Heritage Party leader Brigadier Godfrey Miyanda holds a note and pen during the meeting to demand for the release of the draft Zambia constitution
FILE: Heritage Party leader Brigadier Godfrey Miyanda holds a note and pen during the meeting to demand for the release of the draft Zambia constitution

By Brig Gen Godfrey Miyanda

Your Excellency President-Elect, following your much publicised announcement that you are consulting your lawyers before you make a government statement on Monday 5th September 2016, I have decided to urgently publish this statement for your consideration. I am preparing an analysis of the Friday happenings and will issue that separately as this statement is rather urgent. The Constitutional Court’s decision to continue with the petition has been described by some as illegal and by others as unfortunate, compromised, coerced, etc. This may be true or may be true. What matters is what step you, Mr President-Elect, decide to take.

I previously wrote to you privately twice concerning the Constitution that you were about to Assent to. Even though you never responded to me directly, at least you disclosed publicly that you had received a petition from me. You elected to assent and did assent, which was your right and was within your discretionary powers. I am making another attempt to reach your heart and mind as I am very concerned about the situation confronting us and sense that this may have serious unpredictable security challenges and implications.

My statement has become rather urgent because of the scheduled date of hearing by the Constitutional Court on Monday 5th September 2016. I plead with you personally to make a decision that you will live with and not be saying later that this is what my lawyers advised me. The immediate situation, according to my opinion, is no longer a constitutional or legal one; but I also do not even believe that this calls for a state of emergency, since you have hinted that you will be making a “Government statement”!

I know personally most of the prominent lawyers in this Petition. I have great respect for all of them on both sides of the divide. These are men of great legal knowledge and stature. Some I have faced in my many legal battles. So my suggestion here is NOT meant to belittle your lawyers or cast aspersions on their competence; far from it. In fact I believe some on both sides of the petition would augment the Constitutional Court bench. The advice of your lawyers would probably be the best as regards the way forward. However the political ramifications are quite serious though unpredictable. That is why you should seriously examine the political fallout and long term stability of our young nation, rather than technical escape routes. This scenario invites strong political will and wisdom on your part.

I appeal to you to accept that the Petition goes ahead as scheduled on Monday 5th September 2016. My reasons which I respectfully petition you to take into account include, inter alia:

1. No hearing has taken place hence there is no basis upon which the Constitutional Court can make any final determination of the Petition.
2. If it is correct that the Constitutional Court has no longer any jurisdiction to adjudicate upon the Petition which they themselves have allowed to take place, then we have a very serious constitutional problem which cannot be left hanging in the air, namely that the Petition is still alive as the Petitioners have not withdrawn it.
3. Proceeding with the hearing in the way the Constitutional Court has arranged does NOT prejudice your case in any way:

i. The Petitioners will have two days, as will your side, to present your cases, which includes adducing cogent evidence to support each case.
ii. You are allowed to cross examine the Petitioners’ witnesses just as your side will also be cross examined if you give evidence on oath as a Christian.

Please consider my appeal favourably and thank you in advance.

By the way, your party cadres have reportedly camped at the Court grounds, presumably to prevent the hearing tomorrow. I believe the reports because I heard your Party Secretary General speaking during today’s lunchtime news, defending the cadre’s democratic right. What a contradiction. Now how is it possible that today it is a democratic right for your cadres to loiter around the Court grounds when the court is not even in session? Who has authorised aand encouraged them to loiter there? They are committing offences under the Penal Code.

If other cadres from other parties go and camp there what will be the outcome – another death? This is not only indiscipline but it raises serious questions about your control of the PF party and the selective use of the security services under your charge. Need I remind you of the James Skinner case which I believe you are aware of? Please refrain from the game of brinkmanship which has so far happened under your watch. You are not obliged to agree with me but make a decision you can live with. Please be careful of political praise singers. They always play the game of “Now you see them, now you don’t”!

Finally I believe that you, as a Christian, want the truth of what transpired during the last elections to be established so that our efforts at uniting the nation will be made easier. Please sir, I urge you to let the Petition continue and for you to stand up in Court, boldly and truthfully to give your rebuttal evidence.

May God richly bless you and guide you at this trying time.

GODFREY MIYANDA,
BRIGADIER GENERAL,
FORMER REPUBLICAN VICE PRESIDENT,
& LIFE MEMBER,
COMMONWEALTH PARLIAMENTARY ASSOCIATION,
ZAMBIA CHAPTER
[4TH SEPTEMBER 2016]

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132 COMMENTS

  1. Will Lungu’s lawyers withdrawal?? What are the implications of such a move?? And at what point does the Judicial complaints authority come in (if someone makes a complaint to them)?

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    • The President’s attorneys must withdraw and the case will be thrown out immediately. We have to proceed to inauguration and move our nation forward.

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    • You are dealing with someone who does not respect the constitution he will not listen to anyone. Do you really believe he is consulting his lawyers? What is there to consult just wait for the courts is it too much to ask? A little waiting won’t kill you . Sometimes l wonder whether there is another law school in chawama anyone knows?

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    • I ONLY HOPE THAT LUNGU WILL LISTEN TO THE WISE ADVICE THE GENERAL HAS GIVEN OUT OF LOVE FOR THE COUNTRY. LUNGU SHOULD SHOW RESPONSIBILITY WHICH SO FAR HE HAS NOT EXHIBITED. IF HE TAKES LIGHTLY THE ADVICE, THE CONSEQUENCES WILL BE GHASTLY TO CONTEMPLATE AS KK WOULD SAY. GENERAL WELL DONE. PLEASE GIVE A SIMILAR ADVICE TO THE BENCH.

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    • The petition was done out of malice and nothing else. We should now be concerned about how we can prevent malicious petitions in the future! Maureen Mwanawasa and now Miles Sampa have acknowledged that Lungu was rightly elected president of Zambia which shows that there is no case for the petition except out greedy and jealous.

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    • @ 1.2 carlos,

      Does HH consult hid lawyers when taking his actions?

      If HH is not consulting his lawyers on this matter the may be that tis why the case almost collapsed – as HH put it.

