By Katele Kalumba, Dr.
“Any such matter as may not be handled properly or covered adequately in a constitution or any other law remains a preserve of the people.”
My submission during the constitutional conference and remains my principled position.
It underpins the fact that real power remains in the hands of the people. Without this thought, constitutional development would not be possible.
In our current position on the matter of who won and should be inaugurated, the law has failed to be handled in accordance with the small powers ceded by the people to the Concourt.
The people’s voice as declared by another constitutionally mandated organ of State, principally responsible for elections, the ECZ, must prevail as the only expression of their substantive will.
There is no competent authority upon the Concourt can proceed. That would constitute judicial activism contrary to the will of the people who gave themselves a constitution.
For failure of the Concourt competence, the declaration by the ECZ remains unchanged and any exercise purporting to challenge it was and remains fictitious.
The principle upon which I rest is an old one. “Fictio cedit veritate, fictio juris non ubi veritas” (Where there is truth, the fiction of law does not exist). Stay still so asks the Lord.
I cautioned about experimenting with the law and politics and the dangers of judicial activism.
It involves interpreting into the constitution what the people never meant when they wrote the constitution.
Let our legal team respond like the waiter described in one of the posts. Steadyfast after carefully studying the constitutionality of Concourt decision.
The pleadings of HH were political and he appears to have moved the court to take into consideration, not law as such but policy driven by assumptions of “fairness” fictitiously sneaked into constitutional interpretation by their decision.
The PF legal team must now take the matter at this platform of thought where HH has shifted the Concourt to role play. It is a new theatre of ambiguity, with due respect to my learned community. This is politics, full stop. The law simply registers politics into rules.
In legal terms, it would be useful to read jurisprudence than constitutional law and administration. We may be safer.
The Concourt is positioning itself for recognition as having set precedence. If they set wrong precedence as it appears, who shall overturn it?
My head is spinning with thoughts I am constrained to express both in law and politics. So I must stand still. I have watched too much in these areas.
Clearly Katele Kalumba has rotten brains.
If katele has rotten brains then you don’t have any at all. Sometimes it helps to debate without emotions.
@1.1 shooterz
Really? Why do you think so? Please explain.
@1.1 shooterz
While we cannot help but recognize that the case before the Constitutional Court is of a political nature. That said, however, we cannot proceed and surmise that it is there for political reasons. It is there in search for justice. The Petitioners are looking for justice. The ConCourt is not a political platform. It is not what it is. We should expect Katele Kalumba, if he has any brains at all, to know that. HH’s pleadings before the Constitutional Court cannot be said to have been political. In what sense could they have been? Is Katele Kalumba oblivious to the reason why courts exist? When he was sick several years ago, could we have said that he, Katele Kalumba’s stay in the hospital was political? Akin to hospitals, courts exist for a different reason, not politics…
Continued:…..
@1.1 shooterz
Akin to hospitals, courts exist for a different reason, not politics. Please let me hear your reasoning for your stance above.
@1.1 shooterz
Corrected: We cannot help but recognize that the case before the Constitutional Court is of a political nature. That said, however, we cannot proceed and surmise that it is there for political reasons. It is there in search for justice. The Petitioners are looking for justice. The ConCourt is not a political platform. It is not what it is. We should expect Katele Kalumba, if he has any brains at all, to know that. HH’s pleadings before the Constitutional Court cannot be said to have been political. In what sense could they have been? Is Katele Kalumba oblivious to the reason why courts exist? When he was sick several years ago, could we have said that he, Katele Kalumba’s stay in the hospital was political?
Going by the way he’s expressing himself yes. Weed
I AM WAITING FOR GENERAL MIYANDA!
Just to be heard that he contributed. Sometimes, it is better to stay quite?? the 14 days mandate is not just realistic. it is the hunger of Zambian politician who only want to be inaugurated as at yesterday. see USA, the president elect is only inaugurated after about 45days.
This Con-court seem bias and in favor of PF. all this is just propaganda and waste of Zambian peoples money. Come Monday you will see that they will throw the case so that they meet the Tuesday inauguration deadline. Zambians should say NO to this and LET LUNGU wait. we want Justice and Fair well heard trial.
Well said Katele. I couldn’t agree more
Another Zambia who ‘Knows it All’ but in reality knows ‘F*** All!’ Thats the Problem with Zambians, good at talking but thats about it. Katele Kalumba, it doesnt matter what your Opinion is, because the outcome will be decided by the Constitutional Court…. Not You.
