Open Letter from Godfrey Miyanda to President Lungu demanding for Justice

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Godfrey Miyanda with Wife
Godfrey Miyanda

OPEN LETTER TO PRESIDENT EDGAR CHAGWA LUNGU – MY DEMAND FOR JUSTICE!

[Brig Gen Godfrey Miyanda – 20th May 2016]

On or about 24th January 2015 President Edgar Lungu took the Oath of President on the Bible to uphold, protect and defend the Constitution. For this reason I revert to him, as the Fountain of Justice, to demand justice in the Constitutional Court. Lest I be misunderstood I am NOT asking the President to interfere with or to give the Honourable Judges of the Constitutional Court directives concerning their work – Oh no, no, no! I believe that they are professionals and can execute their sworn duties if left alone to do that. I am referring to the inertia of the Government and the President’s failure to ensure that the Constitutional Court is actually operationalized.

On 11th April 2016 I filed a petition in the Constitutional Court and served it on the Attorney General, who is the Government’s principle legal advisor. On 11th May 2016 the Vice President declared in the National Assembly that the Referendum will go ahead as scheduled on 11th August 2016. On 13th May 2016 the President also declared that the Referendum will go ahead as scheduled. On 17th May 2016 ZNBC news reported that the Electoral Commission of Zambia had NOT yet formulated the question for the Referendum yet the President made the decision to hold the combined Referendum last year in 2015!

I rarely discuss cases that are before the courts but I am now concerned about the Government ignoring the Petition to which they are a party; the President and his Vice must surely know or ought to know of the petition that is before the Constitutional. I am compelled to conclude that Government is intimidating and warning the Judges whom he appointed to rule in their favour. I demand justice. I have tried as a law abiding citizen to use avenues available to raise my concerns. On 1st December 2015 I petitioned the National Assembly, following a lapse in the 2nd Reading stages of N.A.B. 16 and N.A.B. 17 of 2016; I got no response. On 16th December 2015 I petitioned the President directly, essentially urging him to use the discretionary power for assent to carefully and diligently scrutinize the two Acts that were to be conveyed to him from the National Assembly as I had noted a number of provisions that required the President’s further scrutiny. Again I got no response from the President.

On 13th May 2016 I filed a Certificate of Urgency and I have been waiting patiently but nothing has moved. My petition is raising serious constitutional matters and must be heard in a timely manner. Some highlights of issues in my Petition include:

a. Challenging the holding of the scheduled Referendum alongside the General Elections on 11th August 2016, which is inconsistent with the Constitution and the Referendum Act CAP 14 as amended.

b. Challenging the lie in the amended Constitution that “We the people of Zambia had adopted the said Constitution” when not so!

c. Some parts of Part Three of the Constitution (the Bill of Rights) have ALREADY been amended without holding a Referendum, which is a breach of Article 79 (3).

d. Changing the character of the Zambian nation and state of Zambia without the sanction of the people of Zambia via a Referendum.

e. Placing a fetter on access to media via an amendment that has added a superfluous and restrictive phrase.

f. Granting an unfettered power to the President to alienate ALL land in Zambia as he pleases, when he has no jurisdiction over traditional land. Etc, etc, etc.

On 5th January 2016 the President assented to the two Acts with great fanfare and at great public cost without any amendment. This was the beginning of the journey to the destination called “Standing the Test of Time”. But since 5th January 2016 the time has not stood still except for my cry for justice which has stood still from 11th April 2016 when I filed my Petition.

There is no justification for this unconscionable delay to operationalize the Constitutional Court, from the date of Assent over four months ago; I smell a rat. The judges are there; the court rooms can be found as was done for the Chikopa scandal and the Mutembo Nchito tribunal. Today the President has declared at the Heroes Stadium that the Referendum will go ahead on 11th August 2016 and advised his PF cadres to vote yes for the Referendum question. I demand justice by way of operationalizing the Constitutional Court forthwith and refraining from pre-empting the judgement of the Constitutional Court.

GODFREY MIYANDA,
BRIGADIER GENERAL,
PETITIONER – IN – PERSON
[21ST MAY 2016]

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33 COMMENTS

    • Another piece of news not worthy the paper it is written on

      Gen Miyanda, we know your values and relevance than until 12 August and then you will disappear and return back in 2021 and rinse and re[eat

      I take nothing away from your comments often, but you are an enigma, who believes in a lot but is clearly a 2 months pre election pony.