      If HH consults his lawyers as a plaintiff, then why should ECL not consult his lawyers when deciding on the next course of action.

      I have also heard people on your side saying if people genuine voted for ECL then should pf even hire so many lawyers, and why be concerned?

      Well, let me state exactly what that is. That is a total absence of reason, an absolute devoidity of rationale.

      Would you tell someone who has bought a nice car, to say “if you truly you are the one who bought the car, then forget about security alarm system – a thief won’t still”?

      You talk like you do not know that…

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    • Continued…

      You talk like you do not know that there are people in prison today who never stole what they were convicted for, just because they had no defence for their innocence, and so the thief stole their freedom.

      It is because thieves, who are obviously selfish individuals, that ECL must defend what was rightfully given to him by zambians.

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    • A BAIT OR ADVICE? DON’T HEED SON OF MAN
      ============================
      Don’t undermine Miyanda’s letter, it is suggesting a lot more than the eyes, ears, and understanding of a common man can imagine. Miyanda is trading dangerously hear; the tone of his satire packed rants in this statement is analogous to the the devil’s tempting encounter with Jesus when the later was weak from the 40 days break of fasting. Miyanda can be perceived as being on HH’s side going by how dangerous and conniving his little letter to the president sounds. What do courts do when a case handed to it has no evidence? This case is constitutionally time bound. I hate lawyers’ work but the President has capable advisers and when he speaks, the people will listen. Do not create a desperate situation out of…

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    • WE HAVE A CONSTITUTION CRISIS IN THIS COUNTRY SINCE THE PETITION WAS FILED BY UPND. ACCORDING TO ARTICLE 104 (3) OF THE CONSTITUTION, THE SPEAKER SHOULD HAVE BECOME THE ACTING PRESIDENT AND LUNGU SHOULD HAVE STEPPED DOWN. BUT THIS DIDN’T HAPPEN. THIS DEFEATED THE SPIRIT AND THE INTENTION OF THE CONSTITUTION TO ALLOW FOR FAIR AND FREE HEARING AND DETERMINATION OF THE MATTER BY THE CONCOURT. THIS CREATED A CONSTITUTIONAL CRISIS WHICH MAY LEAD GHASTLY CONSEQUENCES. UNFORTUNATELY NO ONE HAS TAKEN UP LEADERSHIP TO ADDRESS THE SITUATION, NOT EVEN THE CHURCH WHICH AS SOMEONE FAR ADOPTED A CASUAL APPROACH TO IT.

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    • General Miyanda,

      May I advise you, and I also hope you will take my advice.

      When making decisions over legal matters, make sure you base your decisions on the law and not fairness.

      The latter (fairness) is very important and it must always given first priority as long as it falls within the constitution and the law.

      Never be tempted to pursue fairness that causes you to break the law.

      The risk is this: when you violate the constitution in preference to fairness, should things go wrong as a result of your decisions, you are unexcusable.

      If you follow the constitution, God forbid that there be but, anything going wrong you will be covered by the constitution.

      Emotions are good, that is why God gave us. But regarding constitutional matters we cannot prefer emotions to…

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    • Emotions are good, that is why God gave us feelings. But when it comes to constitutional matters we cannot prefer emotions to the constitution.

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    • Gen. Miyanda, try to look at this situation another way. Think for a minute, imagine the EXECUTIVE (doesn’t matter who the President is) decides to IGNORE/ABROGATE any portion of our Constitution just so they can be SEEN TO BE FAIR, what will your STAND be then? So why should it be OK for the JUDICIARY/COURTS to blatantly ABROGATE the Constitution they swear to defend and protect just so they can SATISFY YOUR VERSION OF FAIRNESS? Why can’t you, in equal measure, see the UNFAIRNESS of this action/decision on the RESPONDENTS and the people who voted for ECL? It seems you can even acknowledge, at the least, the DANGEROUS PRECEDENCE this action will set for our Country!

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    • The HHs, GBMs, and UPNDs of this world will come and go, the Precedent set in this Case will live on and on, many decades after we are all dead and buried. So what do you want people to remember for when they think and discuss this Case then? As someone who SUPPORTED and ENCOURAGED the ABROGATION of our Constitution to suit a clique of LOSERS with canine-like appetite for Presidential power?

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    • State House says the President is consulting his Lawyers (any wise Litigant would react exactly the same way) and will issue a comprehensive Statement on Monday, the 5th of September. For you this automatically sets off warning blinkers in your head indicating a STATE OF EMERGENCY is afoot therefore the President deserves a VERBAL SPANKING from you. Don’t you think you are jumping the gun a little bit here?

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    • HH shows up at the ConCourt with a horde of unruly cadres, you say NOTHING about that. And yet you see a reason to castigate the President for the presence of PF cadres who are doing nothing but silently protesting half a mile away from the Courthouse. It is this kind of unnecessary SELECTIVE OUTRAGE on your part that makes you look like a CHEAP CADRE FOR HIRE instead of a SERIOUS OLDER STATESMAN. And you wonder why the President sees no sense in wasting his time responding to your WRITE-UPS.

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    • When a president is sworn in, he/she promises to uphold the constitution so help him/her God. The ConCourt abrogated their responsibilities in going against the constitution by extending the petition beyond the mandated constitutional time frame.

      The presidency should move in and uphold the constitution by moving forward with inauguration and proceed with the “people’s” business. Let’s get back to business! We have a country to build!!!

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    • Until the dust settles development won’t work……. same thing in marriage until all is discussed and resolved whether agreed or not nothing forth will work moving forward…..forcing someone to conceit defend is autocratic mind but allowing the person to accept defend is democratic by helping the person understand the situation…..imposing ideas, thoughts on people expecting loyalty is equally wrong and that is how African voting is characterised and one wonders why we still behind every continent….Voting should be about changing the future for better not bought leadership, buying people’s vote….my thoughts

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  2. Excellently said General.Everyone who is interested in seeing peace and unity in this country should allow justice to prevail.It’s only injustice that can cause chaos.

