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Tuesday, August 11, 2020

Presidential Petition has been Filed, Lungu Must Step Aside – Nevers Mumba

General News Presidential Petition has been Filed, Lungu Must Step Aside - Nevers...

GBM and Nevers Mumba in Musangu, Mwense
GBM and Nevers Mumba in Musangu, Mwense

MMD President Dr. Nevers Mumba has said that now that the Presidential Petition has been successfully filed in, the law which President Lungu he has been violating with impunity has finally caught up with him as he now has no choice but to step aside. The Presidential Petition against his election was filed in at the Constitutional Court late this afternoon, Friday 19 August, 2016.

This is in line with the constitution provision, section 105(2)(a) “…the President-elect shall be sworn into office on the Tuesday following- the seventh day after the date of the declaration of the presidential election results, IF NO PETITION HAS BEEN FILED in accordance with article 103.” In this case, the President- elect would have been sworn in on Tuesday 23rd August if there was no petition in place.

During the PF thanksgiving rally on Tuesday 16th August 2016, President Lungu casually said, (quote) ” some people have decided to petition the election, so we will have to wait a little longer. The inauguration will therefore be delayed until they have their day in court.” (End of quote)

The correct status therefore is that now that the petition has been filed, it immediately triggers article 104(3) which states that “…where an election petition is filed against the incumbent, under article 103(1), or an election is nullified, under article 103(3), the Speaker shall assume Executive Powers until the bona-fide president-elect assumes office….”

In regards to the concerns being raised by many Zambians as to why Cabinet office has proceeded to prepare for the inauguration on Tuesday, it is worth noting, that the government system cannot be suspended without a legal instrument, in this case the petition. As the Opposition Alliance, we now announce that the petition to challenge the results of the last election is now before the Constitutional Court and it is expected that the law will now be followed strictly. The Speaker shall assume Executive Powers as interim president until the petition is disposed of.

In the meantime, there are some overzealous PF members that wish to mislead the nation by suggesting that the president-elect can only be petitioned on the second ballot. This is a misguided position meant to confuse Zambians, which does not align itself with the spirit of the new constitution. Those who were part of the last Constitutional Commission understand that one of the heavily debated reasons for amending the constitution was to create a level justice platform for both the petitioner and the petitioned instead of the previous system where the petitioned president was sworn-in within days of the election and no time-frame stipulated within which the petition was to be heard and decided upon. Some petitions lasted over 3 years thereby rendering them meaningless.

By having the speaker act as president, this now allows the justice system to operate without undue influence or advantage from the one occupying State House. We strongly urge the PF leadership to carefully study the Amended Constitution to avoid being embarrassed as they have been in the recent past.

Dr. Mumba, who was speaking on behalf of the Opposition Alliance, has commended the hardworking legal team that has been working tirelessly on this petition in the last few days, for a job well done. He also commended Zambians for demanding that they now wished to be governed by the rule of law under a progressive constitution.

78 COMMENTS

    • Nevers Mumba, Guy Scott and GMvM make me sick. Also ka Sylvia and Mulenga. Not forgetting Rainbow’s own Mushota.

      Shame on all of them

    • Protruding ignorance and dreams takes over UPND extended mourning period. Brought In Dead.Next news item please before I quit blogging with mission accomplished. The country has a working administration with a 5 year ruling mandate. Time to get back to creating opportunities for the people.

    • There he goes again, worthless tin, making the loudest noise. There is simply no end to this disgraced pastors foolishness.

    • Kikikikikikikiki,yaba! So now the UPND are relying on a constitution they said was rubbish? Today it has become good ka? Ba UP N Down party kuwayawayafye!

    • Stop calling Nevers Mumba Dr. This chap is the dullest politician who has ever lived in Zambian politics. How can such dull people hope to be become leaders of Zambia when they fail to interpret straight forward Articles in the Constitution? What a shame!

    • All they got are their shriveled Balls and Egos, no dignity!

      Shame ba Mumba, you would rather plunge Zambia into chaos than find something constructive to do with your miserable life.

      Exactly what did you mean when you were farting through your mouth ati Zambia shall be saved?

