Patriotic Front legal adviser Tutwa Ngulube has charged that there is nowhere in the law where the swearing in of President-Elect should be postponed in an event of a petition.
Mr Ngulube who was elected as PF Kabwe Central MP said President Edgar Lungu’s inauguration should go in with or without the petition.
He said, “Article 105 states that “The president elect shall be sworn in on a Tuesday seven days after being declared president elect … if there is no petition filed under Article 103. This is the only type of petition which can prevent the Chief Justice from swearing in the president elect.”
“The petition under Article 103 deals with the petition arising out of a Second Ballot or rerun only. Now that President Lungu’s election is not being petitioned in the Second ballot but in the initial ballot or first round, he will be sworn in as President on Tuesday.”
He said the only petition which a First Round President elect can be subjected to is the one provided for under Article 101.
“But this petition under article 101 is not included in the reasons for preventing the chief justice from swearing in the president elect. That’s the reason cabinet office is going ahead with the preparations for Tuesday’s inauguration ceremony including the invitation of presidents from other countries.
Mr Ngulube said the UPND’s petition is based on the demand for voter verification and recount of votes, spoiled Ballots to be counted and given to UPND, the Speaker to act as President and that HH to be declared winner without an election and that the ECZ should surrender their papers to the court and that President Lungu must step down.
“Let us all wait for and respect the Constitutional court to determine the matter as it has now become illegal to make any comments on the same. We must allow the court to be free and fair in its dealing with the court case.”
In a related development, a Lusaka lawyer has filed an application in the Constitutional Court challenging the notion that President Lungu should vacate office and hand over power to the Speaker when an election petition is filed.
An urgent application, by way of originating summons, seeking for an interpretation of Article 104(3) of the Constitution, was filed in the Concourt yesterday.
Celestine Mukandila, a lawyer, represented by Shamwana and Company said Article 101 did not make any such provision, but that such a provision only arose under Article 103 in the event of a re-run or indeed when none of the candidates did not garner the 50% threshold.
The Concourt has been asked to interpret the section as a matter of urgency.
This week, Young African Leadership Initiative Legal Adviser Isaac Mwanza said President Lungu should continue to perform the executive function until the President-elect is sworn into office even after the opposition files its petition against his re-election
We tired leave us alone we go on with our lives PF won and we ready to be lead by PF government. We are not part of the fights
If you are Bemba as the name suggests, you are a disgrace to the real Bemba people.
Manje kaili! Petition is in place! Edgar is off duty until further notice,,, am taki,ng him to chez ntemba, after afew drinks, he will tell me the truth about rigging. ,,,,,,,,,,@ Nostradamus my friend come and be chief justice for the poor like always
Bola na ikosa, it seems Zambia has the most complicated constitution in the world. It appears as if it baffles even the same lawyers who formulated it. I am yet to come across a Zambian lawyer who is skillful at the Zambian constitution. I rest my case.
THE CONSTITUTION IS VERY CLEAR ON THIS MATTER. LUNGU HAS CEASED TO BE PRESIDENT. MATIBINI HIS THE ACTING PRESIDENT. TUTWA IS EXPRESSING HIS WISHFUL THINKING. HE IS ENTITLED TO THAT BUT ARTICLE 104 (3) IS VERY CLEAR.
Which law are you reading? The one that installed Lungu in Kabwe or the one that kept his ministers illigally in office?
Whichever one you are using its not only worry some but also scary.
The amount he may have to repay in 2021 may be huge that’s if he is not impeached by then.
I seriously wonder what type of lawyers we have in PF.
The Constitution is very very clear and straightforward. I honestly don’t see where the source of confusion is.
Article 103 is the only Article that specifically deals with Election Petition and it is Titled as such. Other articles refer to this article when talking about about Election Petitions. Article 101 gives general provisions about Election of President creates the basis for Articles 102, 103 and 104.
Analysis of the assertion Edgar Lungu achieved a 50% + 1 majority of votes.
A 50% + 1 vote in the 2016 Presidential election was NOT attained and therefore the declaration by Justice Chulu that Edgar Lungu is President-elect is invalid.