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    • But the motives of HH and GBM are not of peace and unity but that of confusion and anarchy aimed at advancing their selfish interests. Listen to all their endless press briefing aimed at winding up their members. Listen to all their pre-election statements, point at even one where you would say a statesman have spoke!

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    • @ Patriotic Zambian: additionally the public will have first hand info and can judge for themselves who is lying///

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    • Lungu is to blame for this fiasco. Why did he lead this KanCourt with lawyers whose past experience was property conveyancing? Mungeni was a judge with a track record of the infamous midnight Lungu consent agreement against Miles Sampa. Palan Mulonda was enjoying himself in Washington as ambassador to the USA. How can these inexperienced judges run such a powerful court? What a sham, what a charade!

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  3. Ba Miyanda na imwe. I’ve always taken you to be a brilliant guy, but you’re now letting me down with your narrow minded thinking. The Concourt is not required to make a ruling about who the winner is because its authority has expired. It’s just like no case was presented before the court. The decision of ECZ will stand. ECZ is the only body that passed a declaration within the law. Concourt declaration cannot stand whichever way because it is outside the law. Full stop.

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    • @3 UPFD: because there has been a challenge of the outcome of the election, the Court has to make a finding and declare it in Open Court after considering the evidence tendered before the Court.

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  4. THIS GENERAL IS AN EMBARRASSMENT TO ZAMBIA. WHY ANNOUNCE ON THE ROOF TOPS WHAT YOU ARE TRYING T ADVISE THE PRESIDENT? WHY CANT YOU WRITE THAT LETTER AND HAND IT OVER TO HIM OR AMOS. WHAT IS YOUR MOTIVE?

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    • Please read….he said he twice wrote, Lungu does not reply but acknowledged in one of his campaigns tp pne of his letters….. do be quick to speak….

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  5. Ba army guy be real this is why you are alone in your party,you think too much too little to consider serious. You want to sound wise when you not just go home and stop poking your nose in something you can’t understand and your options are dry and boring.

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  6. Ba Miyanda,
    What would your position be if UPND pleaded with the court to accept their petition after the expiration of the 7- day required period? Where you going to urge the Concourt to accept the petition? We can’t break the law for the sake of appearing fair.

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  7. Thank you brother Miranda. I remember the words of be George Kinda mhsrip SC who used to say “one day we have a constitutional crisis in Zambia ” . He was taken for fool and now his words are coming to pass. I also remember John Sangwa’s view over the qualifications of the co court judges, he was overlooked as well. I hope brother miyanda’s will not be overlooked as well. God bless Zambia, bless ecl, bless hi and the judiciary.

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    • id!ot, you think guns are toys huh? Why don’t you find something to do in life or just try making yourself usefull? It matters less what you do as long as it keeps you busy, even gardening is fine!

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  8. Thank you brother Miyanda . I remember the words of be George Kunda mhsrip SC who used to say “one day we have a constitutional crisis in Zambia ” . He was taken for fool and now his words are coming to pass. I also remember John Sangwa’s view over the qualifications of the concourt judges, he was overlooked as well. I hope brother miyanda’s advice will not be overlooked as well. God bless Zambia, bless ecl, bless hh and the judiciary.

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  9. Gen. stop thinking with your heart. Why are you asking or encouraging the President to break the law? In matters of this nature you don’t compromise and allow yourself to use your heart to make a decision. We have a constitution which must be followed to the latter. Not to long ago the ECZ refused to allow some people to file their papers because they reported late for nominations. Despite the lamentations these people were not allowed because those were the rules of the game.

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  10. Just wondering…….who will pay the respondants lawyers for the extra days? It is not their fault that the petition couldn’t be heard within the 14 days stipulated in The Constitution.

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  11. Miyanda what have you got against Lungu. Your lengthy discourse does not even refer to the fact that this so called Concord break its own laws. You could have been president before Michael Sata but because you’re so immersed in your Don Quxote dreams Heritage Party lies at Leopards Hill.

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    • Envious! The moment he started talking about cadres at supreme court the whole letter became useless. That bit exposed his true feelings why he wanted to write to the president, it was to take a dig at the president. Though it is my wish that PF cadres allow the court proceedings to go on smoothly tomorrow, the move they made from my own perspective was necessary to make a statement to the ConCourt in case they take people’s silence for granted to tramp upon people’s rights to choose their own leaders.

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    • @14 Ndanje Khakis:
      1. I have nothing against Lungu but something against the Constitution that he signed with his eyes closed.

      2. And you, what have you got against getting at the truth by hearing the evidence of both Hichilema and Lungu’s side? Don’t you think that it would be great for you to shout “we heard HH’s evidence and it was false” Or “they opened the boxes and recounted and found Lungu’s votes wrongly added to Hichilema’s pile?’
      3. Remove speculation by opening the boxes and recounting then///

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    • Iwe ret.Gen did you ever condemn HH when he said he will never accept results if he loses? Don’t be biased gen. Just endorse HH as your president not this rubbish. More over why post it here instead of taking it there at plot 1 whether the president responds or not. Are you also looking for sympathy? Remember the courts will never arsher in a president nor declare the winner. Those petitioners wasted time on petty issues instead of the main issue and we’re fore once warned of time. The prof did warn them of time but they ignored. Why didn’t you also warn them. Next time don’t complain on Internet but go straight to state house. It’s your right ret. Gen whether he responds or not.

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    • General Miyanda – Leadership gave you all the resources to put together a “People-Driven Constitution”. You did and presented it to leadership. Leadership presents it to you the people without alterations – and now you turn around and say he “signed it with his eyes closed”. That is exactly what we the people wanted him to do. The people, like you, who we entrusted with the responsibility, at great cost, to write the Constitution failed us, and now that your incompetence has been exposed, we the people are called upon again to rectify these defects – because the servants we employed to do this job for us have failed us. It is not Edgar Lungu’s fault – we asked that he signs this document “with eyes closed”.

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  12. General Miyanda (Rtd), even you yourself know that you want to invoke by your writing. Allow me to remind you too that you’re also building for yourself a legacy. Will you make posterity proud? The answer rests with your conscience!

