CiSCA and Green party express concern at President Lungu’s threat to impose the State of Emergency

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Peter Sinkamba
Peter Sinkamba

Civil Society Constitution Agenda (CiSCA) and the Green party has said that threats by President Edgar Lungu to declare a state of emergency are disturbing.

CiSCA mobilizing committee Chairperson Nicholas Phiri has reminded President Lungu that beating or corporal punishment by a public officer has been declared unconstitutional by the Supreme Court.

Mr. Phiri has referred to the case of Banda vs the People of 1999 in which the Court ruled that beating or corporal punishment is inconsistent with Article 15 of the Bill of Rights.

Speaking at a media briefing in Lusaka today, Mr. Phiri said that Article 15 of the Bill of Rights is therefore non-derogable.

Mr. Phiri said that this too meant that such a provision of the Republican Constitution cannot in this case be suspended even in an event of a state of emergency being declared in Zambia.

Mr Phiri said that the protection of people from inhuman treatment is also reaffirmed in article 16 of the convention on the elimination of Torture, Inhuman and Degrading Treatment.

Mr. Phiri further said that CiSCA has now established that the PF government is full of inconsistencies, incoherent and incorrect statements when it comes to upholding of national values.

Mr. Phiri said that they have particularly observed that in his recent public utterances, President Edgar Lungu has contradicted himself with what he said in his State of the Nation address to Parliament.

He has cited President Lungu’s recent statement that there is no need for the ruling PF to dialogue with the opposition UPND after the August 2016 general elections, as one such utterance that goes against his speech to foster national unity.

And the Green Party has released the following statement to the media on threats by President Lungu to impose the state of emergency

WE SAY NO STATE OF EMERGENCY: IT MAY WORSEN ECONOMIC SITUATION, SHOULD NOT BE CONTEMPLATED

The news from Livingstone that President Edgar Lungu may contemplate declaration of the state of emergency is extremely worrisome to us as the Green Party. We would like to appeal to the President to exercise maximum restraint on invocation of emergence powers at this point in time because instead of achieving socio-political objectives, the declaration is likely to unwarrantedly hurt the economic situation in the country.

A declaration of state of emergency will surely scare away most economic partners. In particular, it will invariably dissuade the IMF from the US$1.6 billion bail-out Zambia. Since emergence powers authorize the taking of possession or control by government of any property or undertaking as well as limiting or suspending civil liberties and human rights, these measures run afoul with IMF policies. In essence, a state of emergency will entail that all the good work that Minister of Finance Felix Mutati has done so far to secure the bail-out to stem the US$800million loan-repayment default goes down the drain. In addition, such measures will unduly scare away foreign direct investment. This means the US$2.8billion plans to refinance the Euro-bond will be a pipe-dream.

We strongly believe that the sporadic arson that the country is currently witnessing in some parts of the country is not extraordinary to warrant implementation of emergency law which invariably leads to restrictions on normal economic, civil or political activity and rights in order to address the extraordinary circumstances that have given rise to the emergency situation. We do not believe that the situation is exceptional as to warrant limiting or suspending civil liberties and human rights. It neither poses a fundamental threat to the country nor presents an imminent danger to any community. The arson situation can be ably dealt with by merely elevating security surveillance without necessarily declaring a state of emergency.

Emergency powers should only become necessary or expedient to secure public safety, the defence of the Republic, the maintenance of public order and the suppression of mutiny, rebellion and riot, and for maintaining supplies and services essential to the life of the community in the event of a natural disaster, civil unrest, an epidemic, a financial or economic crisis or a widespread and pervasive general strike. Only then can certain restrictions may be fully justified.

Furthermore, there is a danger that government may take advantage of a state of emergency to introduce unwarranted restrictions on human rights and civil liberties, not only to neutralize political opponents, but also for other self-serving purposes. This may give rise to “constitutional dictatorship”. We therefore urge President Lungu not run that risk.

Peter Sinkamba

57 COMMENTS

  1. Green Party is Correct. The illigimate rule by fear, dont they? So why is every Jim and Jack surprised. Until your wives and girl kids are rapeed by PF cadres, thats the time you know what we are taling about!

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    • Lungu is intending to flush out all the bad eggs in our country

      If you look at HH Treason Clause in the U.S. Constitution was written to prosecute Americans who betrayed the country on the behalf of enemy nation-states. For much of the United States’ history, the charge was a substantial one: rarely invoked, and usually only then against those who had joined another side in wartime.

      HH and his entourage should have STOPPED. They endangered the president.