The official explanation for this action is justified on the Electoral Commission of Zambias website is as follows –
Constitution of Zambia (Amendment) [No. 2 of 2016]…
“47. (1) Elections to the office of President shall be conducted directly, under a majoritarian electoral system, where the winning candidate must receive more than fifty percent of the valid votes cast, and in accordance with Article 101.”
CALCULATION: Add votes for all candidates and get 100%, 3,695,710 is total of valid votes cast representing 100%.
NOTE: 1,847,855 is exactly…
NOTE: 1,847,855 is exactly 50% of total valid votes cast.
Edgar Lungu scores 1,860,877 which is 50.35%, A difference of 13,022 votes.
Had there been just one extra vote above 50% that would have met the 50%+1 requirement.
This reasoning is faulty as shown below –
In actual fact the number of valid votes cast was 3,781,505, not the 3,695,710 as claimed by this notice.
So according to the ECZ, the number of votes scored by Edgar Lungu was 1,860,877 and those scored by Hakainde Hichilema was 1,760,347. In percentage terms, this means ECL achieved 49.21% and HH 46.55% meaning that the 50% plus 1 threshold was not attained.
Justice Chulu cannot declare Lungu the winner when he did not attain even 50 per cent.
Justice Chulu should have referred to the Constitution which clearly…
Justice Chulu should have referred to the Constitution which clearly states fifty percent of the valid votes CAST, which was actually 3,781,505.
A valid vote cast is one CAST by a voter on the voters roll, has an NRC and a voters card.
Note the above does NOT say a vote that has been counted or verified. It clearly says “of the valid votes CAST”.
If a vote is rejected, then that is much later in the process and it is a perfectly valid vote up until that time. i.e. when it was CAST!
A vote is CAST when it is inserted in the ballot box and it is the duty of the ECZ to check that any person CASTING a vote is a bonafide voter therefore that is the only correct and true figure that must be used.
Chulu has used the wrong figure in his determination.
A VALID VOTE CAST is every…
A VALID VOTE CAST is every vote that was legally put into the ballot box (CAST!!!) by a properly scrutinized voter, so even votes rejected as spoiled ballots at a later time qualify to be included in the total.
Even if a voters ballot does not count towards a candidates total votes because he/she made a mistake on the paper, nevertheless he/she is still a properly entitled person to vote, and for the purposes of this law the fact that he/she is legally entitled to vote, and actually did vote, has to be taken into account.
Any other course of action will be an illegal and unconstitutional disenfranchisement of those persons that cast their votes in good faith.
The ECZ has decided to manipulate the percentages by illegally and arbitrarily subtracting about 83,000 votes that they…
The ECZ has decided to manipulate the percentages by illegally and arbitrarily subtracting about 83,000 votes that they have classified as rejected ballots. This differentiation is an arbitrary one and is wide open to abuse
If the Constitutional Court allows this determination to stand, it will mean that in future any candidate can be undemocratically deprived of reaching the 50+1 threshold simply by increasing the number of rejected ballots!
We are going ahead. Ifintu ni lungu epela
@Legal Opinion: I agree with you. Most of the rejected ballots were in PF “strongholds” with 14,000 coming from Eastern Province alone. There’s no good reason for this as there is no substantial increase in voters in these areas. It appears that most of the rejected ballots are for HH for whom they used arbitrarily high standards to determine valid ballots. This is just part of the rigging mechanism.
CONSTITUTION OF ZAMBIA (AMENDMENT) [NO.2OF 2016]
ELECTION PETITION
103. (1) A person may, within seven days of the declaration of a President-elect, petition the Constitutional Court to nullify the election of the President-elect 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.
TRANSITION PERIOD BEFORE ASSUMING OFFICE
104. (3) Where an election petition is filed against the incumbent, under Article 103(1), or an election is nullified, under Article 103(3) (b), the Speaker shall perform the executive functions, except the power to— (a)make an appointment; or (b) dissolve the National Assembly.