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    • @15 Umwina Nkana: brother Nkana, my conscience is clear. I shall be proud when political leaders stop their cadres from intimidating judges. I shall be proud to hear President-Elect Lungu announce that as a Christian he wants the truth about the petition before the Court and that he will be ready to answer HH’s allegations with his own side of the truth///

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    • But ba General Miyanda RTD, you are encouraging the abrogation of the law in your statements here! What was the time frame in which the case should have been concluded? In one breath you encouraging the upholding of the law and in the other to the contrary. Why do I hve this feeling that your are a UPND sympathiser?

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  13. “Thou shalt not have in thy bag diverse weights, a great and a small. Thou shalt not have in thy house diverse measures, a great and a small. A perfect and just weight shalt thou have; a perfect and just measure shalt thou have: that thy days may be long in the land which Jehovah thy God giveth thee. For all that do such things, even all that do unrighteously, are an abomination unto Jehovah thy God.”
    ??Deuteronomy? ?25:13-16? ?ASV??
    “Thou shalt not wrest justice: thou shalt not respect persons; neither shalt thou take a bribe; for a bribe doth blind the eyes of the wise, and pervert the words of the righteous.”
    ??Deuteronomy? ?16:19? ?ASV??
    This is not for you guys we drink and insult for you will not understand this but this is for the wise the army commander,the zaf commander,the…

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  14. While General Miyanda ‘s open letter is sound and welcome it doesn’t deal with the source of the problem. The problem is that Lungu is using his Executive Powers to influence the outcome of the Concourt Petetion. The law is very clear once the UPND Petetion was filed successfully with Concourt Lungu was supposed to step down and formally handover the instruments of power to Dr Matibini,Speaker of Parliament as Acting President in transition in terms od the law.President Elect Lungu has refused to do so and is using stolen executive powers to Influence and interfere with the Petetion processes to his advantage. Lungu is now using PF cadre thugs to intimidate and harass the Concourt judges and force them to reverse their decision and declare him the Winner of these elections. Lungu knows…

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    • That’s where UPND lawyers lost it. They were too focused on Lungu handing over power as if that’s whent heir evidence will be more credible. They should instead have been working on producing a water tight case which would stand against all odds, e.g. when you suspect the referee of being biased, play the game in such a way that you don’t give him any room to disadvantage you.

      The petitioner lawyers accepted that there were different understandings of the two articles & are waiting for the court’s guidance. If Lungu is found wanting, he’ll face the consequences alone.

      And after winning the case, you can then sort out those preliminary issues, after you’re already in power.

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    • @17 Chibwe: 1.The real issue is for a hearing to take place; without that there cannot be a determination of the petition by the judges seised with the case. If there is no determination then the matter remains hanging in the air as the petition is alive since the Petitioner’s have not abandoned it.
      2. I doubt that the midnight clock nullified the Petition. There is nothing in the Amended says so. But article 18 of the Constitution CAP 1 grants citizens the right to a fair trial in reasonable time. You cannot lead 22 witnesses in two hours, including cross examination and re-examination. Then there were about 70 witnesses on the side of the Respondent’s to be examined, cross examined and re-examined///

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  15. This is what I believe is the right thing to do as well, this in fact, should be so seeing it is the fought of UPND but that of the people sworn in by HEPE Mr. Lungu.

    I take it that, under normal circumstance the president elect, must apologize tomorrow for giving us, such unprofessional lawyers who has since put this nation under constitution lacuna. after this will not be the first one under the leadership of our president elect HEPEL. Not with standing the fact that, since they were appointed by him. It is under obligation to step down on moral grounds or allow them, to do their job in distortion and later lone, who ever becomes president, bring these judges to a tribunal to determine the way forward regarding this gross misconduct. I rest my appeal

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  16. General we are not refusing hh and GBM to be present their petition they had 14 days to present it and ECL to reply but the petitioners could not do it so the door was shut by the constitution not any person so anything beyond 14 days is like throwing out the constitution that is what is making some us afraid by this precedence from the concourt if the court can not defend the constitution they swore to defend will complain when the president or any other person abrogates it. There is no compromise on defence of the constitution it is the only law that helps us enjoy our rights.

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    • @19 Petson: I attended Court on Friday from about 09.30 till 23.57 when the Court granted the application to adjourn to Monday. Their application was made BEFORE midnight around 23.15; the ruling was delivered at 23.57, that is BEFORE midnight. Even if the jurisdiction of the Court expired after midnight I do not accept that the Petition has expired by the effluxion of time; their petition still subsists. If the Petition is not abandoned but the judges have no jurisdiction (which I do not agree with) who will handle the case? This is a ridiculous state of affairs. Is this what you term a constitution to stand the test of time? Zambia twasebana (borrowed from the book “Africa Twasebana” by Simon Mwansa Kapwepwe, late).

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  17. Ba miyanda I will lose respect for you now….these things are straight forward….its the constitution we are talking about…..14days have elapsed .we are tired of waiting. Cant you see that HH and his fat madumbo don’t have evidence they are just wasting peoples time. Imagine your lawyer leaving you alone…..that means they have seen the stupidity of the 2 mambalazi.

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    • @20 Rajidisax:
      1. Respect is always earned. You have judged me now but I shall be patient and hope that in due time you may reconsider your position after you grasp what is going on.
      2. How do you know there is no evidence? The Court Record shows 22 witness lists for the Petitioners and about 70 for the Respondents. I attended Court last Friday throughout the day from 09.30 and left after midnight///

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    • @20.1 Chisenga: HH and GBM have not refused to enter the ark; in fact they entered it first by filing the petition and will still be in it on Monday 5th September 2016; I hope ECL and his Running Mate will join them; he has not been attending Court!

