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President Lungu served less than 3 years in first term, he is eligible for 2021-Principal State Advocate

By editor
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President Edgar Lungu Signing the Documents of Oaths while the chief Justice Irene Mambilima looks on

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President Edgar Lungu Signing the Documents of Oaths while the chief Justice Irene Mambilima looks on
PRINCIPAL State Advocate Frederick Imasiku says the amended Constitution provides that a period of less than three years does not amount to a full term of office for a president of Zambia.

In his affidavit in response to the applicants seeking the determination of the tenure of office and eligibility of President Lungu to contest the 2021 elections, Mr Imasiku says during first segment as President, Mr Lungu only served for one year when the amended Constitution came into force.

He said during the second segment and under the amended Constitution, President Lungu served for six months from January 5, 2016 to August 11, 2016.

In this matter, the applicants are Christian Democratic Party leader Danny Pule, Zambia Republican Party’s Wright Musoma, New Congress Party’s Peter Chanda and Citizens Democratic Party president Robert Mwanza.

They are seeking the determination of the tenure of office and eligibility of President Lungu to stand as presidential candidate in the 2021 general elections pursuant to Article 106 subsections 1, 3 and 6 of the Constitution of Zambia (Amendment) 2 of 2016.

The petitioners want the Constitutional Court to declare that President Lungu is eligible to stand in 2021, that once elected it will be his second and final term of office.

They also want the court to declare that President Lungu’s first term of office began on September 13, 2016 when he was sworn in as President for a term of five years.

Meanwhile, lawyers representing the four opposition political party leaders have asked the court to throw out the submission by Heritage Party president Godfrey Miyanda that the matter be dismissed as it is an abuse of court processes.

They have argued that the submissions by Brigadier General Miyanda are based on misapprehension of the action of the petitioners.

The lawyers say Gen Miyanda’s preliminary issues and arguments lack merit and should be dismissed in their entirety.

“This interpretation is not sought in abstract or hypothetical terms but in relation to facts that have been deposed in their affidavit. Litigations such as this one are enjoined to define an interested party as liberally as possible, and the applicants on their behalf as well as their constituency are interested in the outcome of the matter,” they added.

The lawyers representing the applicants are from Messers Elis and Company, Messers Mvunga and Company, Messers Central Chambers and Messers D.H Kemp and Company.

Constitutional Court Judge Margaret Munalula has set today as date for determination of issues raised.

editor
editorhttp://www.lusakatimes.com

126 COMMENTS

  1. Useless, with all the stupidity going on in the country you want to talk about Lungu’s eligibility??

    • The law backs him too.

      He is illegible and it would be a traversty if anyone wanted him not to.

      He has done well and the law suggests he is eligible.

      Case closed.

      No vacancy at state house until 2026

      Thanks

      BB2014,2016

      1

    • The amended constitution suggests he is elligible.

      He merely finished the greatest president zambia has ever produced’ term.

      Lungu is serving his first term as we speak.

      Thanks

      Bb2014,2016

    • Are you guys telling me that its all about elections in Zambia? Cant this debate wait till the next 3 or 4 years? Very sad whats going on back there!!

    • Just bear in mind that EL has just started his term, the 2yrs he finished for Sata doesn’t count.
      EL beyond 2021 – viva Zambians!

    • Mr Intelligent
      This debate was started by the president less than 3 months after being sworn in in September 2016.A clear case of leadership failure,as it only serves to disrupt the nation’s attention from focusing on moving forward economically,socially etc just like most of the things our president comes up with.Even the arrest of HH is merely serving to remove the focus from more important things,as did the debate on ICC etc.All this shows that the man does not have a clear priority list.Anyway he said he had no vision and we should justaccpt our collective mkistake of voting for him.

    • @Mr Intelligent.
      You complain that it is all about politics, but how often have YOU commented on a non-political issue? When there is a good news item, there are just one or two comments. When it is politics, they are endless. Politics is news to Zambians just like poverty, disease and war in Africa is news to the BBC.

    • I have another wannabe using my name below.

      Ignore it

      I’m the seeker of truth not it.

      Thanks

      BB2014,2016

    • Obviously even newboms know that Lungu is eligible.

      The kids cannot even make this an issue of debate because they know it is an obvious matter.

      Even pretending that you don’t understand the constitution regarding this matter must be very difficult even to film-makers.

      The constitution says any one who has served two terms shall not be eligible to stand.

      It goes on to define a term as a period of five years,

      stating further that for one who serves part of that period shall be deemed to have serves a term if the period served is three years or more.

      So even a baby cannot be confused over that, as long as such a baby has known how to suck the mother’s milk.

    • He may be eligible but he is the wrong guy for the job! He was right when he said he has no vision for the country! He is still busking in the success of ba Sata! Shame!

    • USEFUL. OF COURSE HE SERVED LESS THAN THE NORMAL TERM SO HE DESERVES A MANDATE AGAIN, TO SERVE THE ZAMBIAN PEOPLE. THIS IS NOT ROCKET-SCIENCE. EVEN AN 1D10T WOULD KNOW THIS. ECL, HUKAWINA HAGAIN.

    • What about the 10m high Kenneth Kaunda statue? Is it part of the KK International Airport project?

    • Some Zambian Bloggers are so stupid.. What is it about us to think he is the only person to rule our country?? Lungu is not eligible. A term counts whether 1 day or 5 years. Lungu is out he should not stand in 2021. It’s actually a shame to see young Zambians on this