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Alba Iulia
Sunday, November 29, 2020

I’m not imposing myself on PF but just indicating my availability for candidature in 2021-President Lungu

Headlines I'm not imposing myself on PF but just indicating my...

President Lungu with First Lady Esther Lunguat Kenneth Kaunda International Airport shortly before departure for Ghana on Friday, January 6,2017-Picture by THOMAS NSAMA
President EDGAR LUNGU has said that he chose to speak about his eligibility to stand in 2021 in order to give direction for the ruling party. President LUNGU said that he is not imposing himself but indicating his availability for candidature in 2021.

The President said that he feels it is the right time to state his position on the matter contrary to those who are saying it is too early for him to declare. The President said that he was focused on development and that he will ensure he delivers development.

President Lungu further explained that he decided to announce his availability for the 2021 general elections because there some members within PF who had been causing confusion on the matter by going round the country positioning themselves for 2021.

The President justified that it was his constitutional right to contest the general elections in 2021 once the Patriotic Front (PF) endorses his candidature. He said he was following the law when he announced that he was ready to stand to stand in 2021, adding that there was no need for anyone to rise against him.

“It is my right to contest and if the PF endorses my candidature then I will have the mandate that is how it goes.

“In fact, it is not time to worry about 2021 but I wanted to put this to rest because others were jostling and positioning themselves and bringing confusion in the party,” President Lungu explained.

The Head of State said the people who positioning themselves were known hence his decision to add his voice.

“You know very well people who have been going round the country positioning themselves for 2021 so I also added my voice to them that I am also available in case they didn’t know. So should that offend anybody? No,” President said.

And the President has said that Government is putting in place mechanisms that will propel development in the country. President LUNGU said that government will liberalize the Agriculture sector and allow key economic players to help in driving the economy.

The President said that it was through effective collection of taxes and channeling then to key sectors that the country can witness development. President LUNGU said that he will soon meet millers in the country because he is concerned with the soaring mealie meal prices.

And President Lungu has said that his critics are only loud when things have gone wrong but are quiet when government does a good gesture. The President cited the reduction of fuel as a good thing that the critics have ignored.

And commenting on the army worms, President LUNGU said that there is need to find a lasting solution to completely eradicate army worms. The President said that investigation have shown that the recurrent army worms are cycle that come after a period of time. President Lungu said that there was no guarantee that the spraying will completely kill the worms.

President Lungu was speaking to ZNBC’s INUTU MWANZA in Accra Ghana shortly before his departure for Zambia.

Meanwhile, Foundation for Democratic Process (FODEP) Livingstone Chairperson GIDEON MUSONDA has said that the constitution allows President EDGAR LUNGU to re-contest as President in 2021 if he so wishes.

Mr Musonda has told ZNBC news in Livingstone that article 106 states that the president can only be deemed to have served his or her full tenure if at the date of which the president assumed office at least three years remained before the date of the next general election.

Mr Musonda said that while it was true that President LUNGU had been elected as president twice, he was still eligible to stand in 2021 because of the first term he served for less than three years which does not qualify as a full term.

Mr Musonda said that it was important that stakeholders realise that there is the constitution of Zambia amendment act number one that provides for the transition from the old provisions to the new provisions of the constitution as amended.

Mr Musonda said that was important that the stakeholders read carefully what the constitution says in order to cut on unnecessary debates on the matter.

105 COMMENTS

  1. Why talk about this NOW?

    he has lost the plot!

    Why now? Because of Kambwili?

    He is not fit for purpose

    Thanks

    BB2014

    • Lungu does not qualify to stand in 2021, one have to be very dull to misinterpret and misunderstand the constitution on term limits.

      Lungu has had his 2 terms and that is it……. One person can not be in power for more than 10 years.

    • Presidents who die in power, Sata and Mwanawasa do not finish 2 terms ( 10 years) and those who take over from our dead presidents can not expect to be in power for 10 years.

      Sorry Lungu, you wont stand in 2021, I hope by 2021 you will have understood the constitution…….. Lets not forget that our president has very limited understanding of the constitution, remember how he defended minsters to remain in office after parliament was dissolved?