They now want to rely on a constitution they have not understood cause they never read it. Rigging is what happened in Southern Province where children as young as ten years old voted, when cadres where campaining and flashing party symbols on the actual day of voting,when UPND cadres where escorting voters in the polling booth to ensure that HH was voted for.
I agree with Buck Teeth Lungu in fact i.was reliably informed by a polling agent that HH’s ballots were deliberately marked as spoilt
@ Legal Opinion or Legal Dullness Please save us your dullness. School is very important. @Legal Opinion is confusing even himself. Rejected ballots do not accrue to anyone. Only Valid votes which accrue to a candidate are counted in determining the 50% +1. Most people were doing very stupid things on ballot papers. I will show you what they were doing tomorrow. SO GO TO SCHOOL AND LEARN THEN READ AND UNDERSTAND. English dictionary defines VALID as “A valid ballot paper is one which reflects the intentions of the voter unambiguously. Conversely, a vote is defined as “spoilt” or “invalid” if the counting official is unable to clearly determine the intention of the voter” FREE EDUCATION IS BACK EXPECIALLY FOR UPND”
If i was a PF cadre I would be very scared of such utterances by this cadre lawyer with no respect for our constitution…this is how it starts!!
@Legal Opinion,
I suggest that you get back to school to go and learn basic statistics.
Your analysis shows that you are extremely deficient in statistical analytic skills.
Valid votes imply total cast less rejected. The grand total votes for alll the candites put together must equal the total valid votes. Thus, the individual candidate’s total vote divided by the total valid votes gives you the ratio for that candidate. The ratio of the candidate multiplied by 100 gives you the %ge for that candidate.
If the above explanation cannot help, then your issue requires classroom environment.
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.
The petition is for all well meaning Zambians not only UPND. Lungu cannot be allowed to defy the constitution and rule of law. If he feels he really won fairly and transparently then let him not rush to be sworn in and let the courts prove it
There are only two possible outcomes from the court, and two predictable reactions from UPND :
1) If they lose the petition UPND will insult the judges together with PF and ECL.
2) if they win the petition the UPND will praise judges and the legal system.
This is how UPND operates. They told the nation that if they win the elections then the elections will be said to be free and fair, but if, under the same environment, they lose then the ECZ is corrupt.
Even now UPND will tell you that ECZ was very professional in southern, western and north-westen, but according to UPND, ECZ was corrupt in luapula, northern, eastern, muchinga, Lusaka and copperbelt.
So, it is very easy to follow UPND’s thinking
# At Legal Opinion. I beg to differ with your well thought position for two reasons even from a layman`s point of view to render a proper meaning to the valid votes cast.A valid vote is a vote that has meant the set criteria and cast in favor of a particular candidate.We are looking for total valid votes cast in favor of all the candidates as opposed to the Grand Total votes.Rejected ballots do not win any candidate an election.SO LETS NOT GET CARRIED AWAY TOTAL VALID VOTES ARE those valid votes cast in favor of the candidates.consider best practices within the common wealth countries.
Our law does not say “total validy cast votes”. It says “total valid votes cast”. The latter doesn`t take into account rejected ballots while the former includes them. So render the appropriate…
PF is you have the country under your control by way of overwhelmingly voting for your party, even the referendum would have gone through. But that is not the case, because you support base is not there and the remaining people do not trust you to craft anything which benefits them. It is not surprising that some of the provisions where engineered by PF to ensure things are in their favour. Thank goodness, our courts act in good faith as is the case of Ministers stealing from Tax Payers for Three solid months.
Tutwa please just zip it and wait for better and sober legal minds to deal with the petition.
Legal issues.accusations and counter accusations.How many mps did PF get and how many did upnd get?Just asking?
@chilalama Philip, PF got many MPs but UPND got the Refurundum, isn’t so?
How many PF MPs illegally used govt resources to get elected by continuing as Ministers after Parliament was dissolved? The same ConCourt told us last week that what Lungu did was illegal and the govt resources must be repaid. Just wait and see what happens when election petitions against the PF MPs start. Be afraid, very afraid. The election was hijacked by criminals.
Uko, we the people continue hustling.
