Wednesday, April 24, 2024

The Constitution is Clear, President Edgar Lungu is Eligible to re-contest in 2021-Wynter Kabimba

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Wynter Kabimba
Wynter Kabimba
RAINBOW Party President Wynter Kabimba has said that the Constitution is clear that President Edgar Lungu is eligible to re-contest the presidency in 2021.

Mr Kabimba said in an interview yesterday that the Constitution was clear on the matter of eligibility of President Lungu to re-contest the 2021 general elections.

“You…what does the Constitution say about this matter (President Lungu’s eligibility to re-contest the presidency in 2021) …? It’s very clear… he is eligible…I have said about this matter on several times,” he said.

Meanwhile, former United Party for National Development (UPND) Katuba member of Parliament Jonas Shakafuswa said there was nothing sinister about the President’s declaration to re-contest the presidency because he qualified to stand without any barriers.

“It’s very clear our President is eligible. The problem is that some politicians are looking at this matter with emotions. They know they will lose again in 2021, that’s why they are not being rational. We need to critically understand the Constitution on that provision,” Mr Shakafuswa said.

He said it was naive for some politicians to even suggest that President Lungu should resign owing to his declaration to re-contest the presidency without reading the provisions of the Constitution.

President Lungu, he said, had performed well in heightening development across the country, and there was need for all Zambians to give him another fresh mandate.

And A Political analyst has said that President Lungu qualifies to re-contest the presidency in 2021, stating that provisions in the constitution are very clear.

According to the amended constitution, “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).”

Political Scientist Alex Ng’oma said in an interview yesterday he supported the declaration by the President that he qualifies to stand in 2021.

Dr Ng’oma urged those aggrieved not to use emotions when debating the matter but refer to the Constitution as the President has suggested.

“What I am saying is that in a democracy all members must not talk emotionally but consult the Constitution,” he said.

Dr Ng’oma said it was wrong for any person to stop President Lungu from standing in 2021 and urged people to understand the matter before making statements.
“It is not by power or might but by the Constitution,” he said.

According to the amended Constitution Article 106 (6) 3 (b), 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 purpose 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 elections.

President Lungu said last week that he will stand as Patriotic Front (PF) presidential candidate in the 2021 general elections if the ruling party adopts him because he was eligible to do so.

The President said he wanted to put his eligibility matter to rest by coming out publicly due to some PF members going round mobilizing themselves and their supporters in readiness for 2021.

78 COMMENTS

  1. This is an obvious fact! One ECL will be our candidate in 2021, why are these blood thirsty animals in United Party for National Dunderheads so concerned? Because it means 6-0 for their record losing Hungry Hyena in 2021!

    • Inflation at single digits, dollar expected to reach K6 by March, more jobs expected in the mines after rains thanks to unprecedented demand which is already seeing the price of Copper above USD 5000 per ton and expected to reach a 5 year high of USD 6200 per ton according to international analysts. Despite army worms and stalk borer infestation we are expecting another bumper harvest thanks to excellent rains! I think its safe to say God has blessed Team PF and One ECL is on the right track thanks to hard work and God’s protection!

    • Awe bane, let others take over. We’ve already seen what the 2021 issue is doing to PF. If Nathan Chanda was so aggrieved by Kambwili calling him a witch, why didn’t he take the matter to court instead of taking it to the PF? Persecution has already started for those opposed to Lungu standing in 2021. I regret voting for him in 2015& 2016.

    • What were we thinking to have had buffoons like this Winter to (mis)lead us????

      We are now reaping the harvest of leadership that manages crisis after crisis, no planning at all except to continue stealing by remaining in public office. This is the PF legacy aka “dununa reverse”.

    • What’s on Wynter’s mind.

      Next he wants to work with PF ?

      The amended constitution yes. The questions is – should we be following the amended constitution or the one that LUngu was first allowed to be elected upon

      How many cases has Wynter won ?

      Thanks

      BB2014,16

    • Interesting how some people throw away ambitions at the slightest hiccup!
      It is either you are with PF or against it; politics are not neutral! We now know where Winter is! The amnesty at work!

    • @2020 Vision, you are extremely amiss there. The crippling budget is set to wipe out whatever is remaining of the small to medium sector. KCM is in liquidity troubles and unless the price of copper breaks the $9,000 ceiling, it should wind up or massively scale down its involvement in copper mining in Zambia. The other mining firms are in no better positions. Understand that they will have to expand from current sizes for the money they will make as a result to significantly impact on Zambia economic growth and dent poverty. Currently policies, coupled with slow recovery of copper prices mean such expansion is on ice at the moment. 2017 looks like a year of just breaking even for most of them.