    • The president is right and has the right to contest in 2021.

      Those who offended should not stop him, but should just refuse to vote for him.

      Those of us who believe in him will wake up early and go to vote for him.

      Now, if we are many, he will win; if you who do not want him are many, he will lose.

      But, just like you are about your perpetual candidate, I am also confident that ECL will carry the day cone 11th August 2021.

      Now this time, seeing what happened last elections, campaign will not be left to Lungu and his fellow politicians, but I promise you that we will join the mobilisation as his supporters.

      We will gone flat out, until Lungu gets 60 percent this time, and send some people into retirement.

    • What constitution is the president referring to? He should explain how he qualifies when he was not even the Vice President when MCS died. At least, if he was, he would claim that the new clauses about a term being only after 3 years (act 106 (6) (a)) apply to him.

    • this fella has been completely screwed by power. i pray he leaves to spend the rest of his life in prison once he leaves office

    • @ 1.4 Mwana Chinondo,

      I advise that you take time to, at least , finish part (a) itself. Otherwise I would be glad if you also looked at (b).

      Just I (a) itself it will tell you that, ‘…, or any person elected under circumstances in 5(b).

      So I don’t know which Constitution you are using to question which Constitution Lungu is using.

    • There’s nothing wrong with everyone jostling to take over from him. Its morally wrong for Edward Armyworm to distract the whole nation with his fantasies.

    • LUSAKA TIMES WHY HAVE YOU FAILED TO ANNOUNCE THE BEST BLOGGER. WHAT ARE YOU SCARED OF. WE DEMAND YOU RELEASE THE RESULTS. WHY DID YOU WASTE PEOPLE TIME VOTING IF YOU WANTED A PARTICULAR PERSON TO WIN. LET ME WARN YOU THAT THE LONGER YOU TAKE TO ANNOUNCE THE MORE CURSES YOU ARE BRINGING ON YOUR FAMILIES AND SHORTENING THEIR LIVES. DON’T SAY I DIDN’T WARN YOU. Just because I won you cannot stand it. As for lungu this man is sick in the head. He wont make it to 2021. mark my words. Nature has a way of dealing with undesirables y

    • @ 1.11 Meimatungu,

      You are accusing Lungu of being constipated with power for saying he will stand in 2021?

      How come you deliberately omit HH who has been fighting for the past 6 elections, and yet Lungu has done only twice?

      Unless you are telling us that some candidates have been vaccinated against constipation.

    • Damn it already, Lungu just stay home and work, Too much strife Lungu. It’s seems Lungu can only thrive under strife and violence.
      Lungu needs to deliver results before he can start dreaming about a third term.

    • Lungu does not understand the law. He has never defended any case in court because he doesn’t know whether he is coming or going. He’s a lawyer on paper. A chancer who has no history of achievement. He doesn’t understand what he is saying period.

    • Lungu is just a little Devil eating himself into mistaken expectations, let him try any Mugabean or Musevean tricks here, he will curse the day he was born, he will even curse the person who saw him first on that day and even the one who broke the news of his birth

    • LUSAKA TIMES WHY HAVE YOU FAILED TO ANNOUNCE THE BEST BLOGGER. WHAT ARE YOU SCARED OF. WE DEMAND YOU RELEASE THE RESULTS. WHY DID YOU WASTE PEOPLE TIME VOTING IF YOU WANTED A PARTICULAR PERSON TO WIN. LET ME WARN YOU THAT THE LONGER YOU TAKE TO ANNOUNCE THE MORE CURSES YOU ARE BRINGING ON YOUR FAMILIES AND SHORTENING THEIR LIVES. DON’T SAY I DIDN’T WARN YOU. Just because I won you cannot stand it. As for lungu this man is sick in the head. He wont make it to 2021. mark my words. Nature has a way of dealing with undesirables c

  2. Mumbi Phiri has already told the nation that very soon we are going to have a funeral for late Edgar Lungu. Watch the space!

    • Lungu is about to commit his fourth treasonable offence. I hope he lives long enough to apologise behind bars. Whoever thought that Saddam Hussein could ever hide in a spider hole? Lungu is headed the same way. There will be no mercy for him.

