Lusaka High Court Judge Dominic Sichinga has ruled that people without Grade 12 certificate but possesses higher qualifications are eligible to stand in elections.
This is a matter in which a Lusaka resident Sibongile Zulu had applied to the Lusaka High Court seeking interpretation on the Grade 12 certificate clause.
In his judgement delivered yesterday afternoon, Justice Sichinga stated that even those that have gone to trade school but did not possess grade 12 certificates can still contest the 2016 election.
Justice Sichinga ruled, “I am quite satisfied that a tertiary certification by this definition is higher than a ‘secondary education’ which according to the Education Act “means education provided from grades eight to twelve.”
“In this context I accept the submissions highlighted by the learned Attorney-General that a qualification higher than secondary education or its equivalent renders a person eligible to context elective office under the impugned provisions of the constitution. In my view, a higher qualification includes any certification awarded by a tertiary institution or educational institution offering skills training,” part of the judgement read.
PF should have introspection about the way it wants to handle this election. All their strategies to stay in power will be dismantled by end of July. This will shock them. Those for them, even legal minds are intellectually and morally weaker than those against them.
AS LONG AS VERIFICATION OF THE PAPERS BE DONE IN ALL SERIOUSNESS AND HONESTY.
Though this clause is a people’s proposal and submission to the national constitutional review commissions through national wide conferences held, i have consistently opposed it as a bad clause because it is anathematic to democracy more that we are a nation where the uneducated are the most active political actors with the educated citizens being apathetic to the process.
However, this High court ruling can and should be challenged even by private citizens because the clause remains a aconstitutional matter. As such, it should be taken before and handled by the Constitutional Court per the enacted constitution. This ruling is a recipe for constitutional chaos that must be avoided at the hand of judicial activism.
Si in short a mechanic from Lusaka Trades qualifies whist a person who droped out of school say in Grade 11 does not.
You are so obsessed with PF. Even when wainyela wila ati PF is the cause. Yaba.
Sichinga has opened a Pandoras box because there are many colleges in Zambia now and the issue of verification of qualifications is now made more complicated and corrupt ….
Judge Dominic Sichinga instead of pouring water to quench the already simmering G12 fire he decides to pour petrol by ruling everyone with tertiary certificate qualifies to contest. So even a G7 who became Bush Mechanic through experience at home cos his father had a garage & therefore made money & decided to buy his/her way into a vocational institution & obtained practical certification cos in this Judge’s view its higher than G12? But most likely this G7 guy may not even read & write but can repair a BMW or Benz!
We are all cautious that in life we can never be equal. Therefore no one should be condemned to perpetual unemployment or hunger simply because they have no G12 certificate. Hence vocational certificates are merely given to anyone who has the ability to perform some tasks &…
Hence vocational certificates are merely given to anyone who has the ability to perform some tasks & has undergone some formal training. This allows everybody educated or uneducated to have a means of earning a living. But that does not necessarily equate every Jim & Jack to be a ‘G12 graduate’. Let Sichinga realize that in life there are “social stratas” & hence we have Cleaners, Artisans, Teachers, Lawyers etc. Even education wise there are ‘educational stratas’ i.e. certificates, diplomas, degrees, Masters & PHD holders. So if one desires to reach the pinnacle of educational life no one should bar them. All they need is to pass through genuine ‘social mobility’ from one level to another. Simply stated those with no G12 can still obtain it through night school, distance learning,…
Simply stated those with no G12 can still obtain it through night school, distance learning, evening classes just like girl children are now allowed to get back to school after dropping out due to pregnancies! We do not need a repeat of a UNIP stewart who repeatedly failed law class exams & failed to submit assignments & when confronted by UNZA Lecturers why he did not submit his assignments would just threateningly answer “Young man don’t you know I was attending to national issues with the President” simply because he was close to President Kaunda. The Lecturer would dare not ask further questions. Sometimes this man would submit answers to questions of his choice totally different from what the Lecturer assigned students to research on. If you know this man (MHSRIP) you can name him!