Oh oh oh!!!! This is now turning out to be a circus!! So, all this confusion by the UPND applies in the case of a rerun??? Huh, the lawyers were even forgetting to put dates in the petition hoping to derail the inauguration when the petition does not apply to this election but a rerun???? If this stands, it will be so embarrassing )if Tutwa’s argument stands, I will say HH’s lawyers knew but it is about the money).
Did Lungu even read the Constitution that he signed in January this year? There’s no cure for stoopidity.
Robert Kiyosaki says and it is true that the process is as important as the result. For example you can become rich in a number of ways i.e, working hard and smart, inheritance, marrying the wealthy, winning a lottery, robbing a bank, etc. Each of these processes can make you rich but at the end you become something i.e one will become financially smart, another a robber, and still others dull.
UPND sorry. Bye bye bye. It was good to have you on political platform.
Why should Tutwa zip?
So that he can allow Mushipe to talk?
Tutwa and Lungu are dullards. They lost on their earlier interpretation of the Constitution regarding ministers continuing after dissolution of Parliament. Clearly these are not the sharpest blades in the legal pack.
@Peace – sums up it to him hollow noise of BUFFOON Kambwili carries more weight than sensible debate based on references in our constitution.
You can score a goal after tackling the defender and goal keeper by breaking their legs. Will that goal count?
That is cost of not playing by the rules. Imagine if PF had run a clean sober campaign without unleashing thugs. They would be happy and let whoever so cares to petition.
Pasop! Don’t do a Laurent Gbagbo, the former president of Ivory Coast, who is now before the ICC for “unspeakable violence” in an attempt to hold on to power after losing an election in 2010.
Tutwa, you’ve always behaved questionably. As ECL’s cousin and a lawyer, you should know better that provocative statements like yours are not warranted at a time when questions have been raised about the validity of the election. We know that you were part of the panga group that brought ECL into power, but my friend, what goes around, comes around. The constitutional court may be composed of ECL appointees but like Bembas say, God does occasionally hold down the strong, for the weak to achieve their ends. All our countrymen want is honesty and integrity in our systems. The culture of corruption, wako ni wako has to go. Let’s look at how the courts deal with his issue and then we will look at the options.
The problem here is that PF is so incompetent and lazy to read that even if you are handpicked by Lazy Lungu its so difficult to pass a biased judgement when it is based on the constitution. Its likened to a MIA fighter in a WBC boxing match.
This petition is wrongly addressed. ECL and mama Wina can not be sued as first and second respondents respectively and ECZ as the third respondents. This petition is supposed to be directed to ECZ as the body which managed the elections and declared the winner, ECL and Mrs Wina as the second and third respondents respectively. On this basis the petition will be thrown out.
Split the hairs as much as you want. A thinner grey hair is still grey.
No problem! Hazalusa Hagain!
UPND should also on Monday urgently put in a court injunction that ECL is not inaugurated until the ConCourt rules!!
Dodier – They can’t do that unless the petition is filed for a rerun.
Surely the petition is about a rerun if Lungu and Chulu rigged the results to give Lungu a bare minimum to avoid a rerun. Maybe Lungu should be disqualified entirely as an electoral fraudster.
HH please don’t take Zambia for granted.us youths we will quickly mobilize our self so that we can wipeout upnd.please be careful.timely warning.
First you have to find money to buy nshima. YOu PF youths are just illiterates hoodlums.
You have chicken’s brain.
@Mr Real, it is your prerogative to die for Lungu. Do you really think half of Zambia that voted for HH will roll over as you rape the country?
Which youths can mobilize? Hungry, weak and from Africa’s defeated tribes. Thieves tend to make noise to distract the Pursuer.
If you have been beating some un armed UPND cadres on the street dont think you are tough enough to take on the well trained Red Barret.Try it we shall teach a lesson you will never forget to the extend that your Lungu will run away to Malawi.
What war have you foufht you *****, dont show your stupidity by what,you write. As a youth u should be busy studying or doing something constructive.walipapa imbwa mulife becouse of the ask those from burundi, rwanda, south africa. Let us argue constructively
It is very clear that HH lost this election,so what more do you want?any way very soon you and your minion will have what you are looking for physically beating you to death.