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  18. On PF cadres at court grounds, its illegal act to loiter & consuming Alcohol on un gazetted premises for that purpose. Lusaka City Council should prosecute them & this is not the duty of Zambia Police. The petitioners have got the right to be represented by any lawyer of their choice. There is nothing wrong with extension of time within time limit. Respondents too have the right to prompt justice which comes within the stipulated time limit rather than imprisoning their minds with uncertainty because justice delayed is justice denied. The petition is statute barred the fact that the application for extension of time was made & granted at expiry of time and any verdict may prove to be ultra-vires because there is reason for time limit.

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    • @21 True Zambian: I was in court from 09.30 to after midnight. I do not know where you got your information from. HH finished his application by about 23.15 and immediately the Court retired to consider their decision. They returned at 23.57 and delivered a short ruling before midnight.

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  19. General Miranda,

    May I advise you, and I also hope you will take my advice.

    When making decisions over legal matters, make sure you base your decisions on the law and not fairness.

    The latter (fairness) is very important and it must always given first priority as long as it falls within the constitution and the law.

    Never be attempted to pursue fairness that causes you to break the law.

    The risk is this: when you violate construction in preference to fairness, should thing go wrong as a result of your decision, the consequences are heavy and unexcusable in you.

    If you follow the constitution in your decisions, God forbid that there be but, anything going wrong you will have the covering if the constitution.

    Feeling are good, that is why God gave us feelings. But when…

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    • @23 Peace for Zambia: 1.Thank for your advice which I have taken note of.
      2. Here is a verbatim quotation from Act Number 1 the Constitution of Zambia Act, 1991: Article 18 (9) “Any court or other adjudicating authority prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such a court or other adjudicating authority, the case SHALL BE GIVEN A FAIR HEARING WITHIN A REASONABLE TIME”. This is from the current Part III which you want to change///

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    • @23.1 Godfrey Miyanda,

      I am honoured to get your response, Sir. You are one of the people are highly respect and as such I always pay very particular attention.

      Now, regarding Article 18 (9) of 1991 of the bill if rights (which of course still remains current as the bill of rights has not been amended),

      Which of the following do you think that by “REASONABLE TIME” the constitution implies with regard to fair treatment:

      a) Give the maximum possible time as provided by the constitution where a time limit is stipulated by the constitution, to ensure the case is fairly heard?

      b) Exceed the maximum possible time stipulated by the constitution, in case the plaintiff has not managed to present the case within the time limit to ensure the case is fairly heard?

      Sir, this is…

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    • Continued…

      Sir, this is not meant to challenge your views but learn from you. As already I value your writing and am a keen follower.

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  20. Feeling are good, that is why God gave us feelings. But when it comes to constitutional matters we cannot prefer emotions to the constitution.

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  21. A BAIT OR ADVICE? DON’T HEED SON OF MAN
    ============================
    Don’t undermine Miyanda’s letter, it is suggesting a lot more than the eyes, ears, and understanding of a common man can imagine. Miyanda is trading dangerously hear; the tone of his satire packed rants in this statement is analogous to the the devil’s tempting encounter with Jesus when the later was weak from the 40 days break of fasting. Miyanda can be perceived as being on HH’s side going by how dangerous and conniving his little letter to the president sounds. What do courts do when a case handed to it has no evidence? This case is constitutionally time bound. I hate lawyers’ work but the President has capable advisers and when he speaks, the people will listen. Do not create a desperate situation out of…

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  22. “Thou shalt not have in thy bag diverse weights, a great and a small. Thou shalt not have in thy house diverse measures, a great and a small. A perfect and just weight shalt thou have; a perfect and just measure shalt thou have: that thy days may be long in the land which Jehovah thy God giveth thee. For all that do such things, even all that do unrighteously, are an abomination unto Jehovah thy God.”
    ??Deuteronomy? ?25:13-16? ?ASV??
    “Thou shalt not wrest justice: thou shalt not respect persons; neither shalt thou take a bribe; for a bribe doth blind the eyes of the wise, and pervert the words of the righteous.”
    ??Deuteronomy? ?16:19? ?ASV??
    This is not for you guys we drink and insult for you will not understand this but this is for the wise the army commander,the zaf commander,the…

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    • PF has already won based on majority votes. The onus is on HH to prove otherwise and hus lawyers wasted 14 days on nonsense. Whoss fault is it?

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  23. I think being in the army messes with the head. Why this personal vendetta against Lungu?? Is the President not duty bound to protect and defend the Constitution? Lawyer Chipimo put it clearly that a petition brought under the initial ballot as per Article 101 does not require the Speaker to step in.HH and his lawyers know this that is why they have not actively pursued this but HH is deliberately confusing citizens same as what he did on Referendum. An evil man!
    Now should the President support abbrogation of the Constitution by those who must uphold the same?? Wrong is wrong general, even a Grd 7 can see its wrong. If u support illegality now, then throw away the entire constitution. It is of no use to u or any Zambian!!!!! Rubbish!!!

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    • @28 : 1. Lawyer Chipimo has been quiet when these ConCourt battles have been raging for some time now. Pse take note I am NOT discussing Article 101; besides I litigated over the Speaker issue and this is pending judgement in the ConCourt so I cannot debate it.
      2. Am NOT debating the Referendum. 3. The President-Elect, as President, abrogated the Constitution when he advised Ministers to stay in office after dissolution against the advice of the Attorney General, I criticised that and was vindicated when ConCourt ruled President offside. 4. Pse try to keep to the topic at hand///

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  24. General Miyanda you do not cite the Constitution in your letter to the President-elect. You want the President to act outside the provisions of the Constitution, because according to the General, this is more logical and common sense. This is not Edgar Lungu’s Constitution as you, General, have seemed to imply. You, the people, put this confusing document together and some of you made careers and retired at the conclusion. Pressure by, you the people, was put on the President to release and sign this document. He did, and today HH is enjoying it. Your animosity and your mockery, General, of the President is scary and reminds me of one Pastor who has just run out of his mind.

