SARA Longwe delivering her speech.
SARA Longwe

The Non Governmental Organisations’ Coordinating Council (NGOCC) has called on President Edgar Lungu to provide leadership in abiding by the provisions of the amended National Constitution on the status of Ministers after parliament is dissolved.

NGOCC Sara Longwe said her organization as the focal point of the women’s movement, stands by the position advanced by the Law Association of Zambia that Article 116 (1) of the Constitution provides that “The President shall appoint a prescribed number of Members of Parliament as Ministers” and Article 72(1) provides that “A Member of Parliament shall, except the Speaker and the First Deputy Speaker, vacate the seat in the National Assembly upon a dissolution of Parliament”.

Ms Longwen said in consideration of Article 116(1) and article 72(1), Ministers are appointed on the basis of them being Members of Parliament. Considering that parliament will be dissolved, there will be no basis under which the Ministers will continue to exist as such.

She further said NGOCC contends that our leaders swear to faithfully and diligently discharge their duties and perform their functions to uphold and maintain the Constitution and the Laws of Zambia.

She added that leaders in this country dedicate their abilities to the service and welfare of the people of Zambia without fear, favour and in defense of the Republican Constitution.

“Clearly Zambia is at crossroads with constitutional interpretation at present. Therefore our calls for a people driven constitution remain justified so that the people of Zambia fully participate in bringing forth a constitution that will stand the test of time.

We as the women’s movement are committed to advancing Zambia’s democratic dispensation. We remain resolute to contributing to an enabling environment where all Zambians, women and men participate equally and in an equitable manner in the governance processes,” she said.

LAZ President Linda Kasonde yesterday threatened to take the issue of Ministers remaining in office after Parliament is dissolved to the constitution Court.

Government has remained adamant that the constitution allows Ministers to remain in office after Parliament dissolves today.

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49 COMMENTS

    • So Mr Preacher man Andrew, a person shouldnt even clean their azzhole because they have sh!tted , or they shoulnt even take a bath, because they are dying the next day right?…some comments!!!

      Anyhow, ECL wants to keep the cabinet after parley disolves in order to continue looting the remaining resources. What a waste, sonta PaFi has been after Sata passed on..MHSRIP

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    • After showing this pomposity then they will come back to you & say ‘vote for us we are your humble servants’. Kick these buffoons out.

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    • @Rainman,
      Read the constitution and understand the pre-conditions or pre-requisites for two distinct events: 1 Appointment and 2. Vacation to and from office of Minister. There is no need for this unnecessary drama.

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    • I don’t care if PF ministers remain, they do nothing. The only minister I know is Kambwili who is defecting to UPND after all those accusations from Mumbi Phiri.

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    • But what has always been the case. Have ministers not remained in their cabinet positions following the dissolution of parliament despite being appointed from within parliament. Tell us what has changed now?

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    • clearly there a lot here clinging to the ghosts of Kaunda’s “one-party-participatory-Democracy” aka the PIG, no ways bane – ministries will be run by civil servants under the PS until NEW MINISTERS are appointed…as Lincoln said better a defective one than no constitution at all – nyo LAZ, let’s go!! Ministers CANNOT STAY IN OFFICE AFTER DISSOLUTION OF PARLIAMENT; NO MINISTERIAL P2Holder emoluments – muzachiona u fakars !!

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    • Andrew it is called ‘freedom of expression’! If you must know, I started sporting red hair from June 2012 as ‘nkhula’ a traditional Tumbuka/Ngoni symbol, red colour to show one’s anger at something wrong happening in the community. In my case, as an activist, I started wearing red hair during the women’s constitution conference in order to symbolise women’s anger as to why a people’s driven constitution has alluded Zambia since independence (1964), because the current constitution legalises gender based discrimination against women and girls in the Bill of Rights.