Di you really think half of Zambia that voted for HH will roll over as you r@pe the country? Every idyot in power (including Hitler, Saddam, Gaddafi, Gbagbo, etc) always thinks he has overwhelming military power to suppress and kill off the other side. Where are they now?
This is how lawyers make money by misleading their clients.
Remember how many times the Zambia constitution has gone under the knife.
Who benefited from these processes, definitely not Medical Doctors, but our smartly dressed ‘cousins’.
Lawyers are like stockbrokers their currency of trade is ignorance of their clients..
Bola na ikosa, it seems Zambia has the most complicated constitution in the world. It appears as if it baffles even the same lawyers who formulated it. I am yet to come across a Zambian lawyer who is skillful at the Zambian constitution. I rest my case.
On the contrally, its crystal clear that a grade 9 pupil would interpret it with ease…its just a case of not being lazy to sit down and read.
23/08/2016 will put an end to this once ECL is sworn in by the chief Justice!!!HH’S DESPERATION FOR STATE HIUSE MAY SET ZAMBIA ON FIRE!!LEARNED JUDGES MUST NOT EVEN TRY TO PLEASE THIS ID10T CALLED HH.HE LOST ELECTIONS SO HE MUST WAIT FOR HIS 6TH DEFEAT IN 2021!!!GO PF GO!!
Why are you afraid to hear what the Court has to say? The Court will not listen to your political babble. The judges will just read the same Constitution that Lungu signed into power in January. Chapwa, kwasila, kunahu, kipeto, fin, end.
Can anyone kill the judges who might support UPND due to corruption
Who cares and no one mentioned of no inauguration in the petition.
CAN SOME WE HAVE SOME INTELLIGENT LAWYERS ON THIS FORUM TO TRY TO INTERPRET THIS DAMN CONSTITUTION IN A FAIR WAY WITHOUT BEING BIASED TO ANY OF THE PARTIES, SO THAT ATLEAST READERS HERE CAN MAKE THEIR OWN JUDGEMENT WITHOUT LISTENING TO THESE PF & UPND KAPONYA LAWYERS, WHO INTERPRET THE LAW IN THEIR OWN WAYS.
THANKS
No matter how clear you interpolate it…PF are dunderheads, they won”t listen, they just want to bulldoze their way. Chagwa is scared of letting go because he and his mafiasos have committed too many atrocities.
The good thing is Concourt knows no Chagwa-Chagwa azagwa!
There goes the PF again , trying to crook zambians by twisting the law.
It seems PF members went to school to learn about how to twist facts and exploit gray areas of the law. That is all they seem good at.
Opinions of a PF MP might not be unbiased, let us just say…
Shut up.Let credible people advise us.You PF pipe don’t seem to understand the law. Thank you
Thanks MGS indeed under5 party is a time waster!
You had 5 years to come up with the Constitution. Lungu’s Constitution allows for time wasting. Just sit back and wait for the judgement.
I mean people
I also need a clear understanding of these articles. I spent about 1hr trying to understand articles 101, 102, 103, 104 and 105 just for interest sake as a Zambian but I got more confused. Please help. In article 101 there is a petition mentioned as well as president elect. article 103 talks about an Election Petition procedure. And then article 104 talks about a rerun and another petition brought in under article 103 that makes the Speaker act purely on administrative basis. Now does the incumbent president hand over the Instruments of Power to the Speaker or what? If not where are the Instruments kept and by whom? Please help.
Miya, it’s a game of lawyers, that’s why they’re never broke, the best lawyer wins.
To a layman, the articles are confusing, to the lawyers, a basis of a good presentation.
The best thing a layman like you and I can do is to move on with our lives while lawyers are making money in the court’s of law even when they know the outcome before the petition was even filed.
This lawyer is drunk with Jameson.What triggers a re-run or a second ballot to take place
1.A candidate failing to get 50%+1
2.A petition which could result in a candidate not getting 50%+1 after a recount.
Inaugurating the president when there is a petition will render article 103 ineffective.In other words you are violating the Constitution..