      You don’t mock or undermine the president at all.

      The presidential motorcade and people withe president would have been excused to pull the Trigger and explain afterwards.

      Notice how the country is enjoying peace this week, coincidence?

      Accept E Lungu as the rightful presdeint of Zambia NOW

      Thanks

      BB2014,2016

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    • @ Muskoka
      You have become a waste of space on this forum. Probably just seeking attention, but your posts now are totally irrational. You used to make sense before occasionally but now you are consistently off the mark. Seek emotional help.

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    • You are irrational, that’s why by night, my next comments somehow will be the first one by midnight..mark my words; I make an official announcement to y’all…My name in Rainman!

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    • What’s the connection between state of emergency and corporal punishment? This is just poor reporting. In one sentence after your headline you tell us about emergency. Without any connection you jump to beatings do you know how to tell a story? No stick to baking then

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    • Shut up and go and sit down with Tayali on one of his hideous chairs that he keep parading on social media

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    • ” You cannot keep peace by use of violence”

      Lungu’s outbursts of anger only prove our suspicion he’s been a fake christian, he’s prayer and fasting meetings are only meant to hide his dark side.
      You can only pretend to be a christian for so long.

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    • Under gbm the party is now peaciful.

      You see what we keep saying

      Upend violence is just sponsered

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    • The kwancha is Now trading at 9.30

      By September as long as he is inside kwacha will he 8.5 against usd.

      Creg miles is one messing up our economy

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    • THE PROBLEM IS THAT ZAMBIANS HAVE A YELLOW-BELLY FOR A PRESIDENT. I HOPE PEOPLE HAVE A LESSON FOR THE FUTURE.
      THE PROBLEMS ZAMBIANS ARE FACING ARE SELF INFLICTED BY VOTING FOR LEADERS WITHOUT CAPACITY. LUNGU, THOUGH A LAWYER, HIS KNOWLEDGE AND UNDERSTANDING OF THE LAW IS VERY IS OPEN TO QUESTION.

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    • @ Vision 1.2,

      Mushota is not seeking any attention from you at all, but your fathers is seeking your attention now. T0nga bull dogss

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    • Some NGOs and parties just want to be heard and to be seen to be controversial in order to justify their existence.

      As long as there is threat or potential thread the government and the head of state have duty to protect citizens.

      The current behaviour of some individuals who are exhibiting and carrying out acts of anarchy is a threat to national security.

      The same NGOs and so-called parties would be the first ones to condemn Lungu if things went wrong.

      They would be the same ones to start sayimg he is weak and lacks leadership.

      Some of the people leading these parties and NGOs don’t speak but simply erupt in words and verbatim without any thought before they utter.

      One would think of it as a mere manifestation rather than talking.

      Manifestations are usually…

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    • Manifestations are usually characterised by uncoordinated and uncontrollable utterances and actions to which no thought is applied.

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    • I have to agree with one of the only few opposition leaders Mr Sinkamba (along with Bgr. Gen Miyanda) that speak sense that yes we should avoid a state of emergency! As it stands I don’t see a need of imposing a state of emergency- the incarceration of Human Hyena (HH)has not had the effect some of his stooges expected! Even in Southern Province there is peace and calm because many people have seen that HH is not worth a state of chaos! Zambians are wise enough to focus on peace and development despite the calls of hatred coming from such sa.tanic bloodthirsty animals as mental wanzelu, chiyaya and co!

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    • @ 1.15 2020vision,

      While I agree with you that state of emergency is not good, it is wrong for them to blame the head of state for stating that people should avoids acts that may call for state of emergency.

      You are told that you need to avoid eating dirty food, and creating an environment for mosquitoes because if you get sick the doctor will give you injections.

      Then you say “why are they talking about injections, don’t they know that injections pain a lot?”

      That doesn’t make sense because the injections are necessitated by the disease and are a remedy for your good.

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    • Lungu says that it takes one act to ignite trouble. But for him it has taken two; electoral fraud and arresting the opposition leader. In any case he has not even seen any trouble yet this thieving lawyer masquarading as a Christian and President.

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    • Let Lungu bring on the state of emergency. That’s when Bembas will realise what a desperate despot their beloved Lungu is. Zambia’s economy is about to be trashed.

