MUTATI, MULUSA, MUBUKWANU’ DO NOT QUALIFY TO BE NOMINATED MEMBERS OF PARLIAMENT
Perhaps owing to the key role played by MMD President Dr. Nevers Mumba in the Amended Constitution making process towards the early part of this year, we have been inundated with press queries for us to comment on the nomination and subsequent appointment of certain people to Ministerial positions by Mr. Edgar Chagwwa Lungu yesterday Thursday 15 September, 2016 at State House.
Here below, is our official position.
At the Press Conference held today 15th september, 2016 at State House during the continued announcement of members of the Cabinet, Mr. Lungu nominated the following persons as Members of Parliament and went on to appoint them to ministerial positions as follows: Felix Mutati (Minister of Finance), Lucky Mulusa (Minister for National Development, and Nathaniel Mubukwanu (Minister – Western Province).
Article 69 of the Laws of Zambia states:
Nominated Members of Parliament
The President may nominate a person referred to in Article 68 (2)(b) where the President considers it necessary to enhance the representation of special interests, skills or gender in the National Assembly,
(2) A person may be nominated Member of Parliament if the person qualifies to be elected as such under Article 70
(3) A person who was a candidate for election in the last preceeding general election or a subsequent by-election IS NOT ELIGIBLE TO BE NOMINATED AS MEMBER OF PARLIAMENT.
Zambians are all aware that Felix Mutati was a candidate as Member of Parliament for Lunte in the last preceeding general election held in 2011 and was MP in the recently dissolved National Assembly (2011-2016). Lucky Mulusa was also a candidate and won as MP for Solwezi Central in the last General election, 2011. His seat was petitioned which he lost in a subsequent by-election and Mr. Mubukwanu was an MP till dissoluton of Parliament in May this year.
As Commissioners of the CRC will recall, the purpose of this clause was to put an end to what had become a nuisance situation where the Party in government took advantage of its position of power, to weaken the opposition by enticing them to ‘cross the floor’ at will by offering them ministerial positions in government, thus contributing to bringing total chaos in the governance system and triggering endless and expensive by-elections. This weakened the ability of the opposition to offer checks and balances to the party in Government.
We call on Mr. Lungu to quickly reverse the appointments and for once do the right thing. Let him sit down somewhere quietly and go through the Amended Constitution, page by page with Dr. Simbyakula who presided over the enactment of the Amended Constitution and save the country from further embarrassment.
Therefore, as the appointments stand, they are against the provisions of the Amended Constitution and therefore illegal, null and void.
REVEREND REUBEN SAMBO
MMD NATIONAL SECRETARY
You have started again, do you want Nevers Mumba to be appointed or yourself instead!!??
I think this rev is a form 3 failure. preceding general election is 2016 not 2011. Its very dangerous if hate and anger finds itself in somebody’s heart especially a rev. Does he even have sleep when he sees people doing better than him? shame to you rev Sambo. Just accept that your gamble didn’t work may you didn’t pray well before going into a pact with UPND. The biggest winner in MMD is Mutati and while the biggest loser was Nevers and you have to accept this fact and live with it.
For the benefit of those asking the obvious,
1. “Last” refers to the immediate past election which is 11/08/16
2. “Preceding” is used in reference to the current action, in this case the nomination. The act here is that of nominating, hence the use of both “last” & “preceding” together.
3. “Subsequent bye Election” refers to a situation where a person stood in an election following a petition of the last general election (11/08/16), annulment, death, resignation or other causes but lost.
Remember that the president can nominate people at anytime during the life of the current parliament.
As none of the appointees fit the above, ALL are eligible for appointment.
CONCLUSION:
It’s nice to see an increase in the desire to understand the constitution, but let’s…
The issue here is when did the constitution enacted. It was this year in 2016. Can it be applied retrospectively? That is the question but to my layman’s point of view this will apply in the 2021 general elections. Imagine a new law that punishes people who broke the law before its enactment.
CONCLUSION:
It’s nice to see an increase in the desire to understand the constitution, but let’s consult widely to avoid being alarmists.
In addition, U can quietly advise the party in power where U notice flaws, & only speak out where they refuse to listen. No cheap political mileage…
This new constitution is blame! Confused PF is innocent
@Senior Engineer, I think in this case the law can be applied retrospectively. Otherwise, it will mean, for example, the President will be eligible to stand in 2021 even after being elected twice to office (since after enactment of new constitution, he’s only been elected once!)