This makes sense and a ruling I totally agree with, I mean a vocational certificate should be worth something and often is worth even more than a G12 certificate. We don’t want excuses from politicians that want to jump camp over and over again because they don’t have a G12 certificate, unfortunately what might happen now is some will be forging their vocational certificates which might be an easier thing to do than the G12 cert.
2016 ECL nafuti
I also totally agree with the ruling. What should be done now is make sure that these high qualification are also verified but the issuing authorities just like the Examination Council is doing for Grade 12. This should not be a problem, though Teveta as an authority has issues in this area. Those who had their trades certificates and diplomas under ECZ am sure will not find it difficult and am also sure the universities will do the needful without problems so are the other institutions like ZIALE etc
Ok,I have a certiicate in capentry
The whole issue becomes even more murkier. How many tertiary institutions registered under the technical & vocational training act offer weird qualifications? Actually the question is, what was the G12 clause intended to achieve?
This is what happens when selfishness & greedy takes over morality.
Fully agree. Additional education does not make one competent. Look at our so called lawyer president – awa sure!! we all wonder where he got his degree because the PF is party of lawlessness
Excellent response
Grade 12 was intended to be the minimum qualification. Have you asked yourself what could be the maximum qualification?
Problem is..
All other certificates “other than G12” are easily forgeable or easily obtained even with attending classes. So, it is essentially back to square one.
In other words, there was even no need to put this requirement if other alternatives can be used.
For instance, today there are so many universities whereby if I had dropped out in G7; but now I am rich (millionaire) through criminal dealings, I can easily buy a degree certificate or even a PhD from any one of the small private universities around the world – just donate or give $50 000 to the university or the Chancellor; and I will have my Honorary PhD degree & thus, eligible to stand in Zambia.
However, I will not be surprised if Principals at Vocational Colleges, Trade Schools, Colleges, etc., & Chancellors &…
@Phantom Rascal
Your comments are indeed well informed. One can get what looks like a qualification from a tertiary institution without a grade 12 certificate. But we all know there are so many colleges and universities that are not accredited or internationally recognized but offer dubious qualifications. Hence the need for Zambians to exercise caution with this interpretation by the learned judge.
I totally agre, the judge has just opened a Pandora’s box this judgment should be contested and sent to the constitutional court, the constitution says Grade 12 or its equivalent. Let the judges clarify that equivalent. This judgment gives way to already mushroomed corruption now they will be certificates all over the show. Let’s face it , it doesn’t matter which party ones belongs to unlike what I’m seeing from UPND cadres suggesting get objective instead of burying your heads in the sand.
Stillmore Mwaliteta and GBM dont qualify !
GBM has certificate in milling.
Wamona Mulenga ‘MSata’. You should have been PF Mayoral candidate because olo pafe njovu UPND can never adopt you as Mayor Lusaka !!!
Actually what was missing was actually another clause compelling aspiring candidates to have their documents verified and certified as original and genuine. That way Matero Diploma Mill Inc. would be kept in check. As it stands now, all bets are off as Examinations Council cannot authenticate papers that are not theirs. We are back to mediocrity people. I cringe…
Stupidity at its best in the courts of law, this will make Dr Kambwili stand now
Source:
Lungu has failed us – Tembo
FORMER PF Eastern Province chairperson Mike Tembo says there is nothing new that President Edgar Lungu can do for the country because he has proved to be a failure.
And Tembo says it is unfortunate that some people who called president Michael Sata a mad man have joined a “mad man’s party”.
What is your problem?
Just like people who used to call HH and his party as under 5 have joined the under 5 party. The difference is same.
Fully agree with Tembo. If he was an intellectually capable president. He would understand that having a degree or G12 does not make one intelligent or capable of leadership. Even worse, we have a lot higher learned people who lack morality or can make proper decisions
BRG MIYANDA WARNED US ABOUT SIGNING THE CONSTITUTION WITH CLOSED EYES
Ok, everyone now can stand. Lets move forward. Lets put this upnd to shame & tears again. Then we can concentrate on implementing development projects!
This clause was formulated by mmd and Upnd to block one sata from contesting presidential elections. Now that sata shocked them with a forged degree from India they want to heap the blame on Pf.
