Newly appointed Attorney General Likando Kalaluka during the Swearing in Ceremony at State House on April 8,2015 -Picture by THOMAS NSAMA
Attorney General Likando Kalaluka
Attorney General Likando Kalaluka says the inauguration of the winning Presidential Candidate in the 2016 General Election will be done seven days after the declaration of results, if there is no petition.

Mr Kalaluka says this is pursuant to article 105 sub-article one and two of the amended constitution.

Meanwhile Mr Kalaluka says the sitting President would continue to serve pending the Presidential Election re-run if there is no clear cut winner.

Mr. Kalaluka says this follows the 50 percent plus one electoral threshold for the winning Presidential Candidate enshrined in the amended constitution.

He said the re-run is supposed to take place 37 days after the elections.

And Mr. Kalaluka says the Speaker of the National Assembly would be a caretaker if there is a Presidential Petition before the Constitutional Court disposable the case within 14 days.

He said the winning Presidential Candidate is also eligible to be sworn -in seven days after the disposal of the petition, if he is declared duly elected.

Mr. Kalaluka was speaking at a press briefing in Lusaka yesterday.

At the same function Mr. Kalaluka said the Attorney General Office concurs with President Edgar Lungu’s position to accept the judgment of the Constitution Court that Cabinet and Deputy Ministers must vacate office after the dissolution of parliament.

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31 COMMENTS

  1. Thanks….good info. I’m in the queue right now, eager to exercise my civic responsibility to vote!

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    • Likando Kalaluka uluswabisize luna bana ba Mbunga. Kanti wena singulumutwi tuwe kutezi mezi mwa sitoho seo? Taba ya maMinister ba Chakolwa ikupicukile cwani? Nemukozwi kacipembe ni Jemason nji? Luswabile kuli tuto ya hao kaufela ki ya kusinya.

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    • It will absolutely be a great day for the country when HH is inaugurated as the 7th President.
      This is the day all well meaning Zambians have been waiting for, today visionless Lungu & violent PF criminals are being booted out.
      Everything & everywhere else in the country, its Forward with HH. Forward UPND.
      Its time to Dununa Lungu in reverse & back to Chawama.
      The Skeleton Key
      ~206~
      Viva HH the incoming 7th President.

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    • Kalaluka DON’T TELL LIES!!!

      So “the sitting President would continue to serve pending the Presidential Election re-run if there is no clear cut winner”. WHILST “the Speaker of the National Assembly would be a caretaker if there is a Presidential Petition before the Constitutional Court disposable the case within 14 days.”

      IF THERE IS NO CLEAR CUT WINNER, HOW CAN THERE BE A SITTING PRESIDENT – THE POSITION IS VACANT BY THE MERE FACT THERE IS NO CLEARCUT WINNER – as such PRESIDENTIAL POWERS SHOULD REVERT TO SPEAKER!!

      “SITTING PRESIDENT” refers to one WHOSE TERM OF OFFICE HASN’T EXPIRED!!!!!!!!
      HIS TERM EXPIRES WHEN AS ENSHRINED IN THE CONSTITUTION – ELECTION EVE – IS HIS LAST DAY IN POWER!!!!!
      THERE AFTER IT IS THE SPEAKER WHO TAKES THE REINS TILL A WINNER IS ANNOUNCED!!!

      STOP…

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    • ….STOP PEDDLING HOGWASH THAT SPEAKER ONLY TAKES OVER IF THERE IS A PETITION!!!!!
      Chagwa CEASED BEING PRESIDENT LAST NIGHT AT MIDNIGHT!!!! SPEAKER HAS TAKEN OVER INSTRUMENTS OF POWER!!!

      This is the same HORSE-CRA.P CHAGWA USED, TO KEEP HIS THIEVING EX-MINISTERS IN OFFICE!!!!
      IF THE CONSTITUTION HAD MEANT FOR PRESIDENT TO REMAIN IN OFFICE FOR “FIVE YEARS + 37 days”, IT WOULD HAVE SAID SO IN NO UNCERTAIN TERMS!!!!!!