    • Lungu must respect the constitution. Why are the police, army, and OP all kneeing down to this one person like he is god. Please Judiciary, police, army, and OP you task is to protect Zambia. Zambian constitution, and Zambian not Lungu. Let him prepare for jail time. He should even start buying enough Jameson because he will need it in jail. We cannot allow one man to destroy the whole nation and we are watching. Lungu please step aside otherwise these people ill advising you will land you in big problems – your road to jail will be faster if you continue your illegal hold to power.

    • @Nonio:
      Dr Mumba is a great and intelligent leader! You must stop thinking with jaundiced eyes and vexed pus.ssy! Id.iot!

  1. NOW THE BATTLE LINES ARE DRAWN, MAY GOD SAVE THE PEOPLE OF ZAMBIA! DURING THE WARS LET IT BE KNOWN THAT CADRES WILL BE EXCHANGING REGALIA, SO WATCH OUT -YOUR NEIGHBOUR CAN BE YOUR WORST ENEMY.

  2. Let the battles be in the Courts and not on the streets. We would do well to respectfully live in whatever harmony we can muster while we work at developing our country.

  3. Ba Mumba, you still want to be breathing the air GBM passes from the bottom. You cant live your own life. You are a parasite. Wait this will be over soon

  4. HOW I COULD’VE WISHED, IF IT WERE POSSIBLE FOR LUNGU AND HH TO DIALOGUE. ONCE A WINNER HAS BEEN DECLARED, BANE, WE MOVE ON. ITS LIKE MAKING A CHOICE BETWEEN TWO WOMEN. THEY OUTDO EACH OTHER BEFORE THE MAN MAKES A CHOICE WHO TO MARRY. ONCE THE CHOICE IS MADE, ACCEPT AND MOVE ON, THE ONE NOT CHOSEN CANNOT INSIST, “IT WAS SUPPOSED TO BE ME”. IN THIS CASE OUR LEADERS MUST ACCEPT AND WORK TOGETHER FOR THE GOOD OF MOTHER ZAMBIA.

  5. Test your own bitter medicine you lousy pf cadres who where looking forward to have a nice time on tax payers’s money after the inauguration ! meantime your schemes of cheating Zambians on reduced load shedding which lied to the nation during campaigns and now back will be more bitter in the event the courts rules for a rerun because then Zambians will have realized you cheated them and will surely think twice and send you to your vision less ntembas . we will wait for god’s providence to gear the judges with integrity !

  6. Pastor Mumba, You needed to meditate and Listen to God, God does not Change, Today , Tomorrow and for evermore, Remember What Dr , Bishop Messer Hothabil said when he come to Zambia when You Pastor Mumba was Vice President and I quot “ I HOPED HE WAS RIGHT“ meaning You Pastor Mumba taking a correct/ wrong step by jointing Politics, Look at how many people looked up to you in how o what if. remember the love of money or power angry what it can do to the poor zambians. I HOPE YOU PASTOR MUMBA HAS TAKEN A RIGHT DECISION AS A MAN OF GOD.
    MAY GOD SPEAK TO YOU AS YOU SLEEP NIGHT.
    GOD WILL NEVER FORSAKE ZAMBIA & ZAMBIAN

    GOD BLESS ZAMBIA

    • Aaron. I can’t agree with you more. Pastor Mumba is in the forefront antagonizing the same flock he is supposed to bring to the knowledge of God. From his submission he is a very angry person at Edgar Lingu who happens to be the person pastor Mumba should be praying for and asking God for protection of the leadership. Honestly I have completely failed to understand what has come upon Pastor Mumba. Zambia shall be Saved has now become Zambia shall be Destroyed. God have mercy and may the Holy Spirit visit Paator Mumba once more

    • @AARONio: Dr Mumba as a Christian cannot tolerate impunity. Lungu has committed so may atrocities and if left alone will become an even more grave danger to our country! The id.iot is NOT a leader that our country can afford Zambians can have – someone who can override the rule of law.
      Next time his caders will be ransacking our homes when Lungu fails to pay their salaries. Enjoy the load shedding you id.iot, mother fuc.ker!