That clause was being pushed by Rupiah and Dora MMD M and now they achieved it through and with Edgar Lungu. Lungu vowed not do away with clause to block.GYM. even yesterday, Kambwili was targeting GBM.
This sound progressive. I feel we should extend this to institutions of learning. If l have a master degree enrollment for PHD in Zambia they still want a credit in English? We are not helping ourselves. If credible universities in South Africa can allow what more the ones we have …
I think this judge has no grade 12 certificate. This is a very wrong judgment not based on the provisions of the amended constitution. He has just brought more complications and I hope some one will appeal this ruling for the sake of clarity. The constitution should not be made difficult to implement by drafters and courts of law that make constitutional judgments. Why do our judges fail to interpret the constitution in most cases. This is truly weird and it is common knowledge that their are people with tertiary certificates and yet never reached form 5 or grade 12 and some may even be grade 7s but still possess tertiary certificates so what level of tertiary certificates is this useless judge talking about.
Mwalasa Amai Lucy
For the first time I have every reason to agree with you Lucy. For what can stop a GBM without a Grade 12 certificate but with money to buy a tertiary certificate from one of these tertiary institutions that are not accredited and internationally recognized? There would still be need to determine whether these tertiary institutions without a back up grade 12 certificate are from accredited institutions. It is very possible to get some of these qualifications without even sitting in a class or lecture room.
Amai Lucy apo mwalasa without fear or favour. This is is very neutral assessment.
We have a lot to deal with in Zambia. Instead of making progressive laws, we make laws to fix those we perceive as our enemies sadly. This clause of grade 12 was made in bad faith and hence the lack of proper interpretation from those who claim to be learned. One thing for sure is that interpreting laws needs wisdom and understanding, it must never be bias because it can bring anarchy in the country if misinterpreted. It would have been clearly written besides the grade 12 clause what other qualifications will be considered. We simply need to categorically and specifically underline the requirement of those that we need to have as law makers (MPs). It is a pity that we are still malingering on this issue at this crucial time of the year!
Where is my comment, L.T.
Second posting missing, again! Why, L.T.?
I JUST SWALLOWED IT
Ifikopo all over Zambia are having a field day. We need to make 11th May a holiday; FIKOPO DAY with themes that discourage education and promotes danderheadness. lol
But we now need to say only degree holders from recognised universities should be allowed to stand not just a simple grade 12 it is insuficient for registration.
@Manager Education you have a good point but see just on this one there were so many brazen attempts at presenting FORGED ZAMBIAN Grade 12 certificates to the authority itself, the Examinations’ Council! Now imagine those big university names in the USA on a forged piece of paper so that a guy can contest elections and block progressive law making in Zambia for his/her own selfish ends… Just imagine! We are doomed.
We seem to be making a mockery of our own education system and standards. For me the moment someone attains a qualification higher than G12 despite them not being able, for one reason or the other, to produce a G12 certificate, the G12 requirement is overridden. I’m happy this ruling supports my line of thought. Well done High Court.
Spot on.
What a warped ruling by a Judge who clearly misunderstood the provisions for the need to have at the minimum a grade 12 certificate; at no time did the electorate say ‘GRADE 12 AND OR A TERTIARY QUALIFICATION THAT IS HIGHER THAN GRADE 12″ hence to red in words that are clearly ‘the views’ of the Judge is not only misguided but an appealed matter and it will be overturned. Second as this is a constitutional matter and we have a functioning constitutional court even if the judges are suspect, this judge should have referred the applicants to the CC….
The english is very clear in the constitution and what the judge has just rules matches that. I don’t know which constitution you have been reading, if its the Zambian one then you have misunderstood the english. Whoever wrote the clause was not sure of what they were actually saying or whom they were trying to restrict. Minimum simply mean the lowest, hence anybody with high qualification is even better. This is simple english and we did not need a judge to tell us, and you can appeal as many times as you like and the answer will be the same.
Government need to put in place access to education for all so as to allow them to attain a minimum which is stated in the constitution as failure to do this is denying Zambians their rights.
@ Evans, what you have put in capital letters still means “minimum Grade 12 cert.” I feel the judge is correct.