  3. We told you lungu will never give up power as per consitution. He will serve 5 terms at least, who will stop him ?

    All he does is bribes everyone that can read and dances and calls to prayers those that can’t read……and threatens, harrasses and arrests those who can read but don’t pray or dance with him.

  4. ..I dont think there are anymore ZNBC reporters…those are state house reporters with pre arranged questions done by Kaizer Zulu…most critical news for now is the mention of ECL in Zambia- Malawi maize gate…why are repoters avoiding the subject and Kaizer ensuring that BBC is avoides at all cost…rubbish

  5. What is this development he will deliver to us? Is it through another loan.Are we kids in to believing you are Father Christmas? You need Leadership and Good Governance first for you to talk of this development. You have no shame always having edited Press Briefings abroad or on Airport tarmacs…why not host a Press Conference?

    • Old man Sata knew that his PF officials were not mature and focused enough to talk about succession or future General elections hence never tolerated such discussions among them…then you have this tool Lazy Lungu who can never be remotely compared to Sata talking about it – its a recipe for disaster.

  6. The president is right and has the right to contest in 2021.

    Those who are offended should not stop him, but should just refuse to vote for him.

    Those of us who believe in him will wake up early and go to vote for him.

    Now, if we are many, he will win; if you who do not want him are many, he will lose.

    But, just like you are about your perpetual candidate, I am also confident that ECL will carry the day cone 11th August 2021.

    Now this time, seeing what happened last elections, campaign will not be left to Lungu and his fellow politicians, but I promise you that we will join the mobilisation as his supporters.

    We will go flat out, until Lungu gets 60 percent this time, and send some people into retirement.

    • We want to hear what he has to say about his involvment in the maize scandal ? Not that cader “yes bwana” drivel you are trying to feed us.
      Or maybe you can tell us were the 500, 000 jobs lungu promised can be found?

      And what development does lungu know , borrowing and opening shopping malls is development to lungu.

    • @ 9.2 Gringo,

      I am sure that each time you attempt to use you brain the statement you made is the best you get out of your brain.

      Unless you confirm that you are rebellious, this has to do we with your upbringing, how you were brought up, and the type of parenting you had.

  7. And you claim to be a democrat? The central committee will decide and not you sir. Why are you making yourself available when you still have got five years to deal with your incompetence? Let intra-party democracy take root if indeed you are a democrat and not chastise any one with ambition to stand.

  8. He really learnt bad manners from Mugabe and Museveni! He is not genuine. It is all trickery. Why is he fighting others who also have made their availability known. In any case, is there not time for everything? The time for such trash talk has not come yet. This is pay back time for the promises made during last election campaigns. It is time for development! That should be the focus now and it is a pity that the one who is supposed to ban such talk is the one in the forefront peddling such talk. Since he cannot be banned, can someone give wise counsel to this man in position of authority please!

    • At least Bob and MU7 have a history…Lazy Lungu is a handpicked tool by the corrupt elite to perpetuate the plunder.

  9. We told you that Lungu is a disciple of Mugabe and Mu7, there you have it for your selves.
    Lungu’s audacity statements are based on the weak judicial system in the country. The Con courts, LAZ and the judges in the nation are weak, bought out and divided. My profound concern of Zambia’s incapability to hold any credible elections is being vindicated. We have wasted so much time, efforts and resources to improve our democracy for nothing to show up. Its a disgrace to Zambia.

  10. I have no doubt that some of you have not even read or seen the constitution.

    You imagine things and the you speak them out, building your cases on such futile imaginations.

    Let me help you with articles that deal with this subject.

    Check below:

  11. (5) When a vacancy occurs in the office of President, except
    under Article 81—
    (a) the Vice-President shall immediately assume the office
    of President; or
    (b) if the Vice-President is unable for a reason to assume the
    office of President, the Speaker shall perform the
    executive functions, except the power to—
    (i) make an appointment; or
    (ii) dissolve the National Assembly;
    and a presidential election shall be held within sixty days
    after the occurrence of the vacancy.