Analogy: Suppose the Govt introduces a law banning citizens from having more than 10 children. Definitely, those already with more than 10, cannot be punished under the new law. But those with 10 will be prohibited to have other children, with 9–restricted to one, etc.
@1.2 Pipos Choice – You’re wasting your, ah, breath on Nevers Mumba. He can’t understand simple things.
Sambo, you are a pathetic retard. I wonder if you had any civics 101 at any level in school. The constitution is explicitly clear. It refers to candidate that took part in an election of the current term. Did any of these run in the 2016 elections? Go find a job from HH’s cattle ranches.
This is one case where ignorance becomes one’s defence. Reverend Sambo, I don’t support the manner in which PF retained power but iyi analysis of the constitution is very embarrassing to say the least. Read and when not clear consult. Osati rushing to publish falsehoods.
When the President allowed Ministers to continue in office there were a lot of experts on the forum some even using offensive lingo against the LAZ. Law language isn’t your typical Oxford interpretation and it would be folly to condemn either side before expert interpretation. If this FORUM was thrown a medical case I wonder if the Patient would be Left with any Body Part 🙂
My thinking is the preceeding election is the election we just had.. according to my understanding Mr. Lungu might be correct on this one.
@Trigo nio:
No wonder you are working as a toilet cleaner in the US. English used in this constitution is straight forward.
“Preceding” CAN’T be the same as last election – you have rotten rains you Ar.sewhore!
“Preceding” = Before – you can even use a Monkey, Rat or Caterpillar dictionary if you want BUT it always means “before”- so the General election before the last one!!
These Rat and Caterpillar eaters can’t even read!!!
The spirit of the law here is that any person who failed to win a parliamentary election during the last held elections cannot then be nominated as an MP by a sitting president as this would be going against the people’s will.
Preceeding must have a reference point …. so the question is what is preceeding what if I may ask in laymans terms. for instance if you are alone in a queue how can you precede yourself????
PRECEDE …
come before in order or position.
“take time to read the chapters that precede the recipes”
synonyms: foregoing, previous, prior, former, precursory, earlier, above, above-mentioned, aforementioned, above-stated, above-named, antecedent;
Magande should also be appointed Bank of Zambia governor i think that will make a great team to recover our economy.
Seriously???? People please learn to read and understand. Constitution bars nomination of a candidate that stood in the “last Preceding General election” and in this case “last preceding General election” is 2016!
And none of the appointees stood in the last election! So the President is right to appoint them.
What is this Sambo on about????
These are consequences of reading an executive summary. There is need for all of us to read this document as the people who were entrusted to write this document were just doing copy and paste from other constitutions. From the time the Con court was appointed they should have started bringing out some of the contentious issues but its like they have just been enjoying salaries.
Ba Sambo preceding election in this case is 2016. At times it’s better to shut up! You and your Dr Nevers Mumba should be leaving politics now as you have become irrelevant
The law is forward looking never applied in retrospect. The new constitution came in to being on 5th January 2016. Just my thoughts. Had these people contested the last Elections yes but not 2011. Again just my thoughts.
The ‘last preceeding general election’ surely should be the 11 August 2016 elections. I stand corrected…
This is called JEALOUS.
The Article is very clear but does Lungu have any Legal Advisers or does he listen to legal advice? Lungu seems to strive in illegality all his life. From stealing client’s money as a practicing lawyer to keeping Ministers illegally in their posts, refusing to handover power to the Speaker of Parliament, being sworn in illegally etc. Why does Lungu do all these illegal things and is allowed to get away with it? Is Lungu above the law? The corrupt and confused AG, Likando Likaku is not doing his job correctly and professionally. Zambia is in a Constitutional crisis partly becoz the AG is giving the Executive Arm of govt wrong advice. The role played by the AG in the UPND Petetion was shameful and abominable. The AG and all Concourt Judges must be dismissed for incompetence and lack of…
Yours is a hopeless comment or the most useless comment on this blog. Try not to read the constitution with bitterness and hhgbm influence.
The appointments cannot be defended. “Preceding” means “Prio” and when used with “Last” there is simply just no defense for the appointments!!
I believe there is need to critically look at the word “PRECEDING”. Because this word means “the just ended”. And I believe these were not candidates in the JUST ENDED election. We may seek the interpretation by the Constitutional Court before we can mislead ourselves. MMD Secretariat, do not be in a hurry to make your conclusions. Sit down with your lawyers. Don’t just quote the constitution out of context.