“My head is spinning with thoughts I am constrained to express both in law and politics.”
Your head did not spin when you stole tax payers’ money, convicted looter! You must be last person to comment on national issues.
HH needs his head examined. The chap has no life; if he had one, he would have already hit the road to lick his political defeat wounds.
Shouldn’t Katele be in prison? Why does Lungu only get support from criminals and people with questionable backgrounds?
KAKA you are very right. Since the court have also joined the political fray, let all peace loving Zambians gather at the Supreme Court building to stop these illegal concourt sittimgs and protect OUR constitution.
Katele Kalumba, the Witch of Luapula, had women up from being boiled by his wizards and is spewing forth morals of his stoopidity. Who exactly were the framers of the PF Constitution, other than Simbyakula and Lungu? These PF characters mutilated the national draft constitution to include what they claimed were non-controversial clauses. And now see the mess they have put themselves and other Zambians in. The bottom line is that this PF Constitution, and its offshoot KanCourt (Kangaroo Court), are the stoopidest things to come out of Zambia in its 52 year history.
In agreeing with Dr Kalumba,con court has now plummeted the integrity of judicial and justice dispensed to depths unknown. Henceforth every judgement by con court will be received with skepticism.
It is the constitution that is flawed: the ConCourt should have been subordinate to the supreme court. Come to think of it, where will the misinterpretations of the constitution by the ConCourt be deliberated? Checkmate Zambia!
@1+1, Very true… And when this ends, we should move to amend the Consitution. If we face a problem of denoting the Court, we can at least give the same Court powers to review their own decisions on appeal, if that wouldm make sense since self review has already been set as a precedent in rescinding their decision to end trial on the 2nd Sept & extending to the 8th instead.
@The DarkSide, rather be the Light. U exhume sense…
I knew nothing good could come from Katele.please be wheready you sir. This is one biases areticle even though it seems you trying so haRd to make it sensible. And Panda that suggestion can only come from the unpeaceful Zambian’s which I think you are one.
Its when he was finance minister that thieving in Zambia was legalised, he wants that scenario to continue ! ECZ the institution mandated to conduct elections is rotten, does this Katele live in Zambia or its just that his criminal mind is addictive?
@Keen follower, do you live in Zambia yourself?
Iwe chi katele the courts are ruling on a political matter. So when a politician takes the stand he is going to make politically inclined pleas. This is only common sense. Wake up. Thought u had special powers kikiki
This is what happens when you adopt laws from a language you don’t understand. Poverty in Zambia is too much, capitalism is an excuse to loot and suppress hard working people. HH and GBM are in privileged positions and taking advantage of Zambia’s weak judicial system. Zambia will never develop if we set ourselves this dangerous precedence of politicising every aspect of our systems. We need to draw a line otherwise the people will take the law into their own hands and take their country back by any means necessary. It happened in Europe so I don’t see why it cannot happen in Zambia. Besides, it’s Europe’s blueprint that we tend to struggle with and often diluted with a hint of a Zambian flavour as is the case with the ConCourt.
Wasting our time. ECL be inaugurated we develop zambia
ba kawalala….
Harry Kalaba next President 2021…we shall install him like a chief….no one candidate in our national party however
@Mjb
I live in Zambia and Infact, am not Zambian but Zambia itself. I know that Katele is a thief who was sentenced to prison not because of assault or any other funny crime but stealing public funds. Stealing and Katele are synonymous. If Katele is you inspiration, to me its an example of failed personality! ECZ and council personnel, especially, were used to rig the elections.
@Ba Chile
ECL assuming he is inaugurated, he will be there to provide more ‘michopo’ and jemison.
Going by the way he’s expressing himself yes. Weed . Well said keen follower
Very right Kalumba, and that is why only losers seek solutions for political issues from courts instead of going back to the people. Is it the Concourt that will quench HH,s thirst for the Presidency? Or is it the people? The Zambian people have five times refused to give their power to HH and he now wants to get it through a legally sanctioned coup de detat even when he has to trick the Court to violet the very Constitution they solemnly constituted to serve and protect. The sooner this country rids itself of this selfish and sectarian politician the better for it. Continued presence of this man on the political arena of this country will ultimately bring civil war.
No Turkey would ever vote for Xmas in order for it to be eaten!!
Katele Kalumba is former Finance Minister who was convicted of theft. All other thieves he stole public funds have repaid the money back to state except him by abusing the system and appealing up to now!! In fact it is Katele Kalumba abusing the courts to stay out of prison.