Lungu is a master of violating the Constitution at every corner. The very person who should be protecting the Constitution is the same one who is r@ping it every day.
Article 101 deals with the election of the president. Article 102 deals with disqualification for a run off. Article 103 is the one that deals with the election petition. Article 104 deals with the transition before assuming office. And it states that subject to clause 3 if there is a petition filed against the incumbent the speaker would act as president. Article 105 deals with the process of assuming office, tenure and vacancy. It states in clause 2 (a) that the president elect cannot be sworn in if there is a petition. It’s not good to mislead people for narrow selfish reasons.
The People. This is what is needed. However, teach me further. Why is there a mention of a petition in Article 101, affirmation or disqualification under 101 (6) of a Presidential Candidate and you have 101(8) saying the winner of the second ballot will be the President Elect. Then article 103 deals specifically with issues related to the President Elect and not Presidential Candidate. Does it mean The Incumbent President should handover the Instruments of Power to Speaker who only performs Administrative Functions during the transition period? This is a good research project for the Law Students. I just want to learn more no partisan feelings
Independent: Please lets just educate each other rather than calling ourselves drunk. Checking Article 101 (6) talks about the Constitutional court affirming or disqualifying a PRESIDENTIAL Candidate and 101(8) talks about the winner of second Ballot Vote after nullification of the first ballot vote as PRESIDENT ELECT. Then Article 103 talks of the Constitutional Court affirming or nullifying the election results of the PRESIDENT ELECT (voted through second ballot) and the Speaker acts bla bla bla. Do you wonder why UPND has not used Article 103 in their petition? With my little knowledge of Contracts Law, Article 103 kicks in when there is a Second Ballot Vote cast and that is why UPND has not quoted the same in their petition. In addition, if you check further, 37days is needed if the…
UPND has used Articles 101, 102, 103, 104, 105 etc.
The law is clear. When a President elect has been petitioned, the Speaker takes over.
This applies when the President elect was the sitting president.
Thou shall not steal, God is not happy with those who steal from others. Do unto others as you would want them do unto you. The fear of God is the beginning of wisdom.
Governance is not a joking matter and once we take it for fun, our country will be unhealed from the cancer of lawlessness. I must congratulate the Zambian people and take the chance to blame the politicians who seek to peddle their pomp at the expense of the national treasury and peace. In as much as UPND feels bad at the outcome and are seeking legal redress they have a national duty to defend the peace of our country. However, in order to show that there is nothing to hide, I would advise the PF mouth pieces keep shutup and allow law to take its course. Ask his excellence the president to follow the law as is by giving chance to the courts. It will be constitutional rape if the president elect does not give chance to the concourt by stepping aside. In case the concourt rules in favor…
PJ the law supper succeeds and no one is above the law.with the law on our side peace shall rein.Without the Law there is no peace.So let Lungu handover power for a short time and allow the law to do its Job.If he has nothing to hide let him just abide.If he refuses we shall discipline him on behave of zambians by arresting him its simple.If there will be people who will go on the street breaking the Law the law will vist regardless of tribe.We shall arrest them. That’s our duty.For today Lungu and HH are the same untill we swear them as president.Our comander in shief is Dr matibini full stop.we dont Lungu.
UPND peoplei know you hate ECL,but just acceptit you lost and he shall rule over us for the next five yearsand beyond.You triedto vote with your tribal cousins but you forgot you only had 3 provinces to deceive.Your petition is going no where.Lungu is the president-elect.The people spoke so don’t try to go against what the people decided otherwise you shall be destroyed.People have rejected violence readers who don’t fear God
Don’t spill your tribal nonsense here. You have been at it for 5 years. Let the law take its course.
Am pretty sure all the tongas voted for hh, ba Tonga nima fotine zoona, that’s what happens when you count the chicks before the eggs hatch, them the thought hh was very popular to win the elections, Hh is not presidential material, Hh lacks charisma, Hh is not likeable, Hh is indeed under 5, he’s got no experience what so ever. His stash of cash is running low coz he spent so much of it on campaigns thinking he will win, promised people jobs, now he is trying to buy time by petitioning coz he owes the people he promised jobs
Your tribal hatred is preventing you from celebrating your hollow victory. That’s the problem of being a thief, you cannot peacefully enjoy the stolen goods. That’s why you have to beat up the victim to make sure he will not come back for justice. Be afraid, very afraid.