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  2. SINKAMBA WHY U HAVE BEEN VERY QUIET ON HH VS ECL ISIT BECAUSE YOUR SUPPLIED THE STUFF THE HH TEAM SMOKED ON THAT MATERIAL DAY? I MISS YOUR FOCUSSED ANALYSIS OF ISSUES NOT BENA GEORGE MPOMBO WITH THEIR TUMA BRIEFCASE PARTIES

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  3. This is a real problem in Zambia, we seem to be more focused on the responses to address lawlessness and not stopping lawlessness. Clearly this Phiri chap is a UPND cadre with no brains at all. When people are burning shops, these kandile organizations are quiet, when courts are be burnt all are quiet but when this well able leadership decides to bring order in the country then all failures start talking ill of EL. To dialogue with opposition about what, did these chaps vote? If you voted then you already had your voice added – dialogue regarding elections is not part of our constitution, the government must maintain this same stance of pushing all lawlessness regardless of what international or chiefs who poop in trousers say.

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    • Looks like most bloggers are too young to understand the state of emergency
      Only when it hurts you directly that is when you will know how bad it is…with already excited ZP…

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  4. ‘Mr. Phiri further said that CiSCA has now established that the PF government is full of inconsistencies, incoherent and incorrect statements when it comes to upholding of national values’ – perpetuated by the President himself.

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  5. Opposition parties in Zambia are a joke! They don’t know what an opposition party must be doing no wonder this guy’s agenda is to legalize marijuana – nothing more! I have not heard anyone say anything about the behavior of Hazaluza Hagain in Mongu or comment anything on the Namwala incidence or even the burning down of infrastructure! Hazaluza and his cohorts are a danger to the peace-loving Zambians and a snake deserves …. to be locked!

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  6. We have now forced the Zambian embassy to close in London till further developments. It has been assessed as a risk to have people from all walks of life to protest and instead authorities have asked the shut down of the Zambian embassy. Protests were called because of political persecutions of oppositions going on in Zambia.
    Reply

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  7. The only thing disturbing is the failure to understand the threat UPND and it’s members impose on the state. All Political Parties were aware of dreadful misconduct in Parliament and out if it by UPND. IF THESE Parties want to lead gov’t they ought to understand why matters have by necessity come to this. The State must prevail, and it is the duty of all Parties to condemn the activities of UPND since elections since only violence can come out of it and hence StTe Of Emergency. It’s not the effect but the cause that you should be condemning.

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    • @Patriot Abroad: From a neutral point of view the fight between PF and UPND is as a result of the way our Concourt handled the Predidential Petition. If the petition was heard and determined, all this noise would not have happened to our beloved Zambia. We are one people regardless of political affiliation. How refreshing it can be to see the President ECL, sharing a happy moment with HH! The net effect on the ground will be positive. PF and UPND supporters will equally embrace each other as brothers and sisters. Zambia will only develop if we are united not when we are divided. United we are strong but divided we will fall.

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  8. What makes any of the dogs supporting the state of emergency think that the same dogs threatening others are not responsible for the sporadic fires and other stupid acts in order to justify their idiotic plans?

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  9. Before I rant,did any of you bloggers smoke pot on 20th April,It is actually an official day us in the West get stoned.This by far is the only party that takes into consideration the economic impact of this shananigans. Where is the security threat that can call for that.His assessment of the security situation is blinded by his personal vendetta againist this UPND characters.There is more to this than a mere traffic offence.He probably feels frustrated by the constant nudging of this opposition party.Even if there was no traffic incident another charge could have emerged.Your little democracy is being threatened by the actions of both the ruling and opposition.It is high time citizens who are the employers speak against such human rights violations and againist. agitators.Remember the…

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  10. Cont Remember the boy who called wolf?When the wolf finally showed up nobody believed him because all along he was just pranking the village. The real wolf has visited Zambia.Welcome to our world.Welcome to Uganda

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  11. Don’t just blame the upnd. the Election wasn’t fairly conducted. Eg Mwaliteta issue. Thousands of upnd supporters are still In jail. Do you think they keep quiet? Dialogue is the only solution,

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    • Mwapusa too much ba under5 party…it’s good ka Hh is chilling with mwaliteta.. They will come out reformed.. Or throw back

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  12. Hazaluza Hagain and his losers from Namwala still talk about elections which foreign observers never said were a problem! Dull!

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  13. He’s trying to be a strong man, he’s far from that.
    We had before him popular, SMART & wise people, KK , FTJ & Micheal Sata. Non of these men successfully tamed the Zambian people’s and it’s not because they didn’t try. We are not cut out for oppression and dictatorship, think again Lungu.