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    • SO, BA LONGWE, YOU WANT ANARCHY IN ZAMBIA? IT IS BETTER TO HAVE EFFECTIVE MACHINERY TO CONTROL SYSTEMS IN ZAMBIA IN THE TRANSITION TO ELECTIONS AND POST ELECTIONS IN ZAMBIA. ANYWAY, I AM JUST SAYING. MAYBE, YOU KNOW BETTER.

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    • Sara is know for opposing issues for the sake of opposing…just because the president of LAZ is a woman does not mean that her interpretation of the constitution is correct. Let the Constitutional Court make a ruling…

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  1. Let NGOCC keep quite, they are among the many Vuvuzelas that have put us into this messed up Constitution.

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  2. Arrest them, if they continue to remain in office, or impound their cars, and lock their offices, or go and demonstrate in the streets, if they don’t hear. Let’s ps work period

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    • Government is accountable to Parliament.

      If this Cabinet is still constituted who are they responsible to??????

      This is the right way. These Ministers are FIRED! Their term of employment is OVER! If they want to be appointed again the proper and legal process is that they must first seek a mandate from the Zambian People by being re-elected, and then be appointed by the Government of the day.

      Anything else is illegal and constitutes TREASON!

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  3. Viva women and the institutions you represent….. it’s clear here even if the fake doctorate holder wants to complicate things… We’ve read the amended constitution and have understood how it was manipulated so as to have the Poor Finishers take charge of GVT even after the desolution of parley… the issue is as simple as this… YOU’RE CALLED CHISHIMBA KAMBWILI BECAUSE YOU’RE BELIEVED TO BE THE SON OF BA KAMBWILI SENIOR.. WHEN FACTS AT PRESENT PROVES THAT THERE NEVER EXISTED ANY KAMBWILI WHO FATHERED A MALE, THEN WHOSE SON WOULD YOU CLING TO AS A BASIS OF BEING “SON OF A KAMBWILI SNR”???

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  4. We need level playing ground for all, one one should remain in office except chagwa Ingonge, martini And his deputy. The rest pack and go, Dora siliti, and every one pack or will come and attack you in your offices. People can no longer be fooled, they are very smart. Let chagwa also have his last travel to Museveni or mu 8 , Saudi Arabia to go and ask campaign money, if any will be given to go into his pocket

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  5. we cried for the constitution and it was granted. now we are crying on its contents. We didnt bother to read it thats why we are ignorant like the opposition.

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  6. These are the same things which pushed for a new constitution. Who can trust these things again? You wanted a new constitution and you have it.

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  7. Ati sonta……nalasonta..
    Ati sonta…….twalasonta
    Ati sonta……nasonta imitengo
    Ati sonta……balasonta dollar siliya naanini
    Ati sonta……twalasonta ubunga nenkongole
    Ati sonta……nalasonta corruption ya Lungu na Rupiah
    Ati sonta……nalasonta violence nefikansa fya PF

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  8. The question is, do our learned people read the important documents that are passed onto them for action? NO!! If the MPS, LAZ, NGOCC and other stakeholders did read, they were going to root out the contentious issues when the ball was still in their court unlike trying now to fix the pen when the horse has already bolted. The constitution is clear and please note below:

    ARTICLES 116 AND 72 OF THE AMENDED CONSTITUTION ON MINISTERS SAYS AND I QUOTE

    116. (1) The President shall appoint a prescribed number of Members of Parliament as Ministers.
    (2) A Minister shall be responsible, under the direction of the President, for the policy and strategic direction of a Ministry, department or other State institution, as assigned by the President.
    (3) The office of Minister becomes vacant…

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    • @Richard,
      To add, to be appointed Minister should be a Member of Parliament – elected or nominated. 116
      116 (3) The office of Minister becomes vacant if—
      (a) the Minister is removed from office by the President;
      (b) the Minister resigns, by notice in writing to the President;
      (c) in the case of a nominated Member of Parliament, the
      nomination is revoked;
      (d) the Minister dies;
      (e) another person assumes the office of President; or
      (f) the Minister has a mental or physical disability that makes
      the Minister incapable of performing the functions of
      that office.
      Mwebantu sure usebanya, the dissolution of Parliament is not part of the conditions for vacating office of Minister. The office of Parliament cease not that office of Cabinent Minister.