    • (5) When a vacancy occurs in the office of President, except
      under Article 81—
      (a) the Vice-President shall immediately assume the office
      of President; or
      (b) if the Vice-President is unable for a reason to assume the
      office of President, the Speaker shall perform the
      executive functions, except the power to—
      (i) make an appointment; or
      (ii) dissolve the National Assembly;
      and a presidential election shall be held within sixty days
      after the occurrence of the vacancy.
      (6) If the Vice-President assumes the office of President, in
      accordance with clause (5)(a), or a person is elected to the office
      of President as a result of an election held in accordance with
      clause 5(b), the Vice-President or the President-elect shall serve
      for the unexpired term of office and be deemed,…

    • (6) If the Vice-President assumes the office of President, in
      accordance with clause (5)(a), or a person is elected to the office
      of President as a result of an election held in accordance with
      clause 5(b), the Vice-President or the President-elect shall serve
      for the unexpired term of office and be deemed, for the purposes
      of clause (3)—
      (a) to have served a full term as President if, at the date on
      which the President assumed office, at least three years
      remain before the date of the next general election; or
      (b) not to have served a term of office as President if, at the
      date on which the President assumed office, less than
      three years remain before the date of the next general
      election.

  12. Wasted air. Why don’t you take time to prove your mettle now? How disappointing it is that you are, instead, daydreaming about how to hijack the constitution, rig again the 2021 election and muzzle the Constitutional Court judges – a game you seem so naturally adept at; though not because of capacity, but purely out of a lack of it. The hero that you are today, at least in your own eyes, is not because of any merit on your part, but because of a lack of it. You can change this ugly picture by proving us all wrong; by showing that you are truly a leader and an astute progressive. So far, we are not seeing any of that. Your record, thus far, is a display of disgusting ineptitude and benumbing mediocrity! And there you are, thinking loudly about how you can extend your stay in office. What…

  13. (6) If the Vice-President assumes the office of President, in
    accordance with clause (5)(a), or a person is elected to the office
    of President as a result of an election held in accordance with
    clause 5(b), the Vice-President or the President-elect shall serve
    for the unexpired term of office and be deemed, for the purposes
    of clause (3)—
    (a) to have served a full term as President if, at the date on
    which the President assumed office, at least three years
    remain before the date of the next general election; or
    (b) not to have served a term of office as President if, at the
    date on which the President assumed office, less than
    three years remain before the date of the next general
    election.

    • Take note:

      cause 5(b), the Vice-President or the President-elect shall serve
      for the unexpired term of office and be deemed, for the purposes of clause (3)—

      (a) to have served a full term as President if, at the date on
      which the President assumed office, at least three years
      remain before the date of the next general election; or

      (b) not to have served a term of office as President if, at the
      date on which the President assumed office, less than
      three years remain before the date of the next general
      election.

      Now, what does clause (3) say?

      3) A person who has twice held office as President is not
      eligible for election as President.

  14. LUSAKA TIMES WHY HAVE YOU FAILED TO ANNOUNCE THE BEST BLOGGER. WHAT ARE YOU SCARED OF. WE DEMAND YOU RELEASE THE RESULTS. WHY DID YOU WASTE PEOPLE TIME VOTING IF YOU WANTED A PARTICULAR PERSON TO WIN. LET ME WARN YOU THAT THE LONGER YOU TAKE TO ANNOUNCE THE MORE CURSES YOU ARE BRINGING ON YOUR FAMILIES AND SHORTENING THEIR LIVES. DON’T SAY I DIDN’T WARN YOU. Just because I won you cannot stand it. As for lungu this man is sick in the head. He wont make it to 2021. mark my words. Nature has a way of dealing with undesirables

  15. Take note:

    cause 5(b), the Vice-President or the President-elect shall serve
    for the unexpired term of office and be deemed, for the purposes of clause (3)—

    (a) to have served a full term as President if, at the date on
    which the President assumed office, at least three years
    remain before the date of the next general election; or

    (b) not to have served a term of office as President if, at the
    date on which the President assumed office, less than
    three years remain before the date of the next general
    election.

