is his last hope. Right now he could go his knees to say “Iam sorry i got caught but i didnt know i did something wrong. The situation calls for me to resign but if I…

    0

    0
  37. The situation calls for me to resign but if I do that how do I pay for Nkandla? The Guptas will be pals with the next president not me. I can’t pass my moneybags on to someone else”
    Hakainde would be in a position to quickly resign rather than hang on to a sole source of income

    0

    0

Comments are closed.