Yah this judge is issued isn’t he the same character who was once Solicitor General and he rendered legal opinions that where contrary to the position of the Attorney General? And didn’t he ‘mislead’ Dora as Minister on some Tenders and then later tried to show he had acted professionally by receiving instructions at her house and personally delivering the opinion to the Minister? Indeed, logic demands that one obtains a higher education upon receipt of certification of completion of secondary examinations. However, to introduce ‘his views’ not based on law, a statute, a case even from other jurisdictions, suggest a lazy judge and this ‘opinion’ cannot be law and should be appealed before the electorate are confused further…or did he again as judge get instructions from a house?
Poor judgement. Whats the link between Gender and Grade 12 requirement. Most of high court judges are mmembe’s boys
Guys calm down, the clause in the constitution didn’t need Judge Sichinga to tell us what it meant. Anybody that understands basic english would have come to the same conclusion and this can be taken to any appeal and the result will be the same. Come on we are better than this unless were are trying to show the world how dull we are.
Proof that Zambia is a failed country. How can on misguided Judge override a constitutional provision and re-legislate for the whole country in disrespect of our constitution? This Judge is a Mother Fuc.ker and must be forced out!! We dont want chaos in our country!! Idi.ot!!
You sound very misguided and seem not to be able to understand basic english used in the constitution. please quick the insulting, our country is in chaos with people like you.
Excellent Judgement. Even if one doesn’t have a G12 cert. or baptism cert. can surely concur with Judge Sichinga. Its a question of logic just like in tests of what comes first between an egg or chicken or New Year or Christmas? Before an institution of higher learning admits a student they seek prior learning equivalent to G12 certificate then admit or reject them & they know what they are doing. All ECZ need to do is to ask for exemption cert from candidates. Those who were alarming the nation out of proportion should be made accountable for their irresponsibility by Police. Surely this is waste of courts time to be interpreting the obvious.
This way of thinking is alarming, absolete and does not conform to the requirement of internationally accepted Continuous Professional Development (CPD). Grade 12 certificate is a passport but not a key to success or success itself by believing that those who missed G12 but with higher qualifications are inferior to G12 cert holders.
Which international accepted CPD’s are you talking about True Zambian, this is why we lag so much in Zambia with your thinking. You would not find a meaningless clause in a decent constitution sir.
NOTICE THE DARK CLOUD HANDING OVER THE HIGH COURT ?
Now who is going to verify all these diplomas and degrees from University of California?? You elect illiterates this is what you get…some MPs like Maesbo were even sleeping during debates, some drinking …really laughable!!
The so called Judge is fake and is a total embarrassment to the judiciary.Even my grade six daughter can interprete this clause of grade 12 and its equivalent.What is happening to our country were almost all people now are morally bankrupt and can side with political decision using tribal glasses.These days you can find a professor who can side with a bad law just because he is PF.
Minimum requirement or equivalent is what the constitution says, you are just embarrassing yourself.
Can the High Court make decisions on constitutional provisions? This does not appear to be the case from my reading of Article 128 of the Constitution. The judge should have referred this issue of the G12 certificate to the Constitutional Court immediately it was presented to him. The High Court has no power to interpret constitutional provisions.
…I have changed my mind on qualifications…..councillors and a Mayor must be local residents and holders of NRC…MPs and president must be residents in Zambia and carry NRC as the minimum qualification period….otherwise a further clause must be included where only those holding G12 Cert. or better must vote…we end up with G12 riffraffs because of allowing people who do not understand any governance issues to vote and are in the majority…how I wish non G12 cert. holders would boycott voting on their own….kaili they have been excluded in the constitution…..they don’t exist in the governance arena….
I think those who are busy crying to make grade 12 the only qualification for political office are lazy chaps who just want to be minister with an inferior qualification. Work hard and get a degree from a recognised institution or a professional qualification , you cannot grow an economy with just a simple grade 12 Zambian School Certificate , it is too inferior period.
I agree with the judge. Grade 12 or its equivalent is the minimum qualification. Those who don’t agree with the judge appeal to the Supreme Court and there after to the constitutional court.