On this article Katele is just supporting a fellow convicted thief, Edgar Lungu, so that he can be forgiven and get the courts to let him off. Zambia is where it is now because of common thieves and conmen like Katele and Lungu.
These corrupt id1ots (Concourt judges) have to step aside. they have messed up this case beyond redemption.
Both PF and UPND will NEVER Trust these imbeciles. So, whatever decision they will make from now on, won’t be respected by anyone. They have compromised the judiciary and worst of all the poor Zambian electorate, so the best thing for them is to resign forthwith. The supreme court needs to take over and stop this case now as it has failed completely. Then the decision of ECZ to prevail and let Lungu be inaugurated immediately.
The constitutional court made itself a captive of its own process and actions. It has errored due to lack of stance n failure to provide guidance to the parties involved in good time.
That the Concourt has flouted the same supreme law they swore to uphold, it’s just right we the people who spoke through the ballot and rightfully so by electing President Lungu, let us rise up in numbers to have them removed from this repository because they have shown us that they not fit to be on that bench.
A simple interpretation of 14 days cannot be a scientific process to prove. Law is is law and no political emotions should be intertainment. UPND ans in particular HH we’re boasting that they had overwhelming evidence, so if they had should it even had taken them a day to prove to the same Concourt? Why go to present your case with 80 unresearched grounds?
Let’s be serious and have President Lungu inaugurated by Wednesday 7th September 2016.
Hon. Katele, well spoken. @keen follower,WE MBWA WE. Did he steal from your kachimas pockt.
This looks like we are almost in a constitution crisis, what role can the Chief Justice (CJ) play here?
Is there a rule in the constitution which allows the CJ to preside or take over cases like the pompous, nincompoop former DPP Mutembo Ch1kala Nchito used to do as DPP, Anything similar to the CJ’s role here? Can some one with legal brains please advise. Because we are in trouble if this group of corrupt concourt judges are allowed to continue to preside over this case, we won’t get any meaningful result from them. Neither PF nor UPND will trust them, they have messed up this case irretrievably. Pity no appeal after this morons court.
Be calm my boys
Wait for Monday. It will be a telling day. All might END on Monday with the Con Court stating that the Petition ended on 2nd September and have NOT received any convincing reason to overturn ECL Victory. SO WAIT FOR MONDAY.
Anyone who has been to school, even up to Grade 8, knows that the Constitution is the supreme law of the land. What it says is what must be done. We know that Abraham Lincoln had to wait for more than a decade to become president of the USA. HH and GBM must exercise maturity and patience. Sata( the one they called Chimbwi no Plan, but later worshipped him in his grave) set a good example for them to follow. Surely, should we dance to the tune of HH and GBM, the two shameless losers? Ata seee!
@20 Musalakata
What you are refusing is to dance to the tune of the very Supreme Law of the Land, the constitution.
Belly, belly, belly, Kalumba!!
Your argument Dr. Katele is logical and factual. Consideration should be paid to it.
This is what I said yesterday, please UPND carders, just reason properly without insulting. What do you really gain from insulting? It just shows how shallow your reasoning is.
Katele dont mind the negative comments. If you are good you are good. There are elections at court. No court subverts the truth.
We shall see them next week
I sympathize with HH. Being a business man that he is, it must be painful investing US$5M every election year (assuming media reports were accurate) for five times without recouping any profits at all! There must be alot of behind-the-scenes happenings for his reactions. Possibly personal wealth gone-down-the-drain and dirty money from some of his sponsors who must be looking back and demanding that he pays back some of their “investments”.
Shouldn’t Katele be in prison? Why does Lungu only get support from criminals and people with questionable backgrounds?
I WISH THIS NATION WAS THE WAY IT WAS BEFORE. SOME BEMBAS AND EASTERNERS HAVE EVIL PLANS OVER US. LET US REVERSE THE COUNTRY THE WAY IT USED TO BE LEAVE THE RHODESIAN ALONE AND LETS GO BACK TO OUR BAROTSELAND THEN WE WILL SERVE WHAT BELONGS TO US ALONE. AFTER ALL THERE IS NOTHING WE SHARE IN COMMON WITH THESE THUGS
The majority Zambians voted for ECL. Not the concourt. If we vote again ECL would still win by mor votes than any time before.
AMA LAPTOP ATI SHANI BAKAMBA?