    Now, what does clause (3) say?

    3) A person who has twice held office as President is not
    eligible for election as President.

    • The reason why 5(b) is there is to determine whether a term of office was attained in order to ether qualify of disqualify (in clause 3) a person who has served part-term.

      Take note that it says for the purpose of clause (3).

      Thus if a person has served one full term and one part- term, if that part-term is 3 years or more then he has held office twice, else only the full term is counted.

      In this case Lungu has held one part-term, and now, this one which will be full term by 2021. The part-term was less than 3 years (actually less than two years).

      Therefore, for the purpose of clause (3), Lungu did not hold office. It was zero.

    • @Peace for Zambia, the bigger picture here is the wrong timing of the head of state to start meddling in this useless discussion at a time he’s supposed to be focused in good governance and most importantly reforms in many sectors of the economy such as energy, finance (we need a better tax system), mining (mining firms need to pay more to GRZ cofers), corruption (the maize scandal, allowing ACC to work independently and speedy up its tasks) and many more! This is the point you are missing together with your president. Be serious for once. People deserve better than this!

    • @ 20.2 Gbouy,

      Many people have left strategic thinking to the corporate world.

      You see, if I was Lungu I would do just what he has done.

      This is not an issue you leave for the last minute. It can mess your party up. The earlier you resolve the better.

      In fact even for purpose of governance now. If you are aware of what began to happen in PF you would not say what you have said above, unless for purpose of political advantage on your part.

      Any well meaning citizen would not want to see in-fighting in the ruling party right from the start of a five year term. What type of governance would you expect.

      Therefore Lungu has done an excellent and intelligent thing to arrest the issue at its inception.

      I know opinions differ because we all think differently, so I respect…

    • I know opinions differ because we all think differently, so I respect your view, which I dont agree with.

      But, unlike you, I will not tell to be serious nor will I take you for being unserious just because you view differs from mine.

      Otherwise everyone would view everyone else as not being serious and in the there will be no one serious if all held your attitude.

  16. Lungu is talking about 2021 Elections and Army Worms while in Accra, Ghana. What has he done for the last 3 days which benefits Zambia? By going to Ghana what has Lungu achieved? He is the only Head of State from East and South Africa who attended the inauguration of Akufo Addo and he is not even his friend. Lungu attended a Ceremony where he was not wanted. Lungu has no shame attending the victory of an opposition leader in Ghana while back home Lungu is busy arresting and brutalising UPND Leaders and their supporters. Apart from the inauguration ceremony Ecowas was holding a Summit on the Election Dispute in Gambia. What is Lungu’s position on the Election Dispute in Gambia? Having stolen Elections back home Lungu obviously supports the outgoing President Yahya Jammeh who has…

    • I agree with you that people are suffering.

      That is a hypocrite we need Lungu to continue in 2021.

      So that those people suffering because they were displaced by HH from their village homes can be helped.

  17. Why are we so narrow minded? Similar calls began early in 2012. There were loud shouts and the new anthem was “Sata for 2016.” What happened? God knows best. Your life is not in your hands Ba Kateka. Kabwa!!

  18. Ba President stop behaving like a child who has just been enrolled in pre school. Take it easy you do not have to respond to everything. Tekanyeni bakateka.

  19. I wish to add a comment hear. Something is wrong with our state house. RB had a bad knee but survived through running away, usual international trips. Ba Sata mhhh he did not like traveling you saw what happened.Mwanawasa too had bad health in there though we argue that it’s the accident. One Eddy Ku Chaya fye the RB style. Build new state house and you will see how stable all shall be for our presidency. If you want to prove this theory, ask Eddy to stay 6 months in state house without moving.

  20. He is not even embarrassed! Shame on him. This guy has completely failed. Chicopo sana. He need copper in his head.

  21. Let see all other FP members who are interested in the president candidature the way they will be labeled as people who undermines the leadership of Edgar lungu,when the also have shown interest,in PF if you don’t support him you will be faired like Ck

    • But I tell you that Lungu is a Democrat.

      Lungu is not like HH who expels those who have ambitions the way he did to Canisius Banda.