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    • @29 Observer: 1. The article is NOT an analysis but an appeal for him to consider accepting the decision hence no citations. Take note of the numbered points or bullets they ARE the point of discussion.
      2. I was not one of those who pressurised him; instead I advised him privately NOT to assent with his eyes closed: Lusaka Times Archives 23rd Dec 2015. He did not respond to me directly.
      3. I am very stable and harbour no animosity towards other humans. Stop your hate messages otherwise you end up with ulcers and BP///

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  25. Gen the worry I have is on what basis are they going to proceed with this case. Articles 103 & also 269 are crystal clear on the length of the hearing of petition. It’s a straight jacket as the Concourt said themselves. After all in unlikely event that the elections is nullified within 30 days we shall be back in the polling booths. You can’t stop applications coming in for the respondents lawyers in similar fashion as the petitioner. Should this case just continue without regard to the good of the Republic.

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    • @30 Olemba: 1. I think we are NOT on the same page; at this stage article 103 does not arise; and there is NO article 269 in the Amended Constitution.
      2. Last Friday the Court allowed the petitioners to lead their 22 witnesses for two days from this morning 5th September to 6th; then the Respondents will call their witnesses , about 70, on 7th and 8th Sep, unless they raise objections to the hearing.

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  26. Ive a problem with a generation of elderly people that teach hate, bitterness & pettiness. 1stly Gen. no politicians of your generation had courage to give us a progressive constitution to move us from colonial era. No 1 said its perfect. Before even 1 year passes you already judging & bullying President just because you’ve a platform on social media. What happened to celebrating achievements as a country? What happened to encouraging rather than ranting on a seat of mockers? What value do you think you’re adding to already volatile situation? What exactly are you passing to next generation? Do you even see your pettiness Gen.? Like you desired for progressive Bill of Rights you just want to see President fail because you dont like him. How pathetic!

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    • @31 The Chosen One: Fr Joe Komakoma once described your type of contribution as Argumentum ad Hominem; sorry I do not join such. But if you read the article again, understand the topic and show where you disagree with me I will gladly respond/////

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  27. The concourt judges are pathetic law amartures who can’t see what is white and black. They should be fired immediately after the petition.

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  28. Miyanda u sound learn to keep quite. When u were Vice President under Chiluba u were quite when Chiluba & some Ministers were bussy stealing in broad daylite. Why do u talk so much on Lungu? In yo time with Chiluba u changed a constitution weeks b4 an election just to bar Kaunda. U did not speak. In yo time Chiluba (and hh) were lotting parastals, we did not hear yo voice. Chiluba was sending Ministers with suit cases to Bank of Zambia to fill them up with cash, we did not hear yo voice. U & Nawakwi were in such Govt. We head nothing. So please, learn to keep quite. We disagree with u.

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  29. CONSTITUTIONAL CRISIS OR LACK CAPACITY ON ACCOUNT OF PETITION AND PRE-PETITION DEMANDS OVERLOAD
    ==================================
    We do not have a constitutional crisis but a bunch of lawyers trying and struggling to make sense out of concerned clauses from one piece of document (Constitution) which was just amended. The unreasonable application of trivial demands that overshadowed the main petition on one side and the limited time th Conlaw imposes on the other are the mistakes the petitioner will have to blame. Miyanda thinks that the Concourt was going through the document at the time it was assented to, through the time we were campaigning to the petition day. The Concourt was merely caught napping. They too needed time to figure out the petition at hand. I think this case will end…

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  30. If Edgar Lungu allows this Concourt to continue most people will even have more respect for him even from the opposition. It will show him as a man who believes in justice. And it will show a beginning of a new era for Mr. Lungu that he is his own man and not the one they saw in the last term.
    Lets wait and see.

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    • @35 Trigo: when he signed the Amended Constitution he officially baptised Zambia as a Constitutional Democracy; if he does what you are suggesting he will be appreciated only by the naive and those who are supposed to pay back the money they got when they obeyed his illegal instruction to continue in office after dissolution///

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    • 35.1 Godfrey Miyanda, i agree with you especially the first part, ECL was courageous enough to sign the amended Constitution and going through with the petition will prove to the world that he has great faith in the constitution and the impartiality of the judges he appointed as well as faith in ECZ as an independent and professional institution. This will bring about a respect for him even by those who are opposed to him. He will have more people in support of him and his presidency and he will be perceived as a fair man. This is his defining moment.

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  31. Trigo or whatever your silly name is. You must have respect for the president don’t address the president like your grand father. Say HE the president ECL

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    • Bemba Boy may be Edgar Lungu is my grand father so what is your problem.. …You just like my name, whatever you call it am proud of it..be analytical dont show show your ignorance here just put up your argument..

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  32. Why are open letters being written on social media. Why not send a letter to his house, I am sure President Lungu will accept a letter of advice from Brig. general Mr Miyanda.

    I also question why citizens are being forewarned about a possible action by President Lungu. The idea that any truth about the elections will come out of HH. And GBM is risible. All observers have stated the elections were transparent and fair. Numerous international leaders have accepted these elections and passed on congratulations. The truth is that the petition was badly conceived, there is doubt that it is based on evidence. There are poor standards in procedural observation by HH’s team. There is a serious issue of Concourt interpretation of our current constitutions provision this type of…

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    • @37 Patriot: 1. Why you are sure? I wrote directly to him two letters which he never answered but announced on ZNBC TV that he had received my petition but was going to assent ANYWAY. He had indicated in Kasama that he was going to sign the Constitution with his eyes closed. I advised against that because there were and are issues in the Amended Constitution. If he had read we may have never been where we are today. See 23rd Dec 2015 Lusaka Times Archives. 2. The truth I am referring to is the evidence which will prove HH’s or ECL’s rebuttal. These will put an end to endless finger pointing. ///

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    • The petition is ill conceived as it is dependant on manufactured evidence and can not pass the credibility benchmark at law.Anything deliberated after the constitutional time frame is a nulity.

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    • Anyway ba Brig Gen…the Concourt has ruled and the petition has been thrown out, so spare us your rantings!

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  33. What about his rights as a respondent, dont they matter? Why must courts break their own rules as well as the law of the land in this petition. Old man you are just playing to the gallery. There cant be one law for under five and another ecl. Just shut your mouth and i dont think ecl replies to letters in the press. No statesman does that.