      TODAY IS THE DAY TO KICK OUT THIEVES, MURDERERS, and THE TRAITOR THAT HAS BROUGHT IN “IDI AMIN DADA’s KILLING BOYS” – WHO WANT TO TURN ZAMBIA’S RIVERS INTO RIVERS OF BLOOD!!!

      VOTE WISELY TODAY!!!!

      TODAY GIVE YOUR CHILDREN & GRAND CHILDREN A CHANCE TO SURVIVE IN THIS BEAUTIFUL COUNTRY!!!

      GIVE YOUR CHILDREN A CHANCE TO RUN ABOUT…

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    • …….TO RUN ABOUT FREELY WITHOUT FEAR OF BEING MOWED DOWN WITH BULLETS, BY THE ONE PERSON WHO HAS TAKEN THE ULTIMATE OATH TO PROTECT THEM & EACH & EVERY ZAMBIAN!!!

      TODAY, EACH & EVERYONE OF US, SHOULD VOTE TO OPEN A NEW PAGE ON THIS BEAUTIFUL COUNTRY!!!

      TODAY, LETS ENSURE WE WAKE UP TO A NEW DAWN TOMORROW, Where BLACKOUTS WILL BE A THING OF THE PAST, UNEMPLOYMENT WILL SEE IT’S LOWEST LEVELS!!

      VOTE UPND, A PARTY THAT WILL UNITE, LEAD DEVELOPMENT & GIVE HOPE TO MILLIONS OF ZAMBIANS SO THAT WE CAN AGAIN WALK WITH OUR HEADS HIGH!!!!!!!

      #CHAGWAMUSTFALL!!!! #PamaFIKUYABEBELE!!

      I THANK YOU & WISH YOU ALL A PEACEFUL NEW DAWN!!!!

      COMMENCE “OPERATION WATER MELON!!!”

      ZAMBIA FORWARD!!!!!!!!!!!!!

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    • @Katondo Boys, the Speaker only comes in if there is a petition. Read article 104 (4). Relax and base your arguments on facts.

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    • Why all these? Is Kalakuka scared of losing job? Kalaluka just go vote, we can’t risky to have Matibini to act as president, so many dull PF appointees.
      There will be no re-run.

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    • I have always stated this constitution is seriously hollow! I have been advocating for the British, Israeli, Japanese or close2home South African political systems. But why wrongly adopt the American political system? Wrongly cos even American system (of running mate) uses simple majority. In Britain/SA u vote for a party which in turn cheaply present u with a ruler. Now in this running or crawling mate system are u so sure both the President & Vice can never naturally die or leave office within one term? Look at it: Presdo dies, Vice assumes Offfice & appoints his Vice. Suppose the successors also die who will appoint who? Useless system. In SA & UK Mbeki, Blair & Cameron were replaced with Montlante, G Brown & Theresa May respectively without much ado.
      Are these ‘cheap’ political…

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    • Are these ‘cheap’ political systems not good enough? Are we saying Zambia is democratically more advanced than UK/SA? No! So why go the costly (re-run) way which even USA doesn’t use?

      “And Mr. Kalaluka says the Speaker of the National Assembly would be a caretaker if there is a Presidential Petition before the Constitutional Court disposable the case within 14 days”.
      I hope this useless constitution doesn’t assume a petition can only happen when one candidate is declared winner! Even when no one has out-rightly won any of the candidates (including the frontrunner by claiming victory) may petition the results. So is 14 days within 37 days period or added to 37 days to make it 51 days. Somebody clarify this cos if within 37 days it leaves only 23 days for campaigns & election…

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    • I hope this useless constitution doesn’t assume a petition can only happen when one candidate is declared winner! Even when no one has out-rightly won any of the candidates (including the frontrunner by claiming victory) may petition the results. So is the 14 days within the 37 days period or added to the 37 days to make it 51 days. Somebody clarify this cos if within 37 days it leaves only 23 days for campaigns & election materials logistics-ballot reprints, inspections & delivery.

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    • Mjb, did you see HH’s house?? can you compare to Lungu?? talk sense than with no facts. HH has a better home than all PF ministers including Lungu. they are losing will see how they finish.. wait baba.. time to dununa..