      These issues always arise but the way they are handled reveal whether a party is a monarchy, an ethnic grouping or a democratic party.

  22. MEANWHILE IN REAL NEWS IFINTU TAFILI BWINO!!!!
    THE ONLY PEOPLE WORKING IN PF ARE KAMBWILI AND MUTATI. EVERYONE ELSE IS DOING ABSOLUTELY NOTHING. THE PRESIDENT IS JUST GALAVANTING. MUTATI WAS DEALT A BAD HAND.
    IFINTU TAFILI BWINO!!!
    IFINTU FYA LUNGULA!!!!

  23. Is this the same lawyer who thought Ministers could hold office after parliament was dissolved? Has he taken responsibility for that misinterpretation? He thinks the Zambian people cannot hold him accountable. Your time is up Bwana Lungu. Madam Linda Kasonde can we get a position statement from LAZ on what the law says,,,And can we get a ruling from the Constitutional Court so that this matter is put to rest.

  24. It will be good riddance when Lungu leaves office in 2021. The next president will have a difficult job repairing the damage Lungu has done to the country. Lungu’s legacy will be collecting air mile points and being a consistent tourist. I think he is the only president who has spend more time abroad than at home. He should recall his ambassadors if he wants to do their job! That will save the tax payers money.

  25. Please no more pictures of Lungu. He is not photogenic! Ugly teeth, beer belly, chicken legs, no muscles . Yuck.

  26. Lungu is being strategic by talking about 2021 Elections. He wants Zambians to forget about the 2016 Election Dispute which is still haunting him thru the UPND Petition which is yet to be heard and disposed off. Lungu is hoping that by talking about 2021 Elections people’s attention will shift away from the disputed 2016 Election and the Petition will some how fall away. The problem for Lungu is that the Petition is alive. If Lungu allows the Petition to be heard he will open a Pandora’s Box which could unseat him. If he continues to block the Hearing of the Petition his illegitimacy is mounting. The crises in Gambia and DRC is bringing Lungu’s own illegitimacy to the fore. Ecowas is breathing fire on Jammeh of Gambia and SADC docility is now embarrassing and Lungu is now under immense…

    • I did not know that HH can manage to so easily deceive people that the petition is still alive.

      And his followers have been deceived that HH is doing something with the dead and expired petition.

      Let me help UPND cadres; HH has no any petition in court.

      What HH has in court is simply a question to find out if his rights were not violated.

      That is not a petition. He just wants to understand – just postmortem nothing more.

      Remember that postmortem does not bring back the dead.

      That petition expired, mark my words.

      HH simply wants to keep himself relevant in the minds of his cadres, and they can’t see.

      HH does not know what he will be doing between now and 2021.

    • @ Pillock for Zambia

      You can twist, you can turn, but the FACT remain. Right to be heard is UNIVERSAL RIGHT as clearly stated in UN CHAPTER!!!
      Until hearing and determination of the petition, you can blab as much as you wish, but the fact remain. Right to be heard by an independent and unbiased Court CANNOT BE ABROGATED by any Court of Law.

      Can you please pass the above message to your fellow “learned” non-comps?

    • You cannot always use blanked; sometimes you use bedsheets.

      The temperature may not always remain constant.

      While the right to be heard remains a valid legal requirement, it has context.

      The right to be heard does not violet any constitution.

      Your right to be has is within the context of the constitution.

      If the constitution says you will be heard within 60 days, and you choose not to heard in that time you will have voluntarily forfeited your right.

      Remember that you are not the only one the law serves. The one you have accused has also got the right to be protected against malice.

      That is why constitutions all over the world put time limits to certain cases, so that only if your case is valid will you manage to state it within the timeframe, not looking for a case…

  27. The question each on of us should ask ourselves on the eligibility of Lungu is; which constitution was he elected on & what was stipulated as to the term of office? There is a principle at law which states that “a new law can never be applied retrospectively.” Otherwise we would have a general kanene sent to prison for 15years & two years down the line the law is changed & length of sentence reduced to 5years. Would general kanene claim to say that he just needs to serve an addition three years? The answer is in the question!