    • Then juxtapose that with the due payments for the euro-bond interest and principal. all the little taxes government will be making will mostly go toward servicing this debt. And if you were around or old enough during the HIPC days, you would know that when governments has to service huge and nonnegotiable debt, social funding to thing like health and infrastructure suffers. Education also tanks and basically nothing about tangible development can be talked of in such situations. The PF government will basically struggle to just keep the country afloat. it would be dismissing reality to expect ant significant growth in the next 4 years given the current grim economic picture and outlook.

    • Nonsense! Winter Kabimba is another visionless lawyer like blind Lungu. Yamunyokola njala Kabimba just like the hungry Pilato. Rotten mongrels! Say NO to visionless Lungu’s 3rd term dictatorship & let the presidential petition be heard, simple. Third term bid for blind Edgar is a nonstandard, its rubbish.
      The Skeleton Key
      ~206~

    • @ Vision-less 1mbecile

      You need “expertise” (LOL) of a failed lawyer which has NEVER won single cause to comfort your inbred 1mbecility?
      Wake-up and look at the stark reality of the PF “unprecedented development” in last 5 years. What do you see reflected in your dark lenses? Prosperity? Two million jobs? More money in Peoples pockets? Rule of Law? Interest rates at 7%? Mealiemeal at K35.00? Whole Chicken at K16.00? Bread loaf at K2.99? Pork meat at K18.00?

      WAKE-UP

    • JOURNALISTS KINDLY STORM AG AND CONCOURT OFFICES FOR ANSWERS
      =======================================
      I still insist let AG(Attorney General) and the Concourt(Constitutional Court) bury this talk because next time we will hear another misguided individual articulate issues to the contrary. We have institutions vested to settle the dust where ever we have doubts. Besides, so far two lawyers have voiced their opinions EDgar and Wynter included.
      For those really concerned with this matter, is ECL giving you sleepless nights or some kind of rash?

    • Comment:just explain clearly why you are saying he is eligible.I don’t law but what I can say is that the first time ECL ruled he was completing Sata’s term of office and now he just started his.I think that’s clear.I’m just a barman.

    • “The President said he wanted to put his eligibility matter to rest by coming out publicly due to some PF members going round mobilizing themselves and their supporters in readiness for 2021.”

    • Mr 20/20 Vision
      We who support the main opposition party have been called all sorts of names by you PF strongmen. Just remember you never win an argument by calling another human being a dunderhead (as you say) or a donkey (as your compatriot, Terrible says). In multiparty systems divergent views make systems work. Those of us who came through Kaunda’s autocratic and dictatorial system shudder to hear some of you guys call us all kinds of name. Surely we can debate without recourse to crudity as scoundrels usually do.

    • let him stand so that he can loose honoury coz this time around he will not have my vote and that of my entire family coz its like he taking us for a ride and fools ,what he going what he wont do in this 5years come EDIGAR GROW and stop that cheap polotis . here there is issue of morality and politics so choose.Others with no vote for you count me out enough is enough.There are pipo in the PFDwho are ready to take that post but its like you are too greed to let it go,shame on you

    • People Oh Zambian people! It saddens me that we should be swayed to start discussing an issue of no immediate concern to alleviating current problems that the country is facing! Each one wants to express their view on Lungu’s eligibility to re-contest in 2021 yet there are pressing issues of greater interest as ministers who illegally stayed in office when parliament got dissolved and have been ordered to pay back what they had amassed during the time! Don’t we want to know progress on this? Where are the Mulungushi Textiles jobs promised to the people of Kabwe? Where do the TV levy funds go as they are collected by ZESCO for television reception is still a challenge around the country? Saviour Chishimba has raised suspected maize gate scandal amidst rising mealie meal costs! The tax…

    • contd… payers supported health sector has sunk to levels of traditional practitioners and remedies while the education sector is in tatters! Surely out of the many worthy topics we can follow we can choose to divert to discussing a matter that should be left to PF membership! As far as I am concerned PF and Lungu can decide whatever I won’t just vote for him irrespective of the Constitution provision for his eligibility. Too many bright Zambians roam the streets but leadership has failed them on availing opportunities that they contribute to development. Five years is more than enough to help me determine how I vote.