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    • Don’t worry @ Benson things are changing forward for the best ?. The Tsunami is too big & change is surely inevitable that HH shall be victorious in today’s election.
      The Skeleton Key
      ~206~
      ? Forward.

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  2. Kalaluka DON’T TELL LIES!!!

    So “the sitting President would continue to serve pending the Presidential Election re-run if there is no clear cut winner”. WHILST “the Speaker of the National Assembly would be a caretaker if there is a Presidential Petition before the Constitutional Court disposable the case within 14 days.”

    IF THERE IS NO CLEAR CUT WINNER, HOW CAN THERE BE A SITTING PRESIDENT – THE POSITION IS VACANT BY THE MERE FACT THERE IS NO CLEARCUT WINNER – as such PRESIDENTIAL POWERS SHOULD REVERT TO SPEAKER!!

    “SITTING PRESIDENT” refers to one WHOSE TERM OF OFFICE HASN’T EXPIRED!!!!!!!!
    HIS TERM EXPIRES WHEN AS ENSHRINED IN THE CONSTITUTION – ELECTION EVE – IS HIS LAST DAY IN POWER!!!!!
    THERE AFTER IT IS THE SPEAKER WHO TAKES THE REINS TILL A WINNER IS…

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  3. …..WINNER IS ANNOUNCED!!!

    STOP PEDDLING HOGWASH THAT SPEAKER ONLY TAKES OVER IF THERE IS A PETITION!!!!!
    Chagwa CEASED BEING PRESIDENT LAST NIGHT AT MIDNIGHT!!!! SPEAKER HAS TAKEN OVER INSTRUMENTS OF POWER!!!

    This is the same HORSE-CRA.P CHAGWA USED, TO KEEP HIS THIEVING EX-MINISTERS IN OFFICE!!!!
    IF THE CONSTITUTION HAD MEANT FOR PRESIDENT TO REMAIN IN OFFICE FOR “FIVE YEARS + 37 days”, IT WOULD HAVE SAID SO IN NO UNCERTAIN TERMS!!!!!!

    TODAY IS THE DAY TO KICK OUT THIEVES, MURDERERS, and THE TRAITOR THAT HAS BROUGHT IN “IDI AMIN DADA’s KILLING BOYS” – WHO WANT TO TURN ZAMBIA’S RIVERS INTO RIVERS OF BLOOD!!!

    VOTE WISELY TODAY!!!!

    TODAY GIVE YOUR CHILDREN & GRAND CHILDREN A CHANCE TO SURVIVE IN THIS BEAUTIFUL COUNTRY!!!

    GIVE YOUR CHILDREN A CHANCE TO RUN ABOUT…

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  4. …….TO RUN ABOUT FREELY WITHOUT FEAR OF BEING MOWED DOWN WITH BULLETS, BY THE ONE PERSON WHO HAS TAKEN THE ULTIMATE OATH TO PROTECT THEM & EACH & EVERY ZAMBIAN!!!

    TODAY, EACH & EVERYONE OF US, SHOULD VOTE TO OPEN A NEW PAGE ON THIS BEAUTIFUL COUNTRY!!!

    TODAY, LETS ENSURE WE WAKE UP TO A NEW DAWN TOMORROW, Where BLACKOUTS WILL BE A THING OF THE PAST, UNEMPLOYMENT WILL SEE IT’S LOWEST LEVELS!!

    VOTE UPND, A PARTY THAT WILL UNITE, LEAD DEVELOPMENT & GIVE HOPE TO MILLIONS OF ZAMBIANS SO THAT WE CAN AGAIN WALK WITH OUR HEADS HIGH!!!!!!!

    #CHAGWAMUSTFALL!!!! #PamaFIKUYABEBELE!!

    I THANK YOU & WISH YOU ALL A PEACEFUL NEW DAWN!!!!

    COMMENCE “OPERATION WATER MELON!!!”

    ZAMBIA FORWARD!!!!!!!!!!!!!

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  5. Fake names go back home and ask your parents your real names if at all you got any parents in zambia. Too much fake names that’s why you can’t contribute real issues but insults. Get a life this is not a movie act.