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  9. 72. (1) A Member of Parliament shall, except the Speaker and
    the First Deputy Speaker, vacate the seat in the NationalAssembly
    upon a dissolution of Parliament.
    (2) The office of Member of Parliament becomes vacant if
    the member—
    (a)resigns by notice, in writing, to the Speaker;
    (b)becomesdisqualifiedforelectioninaccordancewithArticle
    70;
    (c) acts contrary to a prescribed code of conduct;
    (d)resignsfromthepoliticalpartywhichsponsoredthemember
    for election to the NationalAssembly;
    (e)is expelled from the political party which sponsored the
    member for election to the NationalAssembly;
    (f) ceases to be a citizen;
    (g) having been elected to the National Assembly, as an
    independent candidate, joins a political party;
    (h)is disqualified as a result of adecision of the…

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    • Richard – Really interesting that I do not see where the dissolution of Parliament affects Cabinet Ministers – who are appointed by the President (whether elected or nominated). So, I beg to seek clarification – what is the basis of the position advanced by LAZ — or is it the LAZ president?

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  10. Kays – This is a PF constitution. We refused to adopt the constitution through parliament because PF arrogantly wanted to use numbers to pass the constitution. Even if we ready it, which we did there was no room for debate. This is the more reason we wanted it adopted through the referendum. This is where we could have had a opportunity to debate. Anyway Edgar fyonse ni dribble them. Even how he ascended to PF presidency it was through dribbling.

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  11. “Therefore our calls for a people driven constitution remain justified so that the people of Zambia fully participate in bringing forth a constitution that will stand the test of time.” Here we go again misleading the already misled nation knowing very well that the constitution has failed to stand the test of time. Just lobby for those MPs to extend their tenure by 1 day to amend the Constitution before they are dissolved, although they will also want to stay until after swearing in the new elected President, or just face the court. Nothing to fear at court.

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  12. understanding the law is challenging for a number of people. Let the people who submitted this clause interpret it accordingly

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  13. The same constitution should guide us on how the Office of Minister becomes vacant. Let me quote
    Article 116 (3) The office of Minister becomes vacant if-

    (a) The Minister is removed from office by the President
    (b) The Minister resigns, by notice in writing to the President
    (c) In the case of a nominated MP, the nomination is revoked.
    (d) The Minister dies
    (e) Another person assumes the office of the President; or
    (f) The Minister has a mental or physical disability that makes the minister incapable of preforming the functions of that office.

    These are the only grounds on which the minister’s office becomes according to our constitution. The goodness or badness of the Law is that it ought to he applied the way it is and not how we view it to be.

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  14. This is the constitution NGOCC was crying fore. Did you read it or you were just making noise. When PF wanted to take time to discuss and review the document you accused them of all sorts of names. Some women even threatened to walk naked for the new constitution. That is what you were crying for ba Sala. Let ECL work. To you all presidents are wrong, Chiluba, Mwanawasa, RB, Sata and now Lungu. Even HH and Nawakwi would be bad to you. You have no relevance to our cause. Your husband mocks all presidents as though he was the most intellegent being on earth. Give us a break.

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  15. How many comedians imitate other people’s voices in our country for you to think you can pin Mumbai Phiri? Mumbi mwaice wandi go to court with those recording from ZNBC Where Late, data, Chiluba and Mwanawasa were recorded.

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  16. What of KK is he not imitated by our comedians? Too bad baPOST if your phones don’t have magic voice facilities. Leave Mumbi Phiri. Bemba’s say kalundu Lwila ewa tukene

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  17. It is as clear as water.Now that Parliament is dissolved today MPs cease to be MPs and those MPs who were appointed Ministers cease to be Ministers today mid-night. Those Ministers who remain in their positions will be acting unconstitutionally and illegally.