      Oh yeah! Mr Kabimba could be seriously considering Lungu’s amnesty to independent MP’s and joining in!

  2. Kabimba wants a way back to political relevance. His Rainbow party is as good as dead, after the resignation of high profile members like Musumali, Luhonde, Mulongoti and the oblivion Memebe has gone into. He knows his prospects for political success are zero if he remains in the shell called Rainbow. Then on the other side (PF), a party he was hounded out of, the people who hounded him out (Kambwili and co.) are on the verge of being ejected from the party. While some of them (GBM) have already left. So with the coming to prominence of new PF members he has no issues with (the MMD cartel, Mwila and others), this presents the best time for Wynter to go back to a party he was forced out of.

    • So his misguided statements on the constitution are not genuine or based on any shred of legal credibility. They are a smokescreen being used to deceive the masses on his real intention, which is to get back to political relevance by rejoining or forming an alliance with ruling PF.

  3. Which is the law in force after the commencement of the 2016 amended constitution as regards the sitting president at the date of assent? Is it the law that ushered in the president prior to the presidency or the law arising from the amended constitution? Is the constitution retrospective? It is well to cite the constitutional provisions for the furtherance of one’s standpoint, but such citation can only have merit if backed by the fact of whether the amended constitution demises the previous constitution to the extent of the amendments.

    • I like answering the questions sometimes using the bible. The fact that the new testament came does not mean that the whole of the old testament has become obsolete but some provisions of the old testament has ceased to operate. one good example is that salvation is no longer by keeping the law but by grace that is believing and accepting Jesus Christ. In similar way the clause to do with the eligibility of the candidency of the presidential candidate in the previous constitution has been superceded by the clause in the amended constitution.So the arguments on the eligibility of the presidential candidate should be based on the amended constitution. I beg to move

  4. You are talking of 2021, apa so nilibe unga kunyumba. Niuzenikoni vinangu naimwe. Whats the problem with you people?

  5. Who is Kabinda and what business has he got to talk about Lungu’s Eligibility to stand in 2021? Zambians have got their eyes on the Ball and want to know Now: Who won the 2016 Elections? Why is Lungu blocking the Hearing of the Petition in Court using his Friends and “Night”Judges at Concourt? Without Hearing and determining the Winner of this Election in Court, Zambia has no Legitimate President now. Lungu is masquerading as President and clinging on to Power Illegally just like Jammeh of Gambia and Kabila are doing. Ecowas is doing a fantastic job protecting the Will of the People. What is SADC doing about Election Disputes in Zambia and DRC? SADC must wake up and smell the Coffee. In Zambia, SADC must insist that the Petition be heard and determined so that the country can move…

  6. “he will stand as Patriotic Front (PF) presidential candidate in the 2021 general elections if the ruling party adopts him”. I think that’s major point right there. Lungu cant & doesn’t want to dictate his way to being Presidential candidate, but has to be adopted by party members (which will be obvious). So till then lets forget 2021 and focus on this here now 2017 terrain.

  7. Ba wynter mwabweleni ex-council lawyer who has never one a case . Please get ready to be arrested for registering foreigners to vote for sata! You are on record and ought know thats a criminal offence but then again you wouldnt know because your legal skills are nxt 2 zero

  8. Another lawyer another interpretation. Depending on what you want to “happen ” he’s either right or wrong. Our fathers lived without a written consititution and they survived.

  9. Shakafuswa is saying some opposition members are debating this issue with emotions because they know that they will lose again in 2021.This statement must be rephrased by saying: “PF will rig the elections again in 2021”

  10. Let us not get excited with these fake lawyers, we know there legacy. Winter and Lungu are birds of the same feather.They both have never won any serious cases in the history of this country worth talking about. All their legacy points to, is shewing clients money and were almost banished from the bar. Its not too long ago when the same fake lawyers at state house even read the constitution in front of ambassadors, blatantly told Zambians that they had a culture of not reading and that only them knew the constitution, misled everybody on ministers remaining in office after dissolution of parliament. The rest is history, let us wait for the con-court to interpret the law, lets we look stupid once again.

    • Very eloquently put.

      Even the usual PF vuvuzelas will be scratching their heads when they read that….with nothing to say.

  11. Why can’t the President concentrate on solving problems facing the Country but instead start talking about standing in 2021? Who cares whether he stands or not. Whoever will stand the plans are to rig the elections again. Man’s plans are not God’s plans.