    • @Avolatro, I submit to you that you read Article/Clause #11 of the Zambian Constitution, Act 1, which DEALS with the transition period from old to the new Constitution. Mind you, MPs/Cabinet Ministers were caught up in this same conundrum. Appointed under the OLD CONSTITUTION and yet affected by the provisions of the NEW CONSTITUTION. Here is what Article 11 of Act 1 provides for:

      article #11:

      (1) A person who is holding or acting in an office established by the Constitution immediately before the effective date shall continue to hold or act in that office as if appointed to that office under the Constitution as amended and shall be considered as having taken any necessary oath required to be taken under the Constitution as amended, unless the President requires that person to take…

    • continue:

      … to take any oath specified by the Constitution as amended or any other law.

      (2) A public officer shall continue to hold or act in that office as if appointed to that position under the Constitution as amended and shall be considered as having taken any necessary oath required to be taken under the Constitution as amended, unless the President requires the public officer to take any oath specified by the Constitution as amended or any other law.

      (3) This section shall not—
      (a) affect the powers conferred on any person or authority under the Constitution as amended to abolish offices or remove persons from those offices; or
      (b) apply to any person who, under the existing law or the Constitution, would have been required to vacate an office at the expiry of any…

    • continue:

      … period or on the attainment of any age.

      (4) Theprocessofappointingpersonstofillvacanciesarising after the effective date shall begin on the effective date and in accordance with the Constitution as amended.

      There are other Provisions which deal with the continuation of Court cases and Tribunals. I am not a Lawyer so my understanding of these issues may be limited. But, I think, the Article I have quoted to you is self-explanatory and bolsters President Lungu’s position on this matter. Nonetheless, the best favor Lungu’s detractors can do to themselves and all of us is to seek clarification on this issue in Court in steady of relying on emotions and personal opinions—TAKE THE BLOODY CASE TO COURT LIKE THE PRESIDENT SUGGESTED!

    • I AM NOT SURE WHAT HAPPENED THERE, BUT PART (4) SHOULD READ:

      (4) The process of appointing persons to fill vacancies arising after the effective date shall begin on the effective date and in accordance with the Constitution as amended.

    • @Avolatro:

      I ask you to pay particular attention to this phrasing “…UNDER THE CONSTITUTION AS AMENDED….” (emphasis my) in the Article/clause I have quoted to you. This is very, very, very important in answering your question. Good luck!

  28. @peace for Zambia, for your information, the petition didn’t expire. The concourt judges abrogated the constitution either through sheer ignorance, incompetence or wilfully. Kindly read Article 269 of the (Amendment) of the constitution on computation of time.

    • Wow, some of you people have a lot of time to waste crying about SPILLED MILK. Baba, what was the ruling of the ConCourt if it wasn’t about “TIME EXPERATION” of the petition? Your argument is akin to a Boxer arguing that he/she did not lose a fight by TKO because the Ref’s way of counting to ten was flawed. It should have been…blah, blah, blah…according to your own interpretations.

      The ConCourt is the final Court on these matters and it already gave direction on how Presidential Petitions are TIME BOUND—I hope you NEVER again waste time in Court arguing about what FOURTEEN DAYS means—the Court has already set PRECIDENCE on this issue—and good for everybody.

    • Just go back to the “GYM” and get ready for your next bout/fight. Otherwise you are wasting your time again. Don’t be surprised when you lose your next “fight” if you are unwilling to learn lessons. And YES, @Peace for Zambia is RIGHT—the Petition expired!

    • It is straight forward.

      Where are you having challenges with that?

      (b) if the last day is an eccluded day, i.e. Saturday, Sunday or public holiday, the period shall include the next day.

      (d) The constitution clearly states that if the timeframe for the case does not exceed 6 days, an excluded day shall not be counted.

      Looking at the above, let me help you resolve the confusion.

      – by (b) The petition period was ending in Friday, which was not an excluded day – so no need to add the next day.
      – by (d) The period was 15 days which was more than six days, so the excluded days were to be coubted

      So how do manage to be confused?