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  14. I never miss a comment by Mushota. I realised long ago that although she may sound eccentric at times, she is actually many times more thoughtful than all ********** combined. Of late in particular she has been outstanding and gone out of her way in defending her country. True patriot residing in Scotland.
    In contrast look at UPND on keys, burning property belonging to and serving the poor just to teach people a lesson for not supporting hh. How could a normal society install hh as President of Zambia mwe bantu? We nearly made a mistake in 2016 when he almost duped everyone including Miles Sampa, Mulenga Satan, Guy Scott etc. That shall never be repeated by the people, come 2016 you will get 31.3% of the vote. He probably knows that and that why he is safely behind bars in Chimbokaila.

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  15. But don’t worry hh, we are sending you some male company next week. We have caught a few so far and we will flush out their sponsors and send them to join you. Just tell us how many you want and we shall provide.

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    • You need to jail 50% of Zambia for the noise to stop. Zambia will be the next South Sudan.

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    • Zambias population is 16million and 50% of this is 8million. See how dull you are. To tell you the truth more than 80% of those who voted for hh have back peddled leaving only less than 20% hard-core tribalists like you still supporting and advancing tribalism in upnd. We will get all you lawless minion and put you where you belong.

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  16. Some NGOs and parties just want to be heard and to be seen to be controversial in order to justify their existence.

    As long as there is threat or potential thread the government and the head of state have duty to protect citizens.

    The current behaviour of some individuals who are exhibiting and carrying out acts of anarchy is a threat to national security.

    The same NGOs and so-called parties would be the first ones to condemn Lungu if things went wrong.

    They would be the same ones to start sayimg he is weak and lacks leadership.

    Some of the people leading these parties and NGOs don’t speak but simply erupt in words and verbatim without any thought before they utter.

    One would think of it as a mere manifestation rather than talking.

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    • Manifestations are usually characterised by uncoordinated and uncontrollable utterances and actions to which no thought is applied.

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  17. You can tell that Hipi Hipi is a trouble maker just by the peace the country has enjoyed for the past one week which he is being kept in custody.

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  18. @15.1 Buck teeth, Zambians are not violent people, we are a special breed of humanity that will wait for normal processes of changing leadership and accept wins or losses as they come and wait patiently another 5 years. When we want to riot we do so openly and in daylight but only when we are dissatisfied collectively as a people and NOT for an individual who dreams that he is in state house but ends up in Chimbokaila. The arsonists are hired ********** whom the patriotic public are nowbflushing out.
    By the way Buck teeth, is GBM now your acting president? Kikikikikiki…..keep dreaming and dream big, donkey!

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  19. Day 12:
    Hino mwabuka buti baasa ba hechi hechi? Mwapenga maningi? But this is only day 12, at the rate of preliminaries by your lawyers and adjournments to study the “complex” preliminaries, it may be another 51 days before the treason trial gets underway. Remember that treason is the proper case for you to be heard forever , no time limit like the 14 days of petition which has put you where you belong. This one you will be heard for as long as it takes, minus weekends, but you will remain there. If you confirmed as a proper client, you will be promoted to Mukobeko or Kamfinsa eh eh lodge or sorry maximum.

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  20. Unfortunately those are the repercussions of disobedience and lawlessness, The president cannot sit quietly while imbeciles go round the country setting hard-earned public infrastructure on fire. These acts of anarchy do not at all translate into justifiable reclaim of human rights or fight for justice. Sabotage to property only worsens the very poor living standards of the majority lower class. Help correct wrongs and isolate the thugs from the civilised innocent progressive citizens rather than promoting thuggery

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  21. @ 1.15 2020vision,

    While I agree with you that state of emergency is not good, it is wrong for them to blame the head of state for stating that people should avoids acts that may call for state of emergency.

    You are told that you need to avoid eating dirty food, and creating an environment for mosquitoes because if you get sick the doctor will give you injections.

    Then you say “why are they talking about injections, don’t they know that injections pain a lot?”

    That doesn’t make sense because the injections are necessitated by the disease and are a remedy for your good.

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  22. there are a lot of the educated fools who believe that they know it all . the state of emegence will affect everyone pf/upnd or non partsans

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  23. The president is right on this one, cause sometimes too much freedom brings lawlessness, a little whip will help redirect confused people who want to take take advantage of freedom.If you cant control yourself you will be controlled.We need peace and this is the way to go

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  24. It seems arsonists are trying to do their best by burning down public property. WHose property are they burning anyway? The state of emergency is usually declared by the state to bring order to the public. However, I believe that Edgar was just reflecting on the possibility. I don’t think Zambia needs it in PF government.

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  25. The twat from Glasgow needs a brain transplant. Get off the British benefits and stop embarrassing Zambia in the U.K.!

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