  12. WYNTER is FANTASIZING that he’ll be LUNGU’s running-mate since Inonge will be to old to stand. Just like the way he FANTASIZED that he would be the next President when he saw that SATA was dying.

    He even became so pompous & went countrywide restructuring Party structures in preparation for PF bye-elections. Thats how we ended up with Lazy-bumz LUNGU.

    Zambians rejected the issue of 3rd term with FTJ’s bid. Whether it was unscrupulously sneaked into Constitution or not, the will of the people shall prevail.

    Reviving the 3rd Term debate is like bringing back UNIP’s ONE-PARTY Dictatorship.

    As Bembas say Kabwelela-numa kalalya.

  13. All the 1mbeciles criticising winter are not making references to the constitution why? Is it because you are only interested in insulting? Yes winter is a failed politician just like the tribal leader but has made a valid point here. Challenge him by quoting the constitution chabe.

  14. Bad calculation kabimba we know u looking for job but lungu is sick and won’t last till 2021. Ask him to public disclose his health certificate.

  15. Who are you kabimba? Another useless lawyer, Here in Ngoni land we don’t want to see either you kabimba or chakolwa lungu. You are all failed politicians. As a spokesman for the paramount chief we have resolved not to invite lungu to this year’s N’cwala traditional ceremony. He has misled many Zambian people due to his insansiable appetite for power. Matuvi ya president!

  16. Voting on LT is rigged. I am not a Zambia but staying in Zambia. What is happening is that when you vote for views for certain people a double score is entered, whereas when you vote for a view for others a score is entered on both green and red, means equal score achieved. try to vote on comments which are specific and confirm.

    • You are right! This is the way of voting in Zambia. If you vote for PF, your vote counts as 2 votes. If you vote for the opposition, your vote counts as a deduction against the opposition (ie No, I don’t want change! ). LT must be owned by ECZ, the vote riggers.

  17. Hatred truly blinds ,you HH worshippers surely why are you arguing with facts ,Lungu is standing in 2021. Go to the ConCourt for interpretation and we will laugh at you again because the constitution is very clear

    • OK watch what happens. Same was said about sata. We were told that sata was alive and kicking and yet his trousers were falling. L3t lungu publish his medical records. I know and have seen them. Let him show us

  18. If the President didn’t make his position known now, the same people would have been insulting him and accusing him of using people to announce his third term bid (and these guys know that he qualifies) but they are afraid that he would thrash them, especially now that he has gained more experience coupled with unprecedented development and stability that he has brought to PF – it be very difficult for them (UPND) to unseat him with the same failed leader and same tactics they are stuck with and have used over 5 times. Remember that truth will always triumph over a lie. God bless Zambia!

  19. After understanding all your arguments let me bring this matter to rest – I hope the concourt judges read my judgement on this matter. The question to be answered is what did the framers of the law want to achieve by limiting the presidency? They didn’t want anyone to serve more than 10 years in that office. Therefore, ECL will have served 7 years by the next election. Giving him another 5 years is breaching the provisions that limit the presidency to 10 years. So, ECL has been elected to the office of president twice and therefore does not qualify to stand again. Matter closed.

  20. 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 purpose 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 elections.

    It is clear that this clause applies to a vice President assuming presidential office and…

    • Why are you ignoring ‘ .., or a person elected to the office of President as a result of an election held in accordance with clause 5(b)..’?

      Why should you limit yourself when things are this clear, with an ‘OR’ right in your face.

      Some people want to force themselves into a box even when the box is clearly too small.

      Let us learn to always think outside the box.

    • (5) (a), or a person is elected to the office of President as a result of an election held in accordance with clause 5 . who is that person sir?

    • @ 24.2 ESHU,

      That person is Lungu.

      If you know how to interpret law, you will understand the the circumstances under which Lungu was elected will fit 106 (5)(b).

      Remember that much as the current Constitution was not there at the time Lungu got the part-term, the circumstances described under 106(5)(b) fit into the events that took place.

      I hope you were asking to know, bit if you were asking for arguments sake, then you have a choice to say no; you are entitled.

  21. Quite alright he can stand, the constitution is clear, but the clause relating to “twice elected” also stands. It was not removed.

    • Take note of article 106:

      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.