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    • @38 Chile: 1. Both parties have two days each to make their case. Your man must not be afraid to tell his side of the story.
      2. You think wrongly; he answered me on ZNBC when I had written privately to him. I never received the actual reply.
      3. Surprise; foul language from a decent mouth? Repent and remain blessed///

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    • @ 38.1 Godfrey Miyanda,

      Sir, I wish to argue here.

      That those who are saying the ConCourt not in order to hear a case that has legally expired are not afraid to tell their story.

      It will important to understand these people that what they are saying is that it is wrong to abrogate the constitution and break it in the name of making one person feel fairly treated.

      Where the constitution has stipulated limiting guidelines, fairness will be implied to fall within those limitations. Otherwise they will be no law.

      In this case, the only thing the ECL and team might fear is to disregard the constitution by allowing a ligally expired case to continue.

      So, Sir, what do you imply by saying “tell your man not to fear…”?

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  34. PLEASE GENERAL(RTD), VICE-PRESIDENT(FIRED)
    NOW I SEE WHY I COULDN’T FIGURE YOU OUT

    THE TOPIC IS ABOUT THE CORRECT LOGIC AND NOT THE CORRECT EMOTIONS

    JUDGING YOUR LETTER, MANY WOULDN’T TAKE YOUR “ADD +VICE”

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  35. The General, I have a lot of respect for you. The late Christon Tembo was sure a better leader, hence the party he formed is alive today.

    The way you allowed Chiluba to push you around says a lot about you, first as a person, your school, your belief & values, let alone the legacy you will leave behind.

    The concourt can reconvern only to do that which is legal, allowed in the constitution & its own statutes.

    After which it must formally dismiss the petition due to time limitation set by the supreme law of the land.

    It’s quite embarasing to read the general’s advice to the president. He wants the president to promote illegality, what a general?

    General, if you have any other grounds for such advice, let the nation know.

    It is more safe to follow the constitution, make…

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  36. Ubupuba being exhibited here is extremely very high. This no time to think like a kabova but a scholar.
    Lungu is in no position to think through the consitutional fix we have. He will come out with a big stick to appease his bandwagon.
    This country will again explode because of fear.
    if Lungu is with Jesus, he has nothing to fear. Concourt can never harm whoever is with God.

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  37. Ba General,
    Your letter lost all credence with your closing comment on the lunatics drinking in front of the court. It shows that your advice is not given in good faith. You just had to spoil it with that.

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    • @43 Ba Folosho: the cadres posted a statement that they will physically prevent HH and GBM from attending court; read the statement on LT. They have also invited other cadres from all parts of Zambia to come and disrupt the court proceedings. Do you approve of this? Since they were in full view of the Police we cannot be blamed if we conclude that their acts are officially sanctioned///

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  38. General Miyanda, I think that you can still be useful to this process by using your experience in oppisition politics to impress upon Hakainde Hichilema that accepting defeat does not make him less human than ECL or any other Zambian citizen. Tell him that you have given up standing as presidential candidate because people have rejected you several times. I think that is the best thing you can do for mother Zambia.

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    • @44 Terrible: what a terrible and unrelated contribution. Petitioning is provided for in our Constitution as well as in the Electoral Act.
      2. Further the ECZ Rules actually state the the election is NOT over just because the ballot stage has passed. It states clearly that the election process will only be concluded at the end of the petition process – The ECZ Act as read with the Constitution///

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  39. Two (2) Rich greedy people are hold Zambia at ransom period if only HH.would learn from his mistakes and move forward. HH embracing PF hooligans who hijacked UPND and made him believe that he would win elections. This wouldn’t have happened one thing is that HH can not force his way to be president its done through the ballot 3 provinces is not a ticket to be president. This greediness is now costing Zambia and the tax payers money which can be used in other areas that are in need of much development. This is so uncalled for ECL too is dancing to UPND like he doesn’t understand the constitution all in the name of transpirate which is cost the nation please lets unity and accept the outcome of the election and move on this is not drama its a country you all playing with.

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  40. Ba General Miyanda No one is above the law.The constitution clearly states that within 14 days a petition Case should be concluded.It is totally illegal for the extension of days.Lets follow the laws of the land and not our selfish interests .The fact is UPND lost the 2016 elections period.Whatever there will be doing a the concourt between Monday and thursday is now and void.

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  41. Whatever the Constitutional Court will entertain after Friday 2nd September is illegal and therefore an academic exercise. If a court set up specifically to uphold the constitution is itself abrogating the constitution, the judges concerned have to be removed for gross misconduct and for working against the interests of the nation. It is as simple and straight forward as that.
    As it stands, Lungu’s inauguration can proceed and there is no legal nor constitution pronouncement the Concourt can issue against such a move as they will not be backed by the constitution and the laws of Zambia. To highlight the absurdity of the move the Concourt has taken lets look at this hypothetical but probable scenario;
    Lets say the Concourt was to rule that a rerun would be necessary as a result of the…

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  42. @23.1 Godfrey Miyanda,

    I am honoured to get your response, Sir. I highly respect your views, and as such I always pay very particular attention.

    Now, regarding Article 18 (9) of 1991 of the bill if rights,

    which of the following do you think that by “REASONABLE TIME” the constitution implies, with regard to fair treatment:

    a) Give the maximum possible time as provided by the constitution where a time limit is stipulated by the constitution, to ensure the case is fairly heard?

    b) Exceed the maximum possible time stipulated by the constitution, in case the plaintiff has not managed to present the case within the time limit to ensure the case is fairly heard?

    Sir, this is not meant to challenge your views but learn from you, because I value your writing.