They don’t agree simply because they have failed to understand the english language, this did not have to go to a high court judge to tell us what is very clear in our new constitution. The problem is that those involved aimed to stop a certain group enjoying the freedoms of Zambia to run for office.
Allow even Drivers license.I think its more superior to Grade 12.A bus driver carries bread winners every day to and from work.He exercises better judgement than a grade 12.
IS THAT ALL YOU HAVE ?
Personally, i feel betrayed by the Zambian that wants to render our Education system irrelevant. I think i am wasting money and time for my children to go through our cumbersome primary and secondary school education. Instead going straight for tertiary education is better. Watch out the things you do today will haunt us or our next generation.
@ 24.2 Kabudo
Grade 12 certificate is a passport but not a key to success or success itself by believing that those who missed G12 but with higher qualifications are inferior to G12 cert holders. Many people have passed through G12 but G12 hasn’t passed through them. People like late Steve Jobs, Bill Gates, Adolf Hittler, etc,dropped from High School but have accomplished what PhD holders, professors, G12 certificate holders will never do. That is the power of CPD.
100% agree with you hence why this clause in the constitution is a waste of time and we can do better than this but we allow people who have no direction to rule us and make the laws.
After dissolving Parliament all Ministers That were appointed on basis of being PMs must vacate cabinet offices with use of force and let The Permanent Secretaries Operate without Interference.
Don’t worry about interpretation of higher education qualifications. In Zambia there is now what we call the ZAMBIA QUALIFICATIONS AUTHORITY (ZAQA) which not only interprets but it also gives specific points to any qualifications including disqualifying them. We are moving forward.
AS A PRIVATE CITIZEN I FIND DE WHOLE ISSUE OF G12 BEING NOT FAIR 2 ZAMBIANS . PERSONALLY I HAVE A GCE ALTHOUGH DID IT THRU REWRITING BUT ATLIST , I DO QUALIFY 2 CONTEST IF , I SO WISH, BUT MY WORRY IS THOSE WITHOUT , BUT WITH BETTER LEADERSHIP SKILLS AND QUALITIES THAN DE SO CALLED G12s AND DEGREE HOLDERS. EG DR KD KAUNDA HAD AND HAS BETTER LEADERSHIP QUALITIES THAN 100 DEGREE HOLDERS COMBINED OR MORE.
SINCE THE LEARNED STILL INSIST AND ITS NOW LAW, IT WOULD HAD BEEN BETTER EVEN THE VOTERS 2 HAVE EQUALLY THE SAME QUALIFICATIONS. BECAUSE IT DOES NOT MAKE SENSE. ITS LIKE BEING TOLD 2 COOK4 SOMEONE WHO HAD ALREADY TOLD U IN ADVANCE THAT DESPITE U COOKING U WILL NOT BE ALLOWED 2 EAT THE SAME FOOD.
I HAVE A CERTIFICATE IN PROSTITUTION
This I believe to be a good interpretation of the law. Our problem is whether this will be properly understood by the stakeholders.
“This was a noval issue…” What is NOVAL? I assume this is a legal document so this should be an interesting word.
I have read this article without rendering my opinion but was just updating my self. But when I read comments from other readers it supprised me. To start with the judge made a mistake to pass ruling on this matter, he would havw reserved his ruling and refer the matter to the right court. Secondly most readers who are against the ruling are not doing them salves a favour, please do not let your opinion stop you to see the reality. When one say minimum qualificatiin, eg certicate in teatching , can those with diplamas disqualified if they wished to apply? No infact they should be encouraged. The judge just interpreted what is in the document the way it is (bad or good).it is how it is. This document has taken close to 10 years to come to reality and this is when you are offering your…
Any who has a higher qualification than G12, the Judge would have said at least the candidate should show evidence that he/she had reached grade 12 even if had not acquired the Full certificate.
I said it a million times before. Firstly there was no need for such a clause. Secondly, unfortunately it was passed anyway and it clearly states ‘minimum’. Was there a need, again, to have the clause interpreted by a court? Shouldn’t any right thinking reasonable member of the community have known what it meant – including the ECZ? What a waste of time debating non-issues.