      We both know you are better than that, support either UPND and or PF, the rest as good as your contribution suggests you are embracing democracy- you are pretty much have becomes worthless to us the spectators

      Thanks

      BB2014

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    • Ba General, you belong to the trenches…..not this morden society!! Kanshi finshi mufwaya ba Mudala??

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    • @ Nostradamus…It’s unfair to expect too much from a drunk individual, anywhere on the planet

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    • Dear Miyanda, we appreciate the time you have been taking to analyze the Dochi Kubeba type of governance. We are behind you 100% and agree with the issues you have raised above, this government is bent on not following the law, when it suits them.

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  1. Thank you Brig General Miyanda for your consistency on legal matters and helping the country on matters of ignorance.

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    • The issue of the more than 60 or so called ministers begs for an answer from the constitutional court as well. This court I can assure you will not be operational not even after the August, 2016 General election because of the likely outcome of the elections. Iwe Ka Mushota you are not thinking any more…..Ba General is putting across a lot of sense and you are busy saying something useless. You are missing the point because you are a cadre…….What a F00L!!!

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  2. This is what it means to speak for the poorest of the poor. May God grant you mercy and wisdom and incline unto His ear. May He preserve and keep your soul that no evil you may suffer.

    Fred

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  3. I SUPPORT THE GENERAL ON THIS ONE. HE IS VERY RIGHT. WE NEED A COUNTRY OF LAWS AND NOT OF MEN. THE PRESIDENT’S BEHAVIOUR IS VERY UNBECOMING. HIS PERSONAL POSITION SHOULDN’T BE CONSIDERED TO BE THE LEGAL ON CONSTITUTIONAL POSITION. HE IS NOT THE LAW. UNFORTUNATELY OUR JUDGES DANCE TO THE TUNE OF A SITTING PRESIDENT, WHICH SHOULDN’T BE THE CASE. FIGHTERS ON, GENERAL, FOR THE OUR NATION.

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  4. It is clear that Edgar and company want to use or rather abuse their positions to do only that which suits them. The General has spoken and has spoken the truth. Zambians..wake up. We are headed towards dictatorship where the constitution will be changed to give one individual powers to do as he pleases. Let us stop this action by voting out these dishonest group of visionless politicians. God is watching and I pray that He opens our eyes to see through the deceit, hatred, greed that drives these people. Zambia shall be saved in Jesus’s name

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  5. The Generals observations are right.Indeed we can all smell the rat.However I will only disagree on the part concerning operationalization the Constitutional Court.The court is filled up with ECL cadres like Mugeni Mulenga.
    Infact the Supreme Court has also been contaminated with corrupt RB judges like Nigel Mutuna and Kajimanga.The supreme court now has 16 judges which is unprecedented in Zambian legal history.All was done to ensure outcomes that will be in ECL’s favour.
    The Generals well intended legal submissions will just go to waste.We actually need a referendum to clean up the Judiciary which is rotten to the bone.

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  6. How can a President who claims to be a lawyer ignore such serious concerns raised by a citizen who has been up to the level of Vice President in Government? This is dangerous!

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  7. All individuals in Zambia should be subject to the Rule of Law and that includes ECL. I worry that the Judges on the constitutional court may be compromised hence their inertia. People need to have confidence in the Judicial system. I hope we will see action on issues raised by honourable Brig Gen Miyanda

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    • ECL is above the constitution and that is why his ministers are still in office against the constitution. Remember they did not like the clause in the original draft that ministers must come from outside parliament so that they remain in office even when parliament is dissolved? Ba Lungu please…..let these ministers of yours leave office just like yesterday for you own posterity!!!!!

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    • The point is in the issues that he raised and not the nomination fees. Why are you refusing to think? It is free to be a F00L bra. Take the offer!!!

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  8. How does the General always speak the truth, but opposition parties don’t even know the constitution? I forgot national assembly is made up of incompetent MPs from the opposition and the ruling party.

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  9. So the General wants an elected president to dance to his tune? He wants Zambia to stop and listen and obey each time he shouts a decree. Those things only happen in Heritage Party, General. No wonder your world has stood still. And by the way, is the Heritage Party (Village Concept) fielding any candidate for 11 August again, General? We didn’t hear about a Convention to elect the leader. Is it the General, I presume? Good luck, General.