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  6. WHAT A SHAME! BLUNDER AFTER BLUDDER, WHEN WILL THESE PF APPOINTEE LEARN TO LEARN THE OBVIOUS! IF THEY CANNOT INTERPRET CORRECTLY WHAT IS WRITTEN THEN IAM 100% SURE THAT COMMON SENSE IS A VERY RARE VIRTUE IN THEM. BEST WISHES.

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  7. @Katondo Boys, please read the Constitution on when the President vacates office. The Constitution provides that:
    106. (1) The term of office for a President is five years which shall run concurrently with the term of Parliament, except that the term of office of President shall expire when the President-elect
    assumes office in accordance with Article 105. (2) A President shall hold office from the date the President-elect is sworn into office and ending on the date the next President-elect is sworn into office.

    The AG is in order to give this guidance.

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  8. It looks like the Attorney General is part of the problem and is causing confusion. He should clearly tell the Nation when Lungu’s term ended and in the interim and until a new President is sworn in who is in charge? Should there be a Run Off who will preside over the reigns of the state? We need clarity on this becoz it can cause confusion.

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  9. Wapya muzi. Five hours to go. Do we still have long queues there where you are? Update us especially in Lusaka and CB. Are coping well with the RV

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  10. THIS IS WHERE I DOUBT THE BEHAVIOUR OF THE LAWYERS. HE WANTS US BELIEVE THAT LUNGU WANTED MINISTERS AND DEPUTIES TO VACATE THEIR OFFICES. HOW DOES HE CONCUR WITH LUNGU WHEN THE CONCOURT HAS NULLIFIED WHAT LUNGU WAS DOING. IN SHORT THIS LOZI CHAP SHOULD CONCUR WITH WHAT THE CONCOURT HAS SAID NOT LUNGU AS HE PUT IT.

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  11. …….TO RUN ABOUT FREELY WITHOUT FEAR OF BEING MOWED DOWN WITH BULLETS, BY THE ONE PERSON WHO HAS TAKEN THE ULTIMATE OATH TO PROTECT THEM & EACH & EVERY ZAMBIAN!!!

    TODAY, EACH & EVERYONE OF US, SHOULD VOTE TO OPEN A NEW PAGE ON THIS BEAUTIFUL COUNTRY!!!

    TODAY, LETS ENSURE WE WAKE UP TO A NEW DAWN TOMORROW, Where BLACKOUTS WILL BE A THING OF THE PAST, UNEMPLOYMENT WILL SEE IT’S LOWEST LEVELS!!

    VOTE PF, A PARTY THAT WILL UNITE, LEAD DEVELOPMENT & GIVE HOPE TO MILLIONS OF ZAMBIANS SO THAT WE CAN AGAIN WALK WITH OUR HEADS HIGH!!

    I THANK YOU & WISH YOU ALL A PEACEFUL NEW DAWN!!!!

    COMMENCE “OPERATION WATER MELON!!!”

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  12. People of Zambia let’s fore ahead and vote again for the part PF !!! which everyone with clere vievs are ble to see what is doing for republican people of zambia.It is happening on the ground and more development is coming in Zambia.

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  13. The only major difference between this election and the election of 1991 that ushered in the Chiluba government is that, while Kaunda managed to educate the majority of Zambians, the subsequent governments neglected education and thus the proportions of the un educated who lack critical analysis compared to the enlightened ones are much larger than they were in 1991. With this kind of Mediocrity, Kaunda would still be president.

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  14. Too True ba Observer Observer.
    We have descended to unprecedented levels of Mediocrity where even trained lawyers cannot even read the constitution which they drafted, where MP’s score own goals by passing into law stuff they have not read let alone understood.

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  15. i am suppressed by your aggressiveness you UPND supporters has shown.some of you are ignorant to see things the way they are.With your false hope of a re-run and to top it with insult you are express which is un zambian by the way.iam sure just like you lost the 11 august election,it will be the same thing you will lose this time and with embarrassment.grow up dont be childish.talk things based on fact.you guys you will never be a president.DON’T BE STUPID.

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