Every job might require some form of qualifications, and working for people cannot be an exception. There are hundreds of thousands of Zambians with grade-equivalent certificates who are blocked by stalwart politicians from participating in politics. We must learn to understand things before we support them or not. A grade twelve might understand world affairs and contemporary issues to make decisions for Zambians better than someone who had never been informed on the same in school subjects.
As for the ruling from Judge Sichinga, I am just worried that people would come with bogus diplomas and degrees without grade 12 (ordinary levels) or advance levels background. I believe that any Zambian who attended an indisputable tertiary institution first had to pass the School Certificate of…
(d) has obtained, as a minimum academic qualification, a grade
twelve certificate or its equivalent; I must be in possession of my minimum academic qualification which is a grade 12 certificate or the equivalent of a grade 12 certificate. At any job interview, despite being in possession of MBA or MSC or any professional qualifications this is demanded for. Will this precedence, imply that job seekers will no longer be required to present their certified grade 12 certificates to would be employers.
100. (1) A person qualifies to be nominated as a candidate
for election as President if that person—
(c) is at least thirty-five years old; if I have never been in possession of an NRC and somehow managed to be in possession of a driver’s licence and passport, and 80 years old according…
Let us assume the constitution stated that the minimum qualification was a full grade 7 certificate, would people with a grade 12 certificate but with no grade 7 certificate qualify? I think the judge was spot on. All that we need now is a qualifications body responsible for verifying all qualifications obtained from accredited institutions.
@ wise one,
To go to grade 12 you should have passed your grade 7 and Grade 9. Then tertiary education. How do you obtain tertiary education by skipping grade 12. Each qualification academic or professional has minimum entry requirements, if one met such requirements their should no problem presenting the minimum requirements for entry for tertiary education one claims to have attained.
This is probably one of the dumbest judges to ever preside over a Zambian high court. Those British weaves they wear strangle their medulla.
The clause was not included on the new constitution by ECL but it came from we Zambian’s. Now we must blame ourselves for including sensitive things in the constitution when we know very well that this will bring us problems tomorrow.
Please osafulumila kutukwana koma kumvetsa, kuona, nakuthandizila mwa mtendele.
Here is my take on this whole fiasco. Why should we be paying a person who lacks skills and education in any sector because its a waste of time, money and space? We need politicians who can make informed decisions which comes from getting an education and the reason they lack understanding in the positions the are in. Most lack simply morals and values and don’t add or bring anything to their sectors. A simple example is the nurse turned minister Jean Kapata and the other was Sichinga. This is a recipe for disaster they both lack knowledge and experience in the positions given and a perfect example of why the economy is bad. Question we need to ask ourselves is would we hire a person with a grade 12 in 2016 when we live in a globalized world that is forever changing? Would we hire…
Would we hire someone with a grade 12 certificate of 40-50 years ago to be an engineer constructing bridges we cross under or over every day? These are things we need to be weary of before handing important roles to people with no skills or expertise in these fields. If people want to be politicians or want PhD degrees they need higher education and actually complete it. In order to manage something, one needs a clear understanding of how it works and those ministerial jobs require a grade 12 and bachelor or master’s degree and go hand in hand. This is why Zambia is in the situation it is due to poor leadership, no vision and being run by the blind. No short cuts and no easy way to get to the sweet stuff!
The Dunderheads win again! Judge Chikopa should have been allowed to finish his assignment. Mwaona manje.
Regarding the interpretation of grade 12 clause being the preserve of the Constitutional Court and not the High Court. The High court has the right to interpret the law Including that of the constitution. Taking such cases direct to the Constitutional Court might leave no room for appeal for those not agreeing with the ruling.
This interpretation of Grade 12 Clause now affects only GBM who doesn’t have any other higher paper apart from Grade 7 certificate!!!!
The high court has exceed its jurisdiction to handle the matter relating to the interpretation of the constitution according to Article 1 (5) of the constitution of Zambia as amended. The jurisdiction to hear a matter in relation to the constitution relies with the Constitutional Court and in my view the action of the High Court is ultrvires and I will it will be over turned on appeal.