  7. Name calling will not help us in this matter, the best of all is dialogue between the two front runners. the best is how do we unit the country after election. I stand to be collected according to the UPND they have enough evidence that elections were not free and fair. The PF is also confident that they won a clean game. My question is will the verdict stop violence? The answer is no. which the court verdict give confidence to our investors? The answer is no. Zambian Please let our leaders come to a round table for the sake of our mother Zambia. You are leaders because of us the people remember that always because you act. ECL & HH please remember people who are beaten in compounds because of supporting political parties. Blood is shed because of you our leaders. who are you going to…

    • This explains why ECL did not make a good lawyer,he cannot even correctly interpret the constituition he signed into law.This is the man ba PF want to rule for another 5yrs,zambia will takeover Zimbabwe.

  8. Nevers Mumba please spare yourself the little dignity that you still have by reserving such antics to cadres. This is not befitting of a man of God. You have failed your own party MMD by your dismal leadership. Whilst asking your friend to step aside, consider doing the same. Currently you are a liability to both your political party and The Church.

    • @Czarnio:
      Dr Mumba as a leader always leads from the front. This is the time we need him up in front NOT for him to take a back seat. He was leading in front in the campaigns, so why do you want him to stay behind when we want him to lead us?
      Lungu is GOING – the id.iot thinks Zambians are docile, NOT any more!

  9. you are all idoits. you think that there will be a re-run no . just wait on Monday things will be in favour of LUNGU. THEY JUST DONE GOOD THING TO START EARLIER SO THAT ON TUESDAY LUNGU IS THE PRESIDENT. NOW WE SHALL SEE WHAT MUMBA IS GOING TO DO OVER THAT. ALL UPND LATER YOU WILL IN MUTE.

  10. Ba Mumba you the last person to talk . What development have brought to this nation. You’ve failed even the church. You are a selfish man who has never made money of his own but always waits for chance. Not this time you big failure

  11. So Nevers Mumba can not survive outside politics….now he has reduced himself to a mere chola boy…njala niyovuta

    Edgar Lungu 5 more years

    I thank you

  12. In Ghana here election petition took 8months in Supreme court live on national television and the President of the penalise use 3 minutes to deliver his verdict, the judge told the losing party that elections are won at the polling station on the court HH pls nothing will come out of this trust me. You all steals just that your was not enough to see you through. There is nothing like free and fair election in Africa.

    • Just like they have embraced the likes of Masebo, Scotch Whiskey, Sampa , Membe and GBV who are all on record for making disparaging remarks against Tongas and yet spew vitriolic bile against Lungu day in and day out who has never insulted southerners!

    • @19.1 Mpendula Kayaula, that has long been my question bcoz the desparation in UPND and their hatred for Lungu has made them forget how antagonist these people they have embraced are! Soon there will be infighting in that party. I say so, since after GBM and Kabimba’s departure, PF cadres don’t fight the way they way they used to! And now they can even trust Nevers who did exactly what he is doing in 2001 and later on abandoned Mazoka in the petition after being a post by Mwanawasa. In case they have not forgotten, Nevers was and is still desparately ready to work for Lungu and it wont be long before he abandons UPND and plead for favors from Lungu. That is when they will realise how uncouth the collection is that they attracted from outside their party!

  13. THIS IS THE BEGINNING OF JUSTIE BEING DONE IN ZAMBIA AT LONG LAST. WE ZAMBIANS MUST UNDERSTAND THAT WE HAVE A GREAT RESPONSIBILITY TO THE MANY PEOPLE OF AFRICA SUFFERING UNDER DICTATORSHIPS.

    THEY ARE ALL NOW LOOKING UP TO US TO ZAMBIA FOR DELIVERANCE. LET US CARRY THIS RESPONSIILITY WELL BECAUSE WE SHALL BE THE EXAMPLE FOR OTHERS TTO FOLLOW THAT NOTICE HAS BEEN PLACED ON DICTATORSHIP. UGANDA IS WATCHING, ZIMBABWE IS WATCHING, SOUTH SUDAN IS WATCHING, SOUTH AFRICA IS WATCHING.

    LET US NOT LET THEM DOWN. THEY ARE DEPENDING ON US. ELECTIONS MUST BE RESPECTED IN AFRICA.

  14. These UPND 1diots and really making me sick and feel HH is just a selfish bu.stard. He is just thinking of himself and whoever dies, he doesn’t care

    • @Mjbnio:
      Why don’t you just die yourself? Mother fuc.ker always thinking of killing people like your stu.pid sacred little rat of the PF President. Lungwa.