  29. What is the point of having clause 5(b) if the Vice-President assumes the office of President, in accordance with clause (5) (a).The purpose of having an elected running mate as Vice-President is to avoid clause 5(b)-“Presidential by-elections”as was the case with presidents LPM and MCS.Therefore going forward we will not have by-elections when the president dies.
    Only two people in Zambia benefit from clause 5(b)….Rupiah Banda and Edgar Changwa Lungu.How can you have a constitutional clause just for two people.If Rupiah Banda and Edgar Lungu die, the part relating to “the President-elect serving for the unexpired term of office” will become redundant.
    That part was obviously put there by PF and not the petitioners.

    • You are forgetting what many people forget.

      Life does not follow our formulae, that is why there is risk management.

      Who has guaranteed that that vice will always be there. And who said the order of death/or absence/unavailability for duty will start with president, what if it starts with the vice, or both?

      We cannot contain ourselves in a box.

  30. @Yamba yamba, u really made me laugh. I have rear the provisions on the aforesaid provision. In all the sub articles you have cited, kindly tell me which word stands out? Is it not “shall continue.” Do you continue something new? No baba! May be just to remind you especially if you don’t follow the legal happenings & precedences. Hope u remember, The Mutembo Nchito tribunal! While your so called new constitution, which is in fact an amendment no. 2 of 2016, provides that any actions against the office of the DPP should be handled by the Judicial Complaints Commission, the eminent and learned Judges & Chief Justices as they then where (Justine Sakala, Justice Ngulube) sitting as a tribunal opined that “the ‘new’ constitution does not apply to already existing matters & the law can…

    • @Avolatro: And you conveniently decided to skip over the part where I have clearly indicated that Act 1 of the Zambian Constitution provides for many other things (during the transition to the new Constitution,) such as the case you are alluding to of DPP Mutembo Nchinto.

      Like I have said, take the case to Court and seek Judicial clarification than relying on opinions and emotions. The Cabinet Ministers’ case of vacating their offices after the desolation of Parliament is a case in point that Courts are the best place to resolve these matters and just speculating. And the President has challenged those arguing otherwise to do so—GO TO COURT! In my humble opinion, the Cabinet Minister’s case is more in tune and closer to what is being discussed here than the Mutembo Nchinto…

  31. As to the incompetence of the concourt, I wish you were in the legal fraternity, then you would realise that, that sham of a ruling is not followed at all. All the courts in any proceedings are following the correct interpretation which has never changed & is no different to what is provided for under the constitution. Remember, When someone has stolen whether he is acquitted on a legal technicality & not that he has not stolen. He is & will always be a thief & that can never change! The same applies to the incompetent/negligent/fraudulent concourt.

    • Quote: “…All the courts in any proceedings are following the correct interpretation which has never changed & is no different to what is provided for under the constitution…”

      STOP LYING! Which Court is following your so called “THE CORRECT INTERPRETATION”? Can you tell us what the CORRECT INTERPRETATION is, and in what case and Court has this happened? Because in my recollection the ConCourt verdict is only a few months old and we have NEVER had any other Presidential Petitions since. So what the hell are you talking about?

    • continue:

      And please STOP BEING SO EMOTIONAL FOR NOTHING. The ConCourt can NOT be “incompetent/negligent/fraudulent” just because they ruled against your preferred outcome. You applauded the same Court when it ruled against Cabinet Ministers and ordered them to pay back their salaries they accrued during the period in question. Calm down!

  32. Some Bloggers don’t understand law. The UPND Petition was not heard on the basis that the 14 days had expired. So the Petition has not been heard and disposed off and so it is there and alive. The issue being determined in the High Court is whether the Petitioners have a Right to be heard even after time has expired? In terms of the Bill of Rights the Petitioners have a Right to be heard and have to be heard even after 14 days had expired. In the case of Gambia President Yahya Jammeh has filed a Petition in the Gambian Supreme Court (GSC) against the Election of Adama Barrow even after conceding defeat initially. Ecowas has conceded that President Yahya Jammeh has a Constitutional Right to be heard and the GSC is meeting tumoro to consider the Petition 40 days after the Election Results…

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