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  43. Gen miyanda. In as much as I appreciate your commitment to good governance, I must also state that, even if lm mostly in south Africa, iv followed most of your articles here starting form HE MCs (mhsrip) to HE ecl. Be it I’m in the PF camp, iv found your articles to be one sided as you only advice and criticise the government or the Presidents. Let us also be mindful on the fact that you are also in opposition leading a political party. How are we sure you not simply smartly teaming up with your fellow opposition? HH declared in June that he was not going to accept the result should he loose, I stand to be corrected as I never heard your voice. All you keep repeating is the signing of constitution with eyes closed though you know it was Just a saying with a deferent meaning. I for one…

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  44. This man is completely bonkers! Please retired president general, find something worthwhile to do with your time. You are such a bore. Prof. Ndulo on the other hand has written a very good article from which you steal the arguments you pushing to the President of Zambia. Please get a life, duh!

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    • @50 The True General: I am shocked and embarrassed to read your allegations that I have plagiarised Prof Ndulo’s paper. You were asleep when you posted. I posted my article on 4th Sep 16 and marked it urgent because I wanted it published in time and before President-Elect had issued his statement. The Professor’s is posted on 5th Sep that is why it appears above mine. Be ashamed that you are too quick to judge and yet u come up with false alarms. Your comments are not only anti social but are defamatory of me. Keep this medium a social page for cross pollination but stay away if you are looking for people to quarrel with instead of debating. You are NOT forced to read my boring articles///

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  45. Continue
    I for one will only take you seriously once you desband your political party and be an analyst otherwise you Dont trigger me as a genuine but just politicking, one would even suggest that nor wonder why the presidents Dont respond to you as they take you as just an other opposition leader like Dr Nevers mumba
    I thank you General

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  46. Question yabupuba ifwaya answer yabupuba. Ba miyanda kuti walemba letter yabupuba ulefwaya answer nshi? yabupuba nagu politely no bwesha. which one is better.

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  47. A sensible person of miyanda’s sort should just support the government of day which got majority of the voter’s. Reason being miyanda is no longer a contender in these politics any more. Even if he had to come back to politics he can’t make any meaningful return really. Support the government of day miyanda unless you also believe the votes were stolen!!!!!!!!!!!!

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  48. Miyanda is just a fool. It is not ECL to allow the concourt to go ahead or stop. It is the Constitution we have my dear. You are still in the Kaunda era were what ever the President says goes. No we are in a different dispensation my colleague.

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  49. Wow I’m relieved that the petition has been thrown out and rightly so … but allow me to salute you, the General, for your bravery even in taking time to respond to people’s comments here. You’re a real and tested soldier indeed!

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    • Some of us knew ati ba HH and ba Mwamba kuwayaya fye…time for governance wasted by bitterness, malice and petty jealous just! It’s time UPND to go to a convention now starting from Presidency, all positions are to be subjected to election. You keep making a good party founded by the great son of the soil Andy the great!

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  50. @54 Umwina Nkana @ ALL BLOGGERS:1. @54: naine ndi Mwina Nkana, from KMB (kemubi), to Buchi, to Kwacha. You had BP am sure but now you are relieved.NOW GET READY FOR THE IMF MEDICINE.
    Actually it is my practice to respond to bloggers, except those who depart from the topic and those who become personal. It was a good exchange but the ending, I still have issues, serious national concerns.
    2. @ALL BLOGGERS: There is now no need to continue with the debate; The Con Court has swept the carpet off our feet. I will now move to the next topics which are many.
    Enjoy the rest of the day and remain blessed: AM OUTTA HERE///

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    • Gen. I know that the debate need not continue but I have noted one thing in your last submission that has made me feel I wish I had not participated in the debate.

      It has made me feel I should not have even asked the questions I asked you.

      You have made me get a sense of feeling that I wasted my time.

      Your statement that “NOW GET READY FOR IMF MEDICINE” has

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    • @55 Godfrey Miyanda,

      Gen. I know that the debate need not continue but I have noted one thing in your last submission that has made me feel I wish I had not participated in the debate.

      It has made me feel I should not have even asked the questions I asked you.

      You have made me get a sense of feeling that I wasted my time.

      Your statement that “NOW GET READY FOR IMF MEDICINE” has made me feel that your argument was not based on an objective view of the law and the constitution but on a politically biased view which had an inclination to seeing things go against the president-elect.

      To others this part may mean nothing but to me it has completely changed my view of your arguments from this point on. Even when I have position I love to be driven by objectivity, but I have…

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  51. @55.2 Peace for Zambia: I penned off so I ddnt see your last posting. I don’t understand your complaint. I addressed two @54 Umwina Nkana and the rest of the bloggers whom I addressed as @ALL BLOGGERS.
    1. First I was appreciating @ 54 Umwina Nkana for his kind remarks which you have now spoiled. I was expressing some humour that now although he “won the ConCourt debate” the next problem is the IMF are here with their bitter medicine. Why should u be annoyed with me for stating a fact?
    2. Then I addressed all the bloggers (@ALL BLOGGERS) to thank them for participating. Is this wrong?Why are you offended about this? Others don’t even bother to answer. Any way please don’t reply as I am penning off now. Have a blessed nite///

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    • @ 56 Godfrey Miyanda,

      Hello sir,

      No, no, no. I cannot hate you. We do love and respect you big man.

      Good you have made effort to make response to the issue.

      You see, we were analysing the election petition and the constitution, and the activities round the same premises.

      Thst is what formed the premises of our discussion, and any facts that we needed should be related to that very context.

      But for you, after seemingly arguing from what looked like an objective point of view, you showed that you were moved by matters outside the topic to decide on you position.

      I say so because IMF was not related to the topic, and thus even though it was a fact it did not add to the objectivity of our argument. In stead it would only bring about subjectivity, based on preferences…

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    • Continued..

      Imagine if, though it was a fact the HH who claims he wants to serve the zambian people insulted Bangwe Navile of ZNBC when asked regarding the villagers he displaced in southern province in preference to his cows, I brought that fact in the equation.

      Would you have said it is fine since it was a fact? Would we be objective if we went that way?

      I have brought this example to explain and contrast your view.

      So I don’t hate you but, I have lost the thought that I held, that you were objective in you discussions.

      Now, I will be very careful taking what you say, knowing that there could b a different standpoint than sees the eye.

      Anyway, I cannot forget that you are a politician, of course I will still continue to believe that there are politicians that can…

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