THE Law Association of Zambia LAZ has indicated that it has no official position on President Edgar Lungu’s remarks that the constitution allows him to contest the 2021 general elections.
And Opposition People’s Alliance for Change PAC President Andyford Banda said there is a constitutional crisis in the country with many misinterpretations especially on the third presidential term of office.
Various stakeholders have repeatedly called on the Constitutional Court and LAZ to give their constitutional interpretation on President Lungu’s eligibility to contest the 2021 elections with others arguing that he cannot contest for a third term.
But when contacted for a comment, LAZ President Linda Kasonde in a brief response said the association has no position to give on the matter.
“No we don’t have a position yet. We will let you know as soon as we have any.” Ms. Kasonde said.
Ms. Kasonde could however, not state whether the association would be able to give a position on the constitutional interpretations of the presidential term of office and whether President Lungu was eligible to contest in 2021.
The silence on the matter by LAZ has been questioned by many individuals who have suggested that it could mean President Lungu was eligible to contest in 2021.
PAC President Andyford Banda said a lot of people have confused President Lungu’s position on his eligibility to contest in 2021 to that of 2001 which was centred on attempting to change the constitution to allow the then President to go for a third term.
Mr. Banda said it was therefore, important for institutions mandated with the interpretation of the law that include the constitutional court and LAZ to give their position on the eligibility of President Lungu to contest again.
“We have a constitutional crisis to a certain extent and as PAC, we want these institutions (Constitutional Court and LAZ) to give us their position.” Mr. Banda said.
Could it be that Linda is now scared of that warning of being PF Enemy from the Ugliest living Zambian man, the PF Secretary General Mwila?
Linda Kasonde seems to slow down on government criticism.
This is Africa where leaders seldom take kindly to criticism. Is she afraid of being seen as anti Lungu and thereby being squeezed out of business a typical bullying and intimidating tactic favoured by insecure and incompetent governments?
Keep the fight for justice going heroines and legends are never intimidated come what may.
The sucrifice you make sometimes determines your greatness and cowards are never remembered for anything!
Kasonde has been a terrible mistake for LAZ
She should never have been accorded such a high position.
She is useless
Thanks
BB2014,16
Can someone explain to me the role of LAZ in Zambia’s growth and sustainability? Where is LAZ when people’s lives are being ruined by mining companies? Bye Linda
Good not to have those 20 pages stories from Linda.
My conclusion will come after Gen.Miyanda’ s interpretations on when Edgar need rest.
LAZ (not LK) has an obligation to feed into public opinion the views that strengthen democracy, the rule of law and good governance in Africa. Time is running out for LAZ to hold a consultative meeting to consult the executive members on the way forward. If LAZ starts procrastinating and dilly-darling, then LAZ is in fundamental agreement with the Third Presidential Election Bid while at the same time pretending to be against the Third Presidential Election Bid. Or is holding a referendum the solution to the problem?
I am surprised that Linda is talking about a “position” rather than guidance on the interpretation of the Constitution. What is the role of LAZ? Is it to take positions on issues or help to guide on the interpretation of the Constitution?
Very Dull .Linda Has never been a coward . LAZ are always strategic . They have a position on this matter .They will only challenge the Constitutional Court once they rule based on Petitions by some stake Holders. It is too early to start finishing off Energy on this issue.
Now its too early?
Challenge constititioal court?
Ask HH about constitutioanl court he has more experience !
As for Linda its called cold feet!
Linda Kasonde this and that …get it through your skulls that she is not LAZ and LAZ is not Kasonde, just a mere figure head…there is no position as the association has not tabled the matter!!
Bati ulichikopo iwe! Aren’t you the same person who says lungu this lungu that?
Should we then say lungu is not government it is government that runs the show?
Don’t just yap yap think sometimes Jay Jay!
So you are comparing a Head of State to a President of an Association?
Because lungu has not yet told them what to tell the nation. Laz is a hopeless waste of space and time. Please no one even takes you seriously. If I nez can analyse the law and tell you that lungu does not qualify within days why should u so called learned lawyers fail to do so in months. Useless bought dogs. #lungumustgo
Do they need to table the matter really? These are lawyers who should just state their position once and for all so that we know were they stand. If Chipimo Jr. has given his position why are these scare scrolls failing to state a simple yes or know and elaborate like Chipimo has done? This Lungu is up to no good or maybe he has bribed the whole of this Institution or threatened not to appoint some of them as judges. Ba Kasonde, we know that you (LAZ) have a position concerning this matter, just lay it bare for all to see if truly this Institution is above board.