Chi back teeth just gnash your teeth as u mirn hh
And these the people leading the country… why is he reading the constitution in isolation when all the articles are linked as an integrated document? What would be the point of swearing in a president-elect when there is a petition, wouldn’t that defeat the very purpose of the petition? And why should it only apply to a rerun? Creating unnecessary tension by trying to find loopholes in the haphazardly written document. It is really down to common sense more than anything. Regardless of what is written, you have to look at the intention of why the article was written down.
To be honest the way these crooks are messing up the country by pushing their own agendas and ego is annoying. They can’t even wait for 2 weeks, that is how impatient they are to loot get their hands into…
continued…
…the treasury and loot it. I think my people in Barotseland should just walk away from this union with these crooks who can do anything for power and wealth.
Article 103 specifically talks about the election petition of the winner in a presidential election and does not in any way talk about a petition after the second ballot. That is only being said by people who are deliberately misleading themselves and others.
Tutwa Ngulube trying to shout out to ECL to say, please I won the election in Kabwe and consider me when making appointments. Twalimishiba
@Legal opinion, what kind of reasoning is that? Are you aware that according to the law the ECZ announces total votes cast as =valid votes+spoilt votes? For your simpleton amoeba type of brain, spoilt votes are the ones called invalid or not accepted. Look we know that HH is desperate to become president of zambia at least once in his lifetime, but the voters are not ready for him, except in three provinces, but in zambia it is majority rule until you change the constitution to elevt presidents by minority votes.
If these guys failed to interpret about ministers.him and his president Lungu who is also a lawyer.what makes you think they interpret this one right.he is just a dull lawyer who can not even advise his master correctly
NOW CAN’T YOU SEE THAT THE PETITION WAS FILED. LUNGU IS SAYING HE WILL ABIDE BY THE CLAUSES OS THE CONSTITUTION ARTICLES 103 UP TO 105 AND YOU ARE SAYING SOMETHING ELSE. YOU WILL BE JAILED IF YOU CONTRAVENES THE CONSTITUION OF THE LAND BE CAREFUL. WHAT KIND OF A LAWYER ARE YOU. USELESS LAWYERS.
THERE IS NOTHING LIKE A SECOND BALLOT. IF THE CONSTITUTIONAL COURT NULLIFIES THE ELECTIONS, THAT MEANS LUNGU AND INONGE WILL BE DISQUALIFIED FROM TAKING PLACE IN THE RE-RUN, THEN THE RE-RUN WILL BE BETWEEN THE ONE WHO PETITIONED AND THE ONE WHO CAME THIRD, IN THIS CASE HH AND EDITH NAWAKWI WILL GO FOR ROUND TWO.
Zambians have decided, ECL is The President.
The petition is a formality, UPND wants to comfort you supporters so that you don’t blame them fur failing to convince the nation, And also make you believe that the PF and ECZ Colluded.
It’s one Zambia One Nation.
ECL is The President of The Republic of Zambia for the Next 5years.
HH and Edith? Laughable indeed!
School is very important. @Legal Opinion is confusing even himself. Rejected ballots do not accrue to anyone. Only Valid votes which accrue to a candidate are counted in determining the 50% +1. Most people were doing very stupid things on ballot papers. I will show you what they were doing tomorrow. SO GO TO SCHOOL AND LEARN THEN READ AND UNDERSTAND. English dictionary defines VALID as “A valid ballot paper is one which reflects the intentions of the voter unambiguously. Conversely, a vote is defined as “spoilt” or “invalid” if the counting official is unable to clearly determine the intention of the voter” FREE EDUCATION IS BACK EXPECIALLY FOR UPND”
Tutwa WHY DOES THE LAW SAY THAT AFTER 7 DAYS IF THERE’S NO PETITION THE PRESIDENT ELECT IS SWORN IN ????????????????