    • Take note of article 106:

      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…

    • 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. Thus he is just beginning to serve a term now, and FOR PURPOSE OF CLAUSE (3), he has never held Office of President, but just starting to hold office…

  22. ***** and block kabimba soliciting for a job what can this tell you is not a factor in Zambia’s politics arena who cant even win any vote even if is made to a constituency comprising of dogs.useless state council without a vision.

  23. Hungry Hyena should get concerned with how and why ECL should stand 2021..let him consult Martha Mushipe maybe she will do some probona advice. ECL has challenged everyone to read the constitution,which people like obvious mwaliteta seems not to be good at.

  24. Take note of article 106:

    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.

    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. Thus he is just beginning to serve a term now, and FOR PURPOSE OF CLAUSE (3), he has never held Office of President, but just starting to hold office…

  25. Imagine you have just come back from the hospital where you have been told that your wife’s nausea is indeed because she is knocked up! And what do you do, you all of a sudden start talking about knocking her again with the second child, what does this say about you? It means the one in the stomach is not yours and you are keen to make your one. No wonder when lions take over a pride, all the baby ones are killed by the new Mufasaz. This is proof Chagea knows he did not win the last elections.

  26. Zambian politicians amazes me. You do not stand because the constitution allows you but because you have a vision for the country. If someone says I have achieved this and now to achieve these others things, I need to stand and I am allowed by the constitution. You can rule for as many years like Mugabe but if in the end, the country is worse than what you found it, why did you stand then.

  27. Zambia in its current state can not hold free and fair elections with an incompetent judicial system that is un able to prove direction on the interpretation of the laws in the nation. Zambians are subjected to speculation with regards to the laws of the land. The president who is on record to have misdirected and abused the constitution by insisting that upon dissolution of parliament ministers can continue in their position as ministers. Today he claims to be eligible when the law is not consulted by the learned judges to give national direction of the debate. Instead, cadres approve what president Lungu declares and others disapprove raising tempers being misconstrued as national debate. Wrong! Zambia lacks judicial acumen to legally direct the national debate with constitutional…

    • The opposition does not need to win to prove that the elections were free and fair.

      Just like the past elections, the only acts that made it look like they were not free and fair were the false claims the UPND made, and the displacement and assaulting of people in Namwala and other parts of Southern Province.

  28. I saw a picture of HH on the front page of the Mast tabloid that he funds, he was posing as a boxer fighting His Excellent Chagwa Lungu. HH looked like a caricature of a donkey in boxer attire. Apparently the Mast is promoting and selling HH!! Imagination yaba Mutinta alias Mmembe yali bako retarded mwe!

  29. Kabimba has never been a real lawyer. The only law he practiced was writing memos and bylaws for the council as Town Clerk. He failed to produce the same constitution he sat on for close to two years.

    Lungu was never VP or President-elect prior to 2016. Those clauses dont apply to him.

    Are telling me that Lungu and Inonge can rule forever? Suppose Lungu rules for 2.5 yrs and resigns. Wina is president for the 2.5yrs. They start another 5 yrs and share power equally, they can go on forever until they lose or death do them apart. This is what those clauses were trying to fix. If you hold office of President twice, you are DONE.

  30. I thought the clause being referred to is talking about a vice president who assumes office after the president elect is no longer functional. ECL was ushered into power under two constitutions, the 1996 amended and the 2016 amended.
    in both constitutions, there is a clause on eligibility- clause 35 in the 1996 and clause 106 sub 3. All say a person who has TWICE held the post of president is not eligible for re election. Unless someone says part IV of the 1996 was completely repealed. If it was, we should see a totally different phrasing pattern in the 2016 amendment. Unless the law assumes that every thing starts anew, that is since ECL “second term” of office was under a new constitution, even if he ruled less than 3 years under the old consitution, he is infact serving a first term…

  31. The lawyers are all quiet in the guise of studying the matter. Please next time draft laws that make sense, are straight and not ambiguos. How can you be ruled by laws that are full of ambiguity? Every time, mwamene wai mvelela! No, this habit must stop!!!! I thought the clause being referred to is talking about a vice president who assumes office after the president elect is no longer functional. ECL was ushered into power under two constitutions, the 1996 amended and the 2016 amended.
    in both constitutions, there is a clause on eligibility- clause 35 in the 1996 and clause 106 sub 3. All say a person who has TWICE held the post of president is not eligible for re election. Unless someone says part IV of the 1996 was completely repealed. If it was, we should see a totally different…

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