Linda is not scared she is only studying the constitution further. A presidential term in the new constitution is considered if you serve 3 year and over President Lungu only served less than that so in a nutshell
this is his first term
Cecilia, you sound like a cousin to the person who tried to frame the constitution to try and favour one particular individual. In 1996 Kaunda tried to contest the Presidential election for the 6th time claiming the new constitution allowed him to do so because it came into effect after he had left power. In fear of a likely sympathetic judiciary, Chiluba added the parentage clause that appeared to bar Kaunda from contesting completely. Unip ended up boycotting that election and the rest is histroy. Unip is gone buried just because on them insisting on fielding Kaunda for President. However, even without the parentage clause, Kaunda could still have been disqualified from contesting because he had already been elected more than twice as president. This is the Key in our law. You are…
elected twice or take over with more than 3 years before the next election, that’s it, DONE! If PF want to be anything of factor in 2021, they need to look beyond the current leader. The Con court will do the right thing and interpret the constitution correctly. Laws are written for the good of society not for particular individuals. In a moral society, the PF leadership should have resigned after losing the referendum vote but Alas, this is Africa. It’s about personal enjoyment not what you can do for your country.
What a dull nation we got there. No body seems able to give a proper interpretation, including the very people and institutions whose profession is to throw light on such things. Laz is definitely scared to say something lest they step on Mwila’s big feet again.
Linda Kasonde and LAZ have a matter pending on their table, the disciplinary hearing for one Martha Mushipe. Has she submitted her exculpatory letter to the LAZ Disciplinary Committee? Did she meet the deadline? If not, has ruling been passed against her? Until LAZ disposes of the Mushipe affair, they have no moral right to make comments on other matters including the current debate on constitutional terms. LAZ cannot afford to practice double standards with one law for Mushipe and another for the rest of us. Even if it means banning her from practising law, let her face the consequences of her uncouth unlegal behaviour.
For the avoidance of doubt, LAZ don’t dare open your mouth before you remove the stench in it.
Now that I have asked LAZ to shut up, let it be known that there is no basis for any action by Concourt, not even an interpretation. There is no aggrieved party here, what President Lungu has expressed is a personal opinion, is he exempt from enjoying civil rights like the rest of us? Isn’t HH in High court for what he mistakenly thinks is a violation of his civil rights? If President Lungu carries his opinion through to nomination in 2021, then you can challenge him. Sorry not before, there is no basis to sue His Excellent for expressing an opinion.
LAZ are still consulting the president and PF,this association is the useless body in Africa.
Are you telling us the lawyers don’t know or don’t understand the Zambian constitution, this tricky now. Where are we heading to people.
Zambian lawyers are the most dull and corrupt on the planet.
Mushota is dull.
A bunch of fools we are bane
When is LAZ going to have a stand? I dont believe LAZ has no position? LAZ is trying to wait for more debate from people on this and choose the most popular one being discussed in buses and bars. A reputable organization like LAZ needs to have a position. And dont let this position be for Linda alone but for LAZ. in the past Linda has given positions that are hers and not the organization’s. I am much more inclined to believe Lungu is eligible to stand. UPND knows this and many other parties know this. Chipimo is just appealing to the gallery. Where did he train as a lawyer?
Takwaba!
Yet? Why? I thought you lawyers have ready-made legal solutions at your fingertips or are you first checking out who you re gonna rub the wrong way?
This has simply to do with a term served which is less than 3 years, when the amendment was passed and who is affected. As it is HE ECL’s first term was only one year. But the law was not in effect then. It requires a committee of Justices to interpret it. LAZ may have an opinion but has no authority. What should be established is what the legislature had in mind. For the future it is clear but for HE ECL the law has no retrospective effect he is not covered. 2021 would be a third term, it really is.
It is not the role of LAZ to interpret the Constitution. LAZ can give its Legal Opinion when it feels like and after all this issue is Not a priority and can wait for the next 4 years. The debate on Lungu’s Eligibility is a distraction from the 2016 Election Petition, the dying economy and PF’s factional wars. Priority Number One is for Zambians to know who won the 2016 Elections. Both Lungu and HH claim they won. The Petition should be heard ,determined and the Winner declared by the Court. Until this is done Zambia has no Legitimate President. Lungu has usurped power and is clinging to power illegally. Stealing elections and usurping power has serious consequences on Zambia. Illegitimacy has a cost to the Zambian Nation. If Lungu won the Election why doesn’t he give evidence in Court…
Linda is not Law, she just a president of Law which comprises various lawyers. To tell you the truth, LAZ individual members are also interpreting differently. No wonder madam Linda can not give an organisation stance. They are urging among themselves.
In the Third World you can spend 5 years saying you don’t recognize your president. I saw it in Zimbabwe Malaysia
LAZ is OK. It is too early to start debating 2021 election. Why is our beloved President selfish. Linda is fine to keep quiet for. She has a life to safeguard.
@ Umujoza. LAZ is not under any obligation to state the position of Lungu’s bid for 2021 elections. :LAZ will make it known at the right time. Government through the CON Court has an obligation to inform the nation about Lungu’s eligibility over his bid for 2021 elections. I mentioned it elsewhere that the problem in Zambia is the weak judicial system and some judges of the CON Court having been bought out creating a division among the judges. This state of affairs is unhelpful to Zambians and can not be pressed on LAZ. This is a constitutional matter to provide direction to the nation through the CON Court. As Zambians, we should agitate for the CON Court to interpret the constitution on this matter to the nation.
This simply means that laz believes he qualify’s to stand but is looking for a way to oppose that position. we shall know soon as the learned lady finds a way …. thats soon enough