Still, Zambians will NEVER vote for a tribal party- we would happily vote for Nawakwi if ECL is barred!
SATA used the same tricks of petitioning but failed!!!!!!!!!!!!!PF is going ahead whether you like it or not!!!!!!!!!!
ignorance has no defence the times of Sata and today are different Zambia has evolved and Changwa signed the new constitution leave this argument to legal minds if you cannot comprehend legal issues
Counsel do not mislead your clients tell them the truth. I doubt if Ireen Mambilima would sink so low to swear in ECL when the law is so clear. Counsel do not be blinded by the huge amounts your clients are dishing out let the due process of law be done if your client won the election fairly the court will definitely uphold the victory but if not just advise your client to accept the judgement
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.
UPND if this situation is so hard to accept leave Zambia, why are you so bitter, disturbing peace? The people have voted and the majority do not want you. Its that simple, you got a 100 % percent vote where they thought you were fit to rule but that was not the case for the rest of Zambia, please get that to your thick heads. Its so and irritating, it must be hard to be one of you.
CAN YOU SUE THE ECL ??
ISN’T HE UNDER IMMUNITY??
I HAVE NOTED THAT HE IS FIRST RESPONDANT
WHEN WAS HIS IMMUNITY REMOVED IN THE CONSTITUTION
LEGALLY SPEAKING THIS MIGHT BE A PROBLEM FOR UPND
LEARNED FRIENDS HELP EXPLAIN THIS
I THOUGHT ECZ WAS SUPPOSED TO BE IN COURT ALONE
@Kweshoni Lungu is not president so the issue of immunity does not arise. Lungu today is as good as any common man.If he decides to ignore the law we shall arrest him boss.
The unforeseen loss for UPND in this pursuit is more than the planed gain.
There are only two possible outcomes from the court, and two predictable reactions from UPND :
1) If they lose the petition UPND will insult the judges together with PF and ECL.
2) if they win the petition the UPND will praise judges and the legal system.
This is how UPND operates. They told the nation that if they win the elections then the elections will be said to be free and fair, but if, under the same environment, they lose then the ECZ is corrupt.
Even now UPND will tell you that ECZ was very professional in southern, western and north-westen, but according to UPND, ECZ was corrupt in luapula, northern, eastern, muchinga, Lusaka and copperbelt.
So, it is very easy to follow UPND’s thinking
Hh is a time Wester just stat looking for a credible candidate for 2021 uwawa tabula akabepesho he doesn’t care about the poor again wants the government to start spending billions just for his personal gain in Zambia we don’t have enough educated people even lawyer’s can agree to such implicated law knowing that people will be taking advantage to cry for their loss.
I can’t agree with you more.
The man is a reject in this country because he has no heart for the majority poor.
I have a feeling the petition is a way of comforting themselves to say they fought to the end.
Lungu can’t be sworn in and where people’s right’s and the law come in play. Voting comes with responsibility and ECZ’s scandal is a disgrace to the nation. Priscilla Isaac’s is not fit to be in that role and needs to resign. In fact she needs to be fire including Kelvin Fube Bwalya. Chavula should be heading to jail and not left to wonder free. People forget the reason we have laws. Rights come with responsibilities and obeying the law is one of them. In fact our founding principals is the rule of law and individuals and governments are regulated by laws and not arbitrary actions. President Edgar Chngwa Lungu and no person or group is above the law. Instead of celebrating our heritage, identity, each others presence and respect pluralism and live in harmony, we are killing each…
Civilians in zambia have become so corrupt and moraly useless.Its time to whip then and teach them some manners.The law is supreme.evryone iam Bemba ,we are the Majority ,we can do what we want.wait ,you will test the salt if try and protest when the con court rules against you ask your chitmukulu we handled him Boma ni Boma.
He is just as useless as the lawyer living in State House on Tax payer account because he once said Minister should be allowed to carry out their function until after elections which has turned out to be a huge legal mistake of the decade in Zambia. Zambia has gone to the dogs for sure.