Sambo do not worry about pf l. Leave them to it. The chaps are good at messing up. Eventually time will catch up with them. As we spear lungu still has no country wide vision and instead of dealing with issues at home soon after stolen election the rat decides to travel to new York. Surely couldn’t he delegate that as he will just be a bench warmer there where they don’t care for a poor country like Zambia.
Zambian’s president is another mugabe.
You are wrong by a mile. ECL was just elected last year to complete Sata’s term, and cannot be compared to the horrible dictator next door. The losers who cannot be nominated are people like Siamunene, Hichilema, GBM, Scott, Mulenga Sata and others because they lost in the last general election.
Self proclaimed Reverend sambo the preceding election is 2016 and not 2011.
Na Nez mwaloshenipo mukwai! Welcome back! We were missing you after your kachema was dununad in reverse as in Selako tubombeko! Twamu bida halimu inauguration!
I am on holiday in ibiza. You see nez will not suffer but it’s the poor Zambian who will suffer due to decisions made by careless cadres like yourself plus due to pf abrogating the constitution pre and post election. Right now am just having a drink called secks on the beach
Instead of talking, your friends go to the Constitutional Court and talk later!
Uyu reverend cikopo sana. As already noted the last preceding election as at now is 2016, and not 2011 as alleged. Moreover, what was the malice were the drafters of the constitution trying to ‘cure’ by putting this clause in the constitution, what where they trying to correct? In my humble view the malice was appointment of people to parliament and subsequently to cabinet after being rejected as voters. Not the crossing of the floor as the ‘bad’ reverend is trying to insinuate. If he had taken time to read article 55 he could have not misled himself. As it provide the following,
“55. A candidate who loses an election as a President, Vice-
President, Member of Parliament or councillor is not eligible, during
the term of that National Assembly or council, for…
I am shocked that we have a Reverend in Zambia who can fail to interpret such a straight forward provision. Learn to consult also before putting up these Press Statements to avoid exposing your ignorance and foolishness.
Trouble is Zambians read English muchibemba. Reverand? Must be one of those who started praying because they failed.
It says last preceeding!!!! In case 2016. I wouldn’t go to this man’s Church if he preaches in English.
If “Preceding” does not refer to the last elections then what does ” Subsequent” refer to? Is it elections after 2021? No! Not at all… So then, preceding refers to the latest 2016 election. Period!
Ni jealous chabe!
Haleya: Subsequent will mean: If the current MP losses the seat and then there is a bye election within these five years. Who ever participates in this by-election and losses can not be appointed as Minister by the current President. I think thats what it means. Yes only those who participated and lost in the 2016 election can not be appointed now by ECL. What is this jealousy thing from a Pastor for that matter. It is becoming extremely dangerous now in Zambia if Pastors can be this petty
Trouble is Zambians read English muchibemba. Reverend? Must be one of those who started praying because they failed.
It says last preceeding!!!! In this case 2016. I wouldn’t go to this man’s Church if he preaches in English.
In our latest constitution(2011) there is no provision for by elections on the basis of changing political parties as was the case previously unless in case of death or otherwise.This cause also says ‘or subsequent by-election’.This means its referring to the 2011 general elections.The framers of this constitution (2011) had been cognizant of rampant by-elections (Dawson Kafwaya), and this clause was enshrined in to curb by- elections.I am not a lawyer and might be wrong.
In our latest constitution (2016)
Trigo, you are right. The proceeding election is the one we just had. So the appointments are constitutional.
@Nez (new educated Zambia) official upnd media, whatever your real identity
I BELIEVE YOU ARE A CHILD OF GOD COMING FROM VERY RESPECTED PARENTS, MAKE YOUR OPPOSITION RESPECTFULLY, SURELY YOU CAN NOT ADDRESS OUR HEAD OF SATE AS AND I QUOTE” the rat decides to travel to new York!”
How can any sane person respect a rat that has abused our constitution for his own gain. A man who has infringed on our human rights? Please do not take Zambians for fools.
How can any sane person respect a rat that has abused our constitution for his own gain. A man who has infringed on our human rights? Please do not take Zambians for mugs.