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    • If ECL is an elected President then let him listen to the people…….No fake ministers……No Referendum together with the general election……….No Dubai ballot papers……no removing campaign posters for the opposition……No appointing a running mate who will be 81 years in five years time and hence no one to carry on with the PF programmes in 2021. Listen to Frank Bwalya, Mumbi Phiri, Kaiser and the likes is for the immediate and not for 2021. It is really sad to see the keeper of the constitution being the first one to break it. I love ECL but now I am getting worried everyday. This is our country and we must live together in harmony!!!!!

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  10. The General deserves a Doctorate from reputable University – Sure Dr General Miyanda not ama witch Drs

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  11. what does the general really want? where was he during the constitution making process?all that time and you only wake up at last minute!

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  12. Ba Miyanda iust knows how to pop in and out of oblivion. Even if we went to a referendum, ‘we the people’ will still not hold so long some dont vote and others say no.
    MPs represent people so y is parliament not adequate to execute his work.
    I think Miyanda is just a troubled soul living in an imaginary world

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  13. AS FAR AS POLITICS IS CONCERNED, GENERAL MIYANDA IS ONE OF THE MOST USELESS MAN IN ZAMBIA. HE MAY SAY THE RIGHT THING BUT ALWAYS WHEN THEIR SALE-BY-DATE HAS BEEN LONG OVERDUE AND THE PRODUCT IS DECOMPOSING. THE PROBLEM WITH THIS GENERAL IS THAT HE LOVES SLEEPING TOO MUCH SUCH THAT IT IS ALWAYS AT ELECTION TIME WHEN HIS WIFE WAKES UP, ATI, ‘BA SHI DOLI AMA ELECTIONS YAISA BUKENI MUYECITA REGISTER’ AND IT IS LIKE, ‘OK WHICH CHAP WON?’ WIFE: NI CAMPAIGN YAISA AGAIN BUKENI. BA GENERAL LOVES LISTENING TO HIS STALE NOISE.

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  14. I agree with you that the Constitutional Court is delaying to operationalise & you have right to complain. The rate at which the civil service operates need to improve, eg. GBM is suspected to have committed crime in Kitwe, Police failed to arrest him on the same day the docket was opened & did that in Ndola as if he is a fugitive when he is a public figure. However, petitioning the Constitutional Court before it becomes operational just because it has been constituted is playing to the gallery at its best? Just like on hearing that Saudi Arabia has pledged to supply cheap oil to Zambia does not entitle any motorist to go & petition any filling station to be sold the cheap oil before consignment is even loaded on to the ship. Why not wait for the Constitutional Court to operationalise…

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    • Why not wait for the Constitutional Court to operationalise before you petition. Your petitioning the president is mere advice, not mandatory to him, he may take it or not & doesn’t confer any right to you. Since you are a politician, why not fight constitutional issues at Parliament level using your MPs or draft level by submitting your proposals as an ordinary citizen & when you lose against many you respect the will of the majority driving the Constitution.

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  15. The General always reminds me of that troublesome uncle who’s always pitching up all the opportune times and you just have to put up with him because he’s your relation.

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  16. Ba PF cadre nimbwa sana! A wise head is trying to help you and your unborn children and you are busy insulting him imwe ba kolwe just because you are some how benefiting from the incompetent regime! Think of 50 years from now. Nomba imwe ba fi color ngamwanwa chibuku ninshi fyonse ni solved! Edgar is seriously abusing his powers nomba imwe ati iyo, I love edgar! Idi0ts.

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  17. Does Miyanda ever get tired? I remember during the commission to investigate the accident of Levy Mwanawasa, some of the general friends from the army among them General Kingsley Chinkuli who said the problem with Miyanda is that he is a loner. Surely, what is more relevant right now? people are tired of talking about the constitution every year in year out. Miyanda wants us to postpone the referendum to some year he is not sure of. For what? What is wrong with the referendum question? Why should we wait to hold the referendum? I thought president Lungu swore in the judges to constitute the Constitutional court? Doesnt Miyanda know this? Does he want a drum to be played that the constitutional court is presently being operationalized? Sometimes I think Miyanda is a time waster. Miyanda…

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  18. Here we go again. This man clearly has nothing to do with his time. What worries me is that poor Angela seems to allow him to waste time on things that will not bring bread and butter to the table. The man is a president of some two man party and here he is wasting time instead of campaigning. Comrade General Counsel, you have not told the populace if you have dissolved YOUR party or not. When will YOU ever support someones ideas and not always try to educate others on your thinking? Points to a very self-centered and selfish person. Do I want such a person to lead me, certainly not!

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