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    • Comment:brothers let’s be sincere the same constitution allows an expelled mp from his party on which was sponsored but to remain in parliament and remain an mp let’s differentiate legistrature and executive ministers would only vacat officer in this when a new president gets into office read your constitution this is not for social media debates

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  18. Comment If you are nominated MP and minister and your nomination as MP is revoked do you continue being minister or cease to be.

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  19. WHEN PARLIAMENT DISSOLVES THE ONLY ONE WHO CONTROLS MINISTRIES ARE PERMANENT SECRETARIES SINCE THESE MINISTERS ARE MEMBERS OF PARLIAMENT AND AT THIS STAGE OF DISSOLUTION OF PARLIAMENT THEY EVEN CEASES TO BE MINISTERS. SINCE PSs ARE CIVIL SERVANTS THEY REMAIN IN OFFICE RUNNING MINISTRIES EVEN IF THE GOVERNMENT CHANGES THOSE PSs WILL BE FOUND IN THEIR OFFICES UNTIL THERE IS RESHUFFLES BY THE PRESIDENT ELECT. SIMPLE

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  20. The law is very clear. These Cabinet Ministers should vacate their posts. However, the President wants these Ministers to remain in their posts for one reason and one reason alone. The President wants these Ministers to remain in their posts and help him rig and win the elections. Period. The illegality or unconstitutionality of his action is of least concern. The President forgets that in January 2015 he took an oath to uphold and respect the Zambian constitution at all times. He forgets that he could be impeached for acting illegally and unconstitutionally.

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  21. The Non Governmental Organisations’ Coordinating Council (NGOCC) has called on President Edgar Lungu to provide leadership. Its possible for a dog to give birth to a cat than for Edgar Chakokwa kaloba Wrungu to be a responsible leader.

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  22. UPND should quickly read the new constitution and put their house in order before Bowman Lusambo challenges their existence in the courts of law. According to the new constitution a political party shall:(d) promote and practice democracy through regular, free and fair elections within the party

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  23. BOTH THE PF AND THE OPPOSTION ARE BEING SELECTIVE IN APLYING THE CONSTITUTION. EACH CAMP IS ONLY INSISTING ON CLAUSES THAT SEEM TO FIX THE OTHER. IN THE END THE VALUE OF THE NEW CONSTITUTION IS TRAMPLED UPON. IF THESE GUYS WANT TO ABUSE GRZ MACHINERY, THEY CAN STILL DO IT. IN OR OUTSIDE OF CABINET.

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  24. In Nigeria, after President Buhari took oath of office in May 2015, his Cabinet was only appointed after more than six months !! In the interim the wheels of Government were managed by the Permanent Secretaries and Directors without much ado. Similarly in 2011, RB’s Cabinet vacated office after the dissolution of Parliament. In my view therefore, Cabinet stands dissolved until the next Parliament; in the meantime over to Dr Msiska and his team of Permanent Secretaries !!

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    • Which Constitution did RB use in 2011? Which Constitution are we using now? By the way the Justce Minister is Dr Ngosa Simbyakula, the former Dean of the School of Law at UNZA. Mwebantu please READ the Constitution.

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  25. Sometimes when you are a Coutry of noise makers you end up with Constitutions which have so many lacunas. This shows what we have become as a Nation. A Country of Mediocrity. Everything is Political. The Constitution is clear on the Vacation of Ministers from there positions. The Disolution of Parliament is not one of the Conditions . But as usual when we have blank NGOs who cannot read, Zambians who cannot understand between a Grade 12 and its equivalent, even something in Black and White cannot make sense.

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  26. ILYASHI LIKULU SANA.JUST LET THEM REMAIN IN OFFICES .AS FAR AS I KNOW THEY WILL BE JUDGED FOR ALL WHAT THEY DID FOR THE PAST 5 YEARS.

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