Ba Sambo last ‘preceding election’ would be after Sata passed on like 2015? Hello| You don’t want them in MMD you don’t want them to be appointed what do you want please just reorganize yourselves for another loss and with a man of a lesser god spewing all sorts of lies you will go where? As for NEZ you had a 14 man ‘weak’ legal team which cannot count from 1-14 days so we can understand they are now looking for a new way to milk your HH in legal fees so let them go back to the con cot and see whether ECL is wrong…
HEAD OF STATE
Ba Reverend
Preceding – Above, Previous, Earlier
A little bit of Level-headedness will help us. Don’t always rush
Chikonko mwikate
This Rev is a grade 7 drop out. Last preceding means the August 2016 election and who ever participated and lost is NOT eligible to be nominated. No wonder you caused UPND to lose because of misunderstanding English. Take night school lessons. I wonder what you preach. You must be leading people to hell because you have lied here. SHAMEFUL. Nevers contributed nothing to the constitutional process if he shares you line on ignorance. You are an embarrassment to all associated with you.
Ba Nsambo nsoni!!
I am sure this reverend carries a smart phone with a dictionary app. Matter of fact preceed is a usually misspelt variant of precede. That is where the mess starts in his statement. He can not even spell or fact-check. Enough said. The preceding Tuesday saw the inauguration of the President and his Vice-President.
Ba Sambo, I think on this one, you have misinterpreted the Constitution. None of the Nominated MPs stood for the 2016 General Elections. Just to borrow the late President Mwanawasa’s comment (MHSRIP), it is dangerous to know a bit of Law, like you Mr. Sambo than it is safer not to know the Law. As a Man of God, why do you deliberately choose to misinterpret the provisions in the Constitution?
69. (1) The President may nominate a person referred to in
Article 68 (2) (b) where the President considers it necessary to
enhance the representation of special interests, skills or gender in
the National Assembly.
(2) A person may be nominated as a Member of Parliament if
the person qualifies to be elected as such under Article 70.
(3) A person who was a candidate for election in the last
preceding general election or a subsequent by-election is not eligible
to be nominated as a Member of Parliament. And you say “save the country from further embarrassment.” But I say mind you write your articles to save you from further embarrassment.
Rev Sambo is it the english confusing or you want to be nominated “LAST PRECEEDING GENERAL ELECTION ” CAN NEVER BE 2011 or BY ELECTION…
(3) A person who was a candidate for election in the last
preceding general election or a subsequent by-election is not eligible
to be nominated as a Member of Parliament.
Rev Sambo is it the english confusing or you want to be nominated “LAST PRECEEDING GENERAL ELECTION ” CAN NEVER BE 2011 or BY ELECTION…BEFORE 11TH August 2016 And you say “save the country from further embarrassment.” But I say mind the way you write your articles to save you from further embarrassment.
And you say “save the country from further embarrassment.” But I say mind you write your articles to save you from further embarrassment.
This clause is subject to interpretation. I am beginning to think Lawyers deliberately make ambiguous clauses so that they prove their irrelevant relevance
READ CRITICALLY – preceding, antecedent, foregoing, previous, prior, former, anterior mean being before. preceding usually implies being immediately before in time or in place.
Of all those appointed,Mubukwanu is the worst .He decampaigned Mulyata in Mongu and in Southern province,he failed to organise the PF Party.He is just good at reading speeches but on the ground,he has no organisational skills.Are there no better PF people in Western province boma Inonge ?
You have let us down.
You are dull not to understand this : The nominated persons didn’t stand in the last election. Besides we know that Nevers was going to be appointed Prime Minister by HH (under which consititution? ) and yet he had contested and lost the 2015 election which more recent than the one the nominated took part in.
A clique of Nevers Mumba-faction cannot believe that political normality has been restored, Where did this group stock their thinking capacities when Nevers Mumba behaved to a level much lower than a Chimfunshi chimpazee – blindly trailing for pieces of bread droppings around HH and GBM’s dining tables. The group should donate money to send the VERY SICK Nevers Mumba, Guy Scott, VJ Mwaanga, HH & GBM to a Psychiatric Hospital.
Dear Sambo,
If this is the way you interpret the Bible then you must repent for losing so many souls. And you Christians following Sambo and Mumba please damp them. Even the Devil might be better to follow because he doesn’t oretend to know what he doesn’t like these two brothers do.
Hey and one more thing, there is a course in general principles of law with extension studies at UNZA. It has a bit of constitutional law. As for english there is a teacher at Chibolya basis. She will do it for free. Just say I sent you there. She even provides soup ya mbuzi.