  15. More pop corns PF cadres are now crying and sweating in their pants.This a battle for brains not muscles.Lawyer vincent Malambo teyabana dad.

    • The beauty of this move is that it will once and for all set up elections jurisprudence. It will be known whether one can legitimately win an election by using thugs as he did at Kabwe PF conference.

      Bello yalila ngilingili, ba Lungu kufuma, corruption kufuma, ba Speaker, Hon Dr Justice P Matibini SC kwingila babombe ko.

      Those who think Vincent Malambo SC is a waste of space, ask your relatives who have been to Ziale or have faced him in court. He is lead State Counsel but dont forget there is further fire power from luminary jurists on this matter. Zambian elections will never be the same after this petition.

    • @Red Scorpion:
      In fact the PF cadres are now even SH.ITING because they cannot defend the indefensible. They have no brains to argue in court – they just know how to hack people on the streets. This is NOT a game for fake lawyers like Lungu who was copying from others to complete a degree at UNZA.
      The id.iot has always been cheating, a fraud throughout his life – what a low life of a person???

    • @Chiyanta this seed of hate and insults you are spreading on social media will surly catch up with you. It will affect you up to the third generation.
      Why can’t you be civil for once in your opions. You may not have a deep understanding of what you are doing but one day you shall remember my advice.

  16. UPND started losing this election even before the vote was cast. ECZ conducted one of the most transparent elections of our time. Its only UPND’s PVT that didn’t reflect the will of the people and its obvious why. As for Mr Mumba, the only chance of being in leadership is by being HH’s and GBM’s chola boy.
    My take on this petition is that it is a blessing for Edgar Lungu because it will legally confirm his legitimacy as duly elected. On the other side, it will send the political careers of both HH and GBM in oblivion.

  17. Mwebantu Liz,Mumba is just a spokes person for the group, spare him the scorn. Let’s debate objectively for some of us we are at sea.

  18. Nawau. You UPND you de trouble yourselves. Commott and Let Edgar Lungu rule jo

    HH isnt losing 5 times enough – save yourself the embarassment. Anyway your carrier is over as @ 24

  19. TRUTH BE TOLD, BOTH PF AND UPND RIGGED THESE ELECTIONS.ITS JUST THAT THE OTHER ONE STOLE A LITTLE MORE THAN THE OTHER.CONFIRMED REPORTS FROM SHUSHUSHUZ SHOW THAT ABOUT 39 PEOPLE WHO CAST THEIR VOTES IN DUNDUMWEZI ARE DECEASED-THIS IS CONFIRMED WITH DEATH CERTIFICATES FROM THE HOSPITALS.SO YOU SEE, HOW DID THEY RESSURECT TO COME AND VOTE THEN GO BACK TO THE GRAVE???????????????????????????????WHAT IS WRONG IS WRONG REGARDLESS OF WHO HAS DONE IT

    • Sir its all crystal clear in the new Constitution.

      Article 72. (1) provides that at dissolution of Parliament, the Speaker and First deputy will remain.

      It was drafted in this manner to allow the Speaker to act as President in case of the Petition and his deputy to take up role of Speaker.

      It’s sweeeetttttttt…….its mwaaaaaaaaaaaaaaa

  20. The amended Zambian Constitution is not exempt from The Universal Declaration of Human Rights, article 11, which states: “Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.” Dr. Nevers Mumba which law are you following? Is it the petitioner or the court nullify the election and communicate the decision to the respondent? Section 229 (2) (d) empowers ECZ to settle minor electoral disputes, as prescribed;
    Section 103 (1) (a) and (b) empowers the Constitutional Court to hear election petitions, validate or nullify the election of the President-elect or incumbent President;

    • Section 104 (b) empowers the Speaker to perform executive functions only except making appointments & dissolving the National Assembly where an election of president-elect or incumbent president is nullified. The Speaker can only act after conclusion of the hearing and nullification of president-elect or incumbent president, first.
      The Court is to officially communicate to the respondent (President Lungu) but not the petitioners to dictate to the respondent unless there is no rule of Law in the country.

  21. PASTOR we are tired of defending your behaviour which is misguided position meant to confuse people and at the end of the day be appointed to High commissioner Canada, which does not align itself with Spiritual and Biblical standards. To take a position of God in deciding what is wrong and what is right is a dangerous sin. You want gain the physical and lose the spiritual. well it is your decision.
    And government must look into this issue it looks like even some who loses by 99% can petition election. In short can delay an inugration. Look at them they have been working tirelessly on this starting from Sunday just looking for reasons to petition the electionof ECL.

  22. Government must look into this issue it looks like even someone who loses by 99% or has fakereasons can petition election and delay swearing in. Look at them they have been working tirelessly on this starting from Sunday just looking for reasons to petition the electionof ECL.

  23. Awe ba chipuba mumba…..The law states as follows:

    *Article 101 (1) A President shall be elected by registered voters in accordance with Article 47 (1) and this Article.*

    *(2) The Returning Officer shall declare the presidential candidate who receives more than fifty percent of the valid votes cast during the election as President-elect.*

    *(4) A person may within seven days of the declaration made under clause (2), petition the Constitutional Court to nullify the election of a presidential candidate who took part in the initial ballot on the ground that—*
    *(a) the person was not validly elected; or (b) a provision of this Constitution or other law relating to presidential elections was not complied with.*

    *(5) The Constitutional Court shall hear an election petition filed in…

  24. Don’t hide in opposition alliance just say UPND because HH and GBM are both presidents of UPND and not opposition alliance, these are lies. Don’t let people think that it is an alliance, it is just UPND.
    In fact ba LT it is illegal to call Never pastry Mumba as MMD president, he ex-president for MMD.

  25. Nevers Mumba, you are on firm ground. Hence the panic from PF cadres who have been assembled in some room responding to blogs. Ignore these PF chaps who are constantly lost and panicking. They raised the same arguments when their ministers were illegally in office. Always stealing

  26. Sometimes I feel sad and ashamed to read from a man I had respected so much 25 years ago! It is just a sad state of affairs of the man. God have mercy!

  27. The level of ignorance is so profound that you begin to think going to school is the best before you begin to set your eyes on positions which people who are educated will constantly be evaluating you on! This is very sad.

  28. My take on this issue is this.
    The CoCourt has already established its authority when it ruled against the Lungu`s Ministers. This decision really excited the opposition,without knowing that it was intentional. It was meant to lure opposition to trust the ConCourt. With this petition, it will be easy for Cocourt to pass the verdict that is contrary to what opposition is hoping for.
    Whatever evidence UPND has will be neutralized by Fr. Bwalya`s cooked evidence, therefore both UPND and PF will come out dirty, hence CoCourt decision will be to validate the results and Lungu will be confirmed as President.

  29. TO ALL CONCERNED PARTIES WE HAVE A SITTING PRESIDENT AND PRESIDENT -ELECT AND THE LAW TALKS ABOUT THE PRESIDENT-ELECT NOT THE SITTING PRESIDENT SO SIT DOWN AND STUDY BA DR MUMBA PLEASE SKOOL IS IMPORTANT.

  30. So which Party is this Mumba representing? The man is a specialist in failure. I hope he’s been kicked out of the MMD for good. Useless opportunist!

  31. @ Chilyata 11.2 – you are full of dung in your rotten brain. Your mouth stinks of rotten eggs you bu–stard. You came through the a-nus instead of the normal way. Mind your language s-tupid f…oool.

  32. Everything about Nervous is fraudulent he is a form drop out as he never passed his degree is honorary he hoodwinked his party members and at night accepted a job from LPM he was fired, stood as MP in his home village and lost miserably pleaded for a job from RB and went to Canada he opened a can of worms not being fiscally disciplined…the language he is using he used to use when he referred to Mutatii and other MMD cadres now he is here we wish him well as a politically spent force

  33. With all due respect, Ba Nevers Mumba with with your respected others, SELENI TU BOMBEKO in Peace. 5 Years is a long time, You will heal. As we all know time heals everything… If you all dont heal,dont worry, there are crazy and heartless people out there who have already offered to you buy PETROL and a PACKET OF MATCHSTICKS, so that you can set yourselves ablaze. For learned men and women, let us call it a SPONTANEOUS HUMAN COMBUSTION. God has God, and Mr.Mumba you and i know that GOD’S DECISION is FINAL. IT IS DONE. Mr. LUNGU has won. Believe the court will also tell you that. Monday is coming…

  34. Lungu must respect the constitution. Why are the police, army, and OP all kneeing down to this one person like he is god. Please Judiciary, police, army, and OP you task is to protect Zambia. Zambian constitution, and Zambian not Lungu. Let him prepare for jail time. He should even start buying enough Jameson because he will need it in jail. We cannot allow one man to destroy the whole nation and we are watching. Lungu please step aside otherwise these people ill advising you will land you in big problems – your road to jail will be faster if you continue your illegal hold to power.

  35. Nevers is a strange man. Look at how he is slowly replacing Canisious Banda. I am not seeing more of Guy Scot and Miles Sampa as well. He has become so close to HH and GBM. He was just ousted as MMD president! This is how a KONTO (tick) works!!!

  36. THE WAY I SEE IT UPND WILL ALSO NEED TO PETITION SEVERAL MP POSITIONS TO MAKE IT MEANINGFUL TO TAKE OVER. OTHERWISE THE PARLIAMENT WILL BE HANG WITH OVER 60% PF MPS MAKING IT IMPOSSIBLE TO GOVERN. THEN HE WILL HAVE DISSOLVE PARLIAMENT & SEND US BACK TO EXPENSIVE EARLY ELECTIONS WHICH WILL DIVIDE US EVEN MORE. IF THE CC SAYS LET THEIR BE A RE-RUN THE PEOPLE WILL BECOME EVEN MORE DIVIDED AFTER THE SKEWED DUNDUMWEZI RESULT WHICH HAS ANGERED MANY. SURE HH KNOWS ALL THIS. SATA LAST TIME GAVE MMD A 5 YEAR TERM WHEN THEY STOLE HIS VOTE AND WE ALL PAID HIM BACK WITH A CLEARER VICTORY MMD COULD NOT STEAL. WE’VE HAVE CHANGED GOVERNMENTS SUCCESSFULLY IN THE PAST BECAUSE WE’VE DONE IT TOGETHER , NOT DUNDUMWEZI OR S, E AND NW ALONE. INDEED YOU DONT WIN ELECTIONS IN COURT. WHEN LUNGU GOES WE WILL…

  37. WHEN LUNGU HAS TO GO WE WILL DO IT TOGETHER AND DO IT SO CLEARLY HE WILL HAVE NO CHOICE BUT TO CONCEDE AS OTHERS HAVE DONE IN THE PAST. FOR NOW WE ARE NOT ALL CONVINCED HE HAS TO GO AND WE HAVE SHOWN IT BY CHOOSING HIS MPS OVER YOURS DEAR HH. YOU WONT RUN A PARLIAMENT WITH PF MPS IN THE MAJORITY. I ALSO BELIEVE ALL THOSE WHO VOTED IN PF MPS ALSO CHOSE LUNGU WHICH MEANS KABWE, THE CB, N, LUAPULA AND MUCHINGA AND EVEN THE CONTROVERSIAL LUSAKA CHOSE LUNGU TOO. EVEN YOUR MAYOR IN LUSAKA IS NOT UPND. IT IS CLEAR THIS IS NOT WHAT YOU THOUGH IT WOULD BE. BUT IN POLITICS YOU ONLY WIN WHEN YOU WIN.TO BEAT A CHAMPION ITS NOT BY SPLIT POINT. DO IT BY KNOCK OUT. GOOD LUCK NEXT TIME. GOOD TACTIC TO FIND SOMEONE TO BLAME THOUGH. IT KEEPS SPIRITS UP IN YOUR CAMP THAN CONCEDING DEFEAT AFTER SUCH A GOOD…

  38. “Zambia Shall Be Saved!” “Not by mighty nor by power but by my Spirit, says the Lord!” …But now by might and by power!

  39. do not 4get that “half” of the zambia people volted for the UPND and some of them are your wifes and hasbands,you dont call them tongas when they are feeding you and putting a roof over your heads intead you call them honey,my love e.t.c .for the UPND to get such numbers through out the country it simply means that the party did their planing very well thats the more reason why the PF crew are sweating right now becouse they know what they have don and what they are doing. let us use our heads and make zambia a better place for our children to progress and live in rather than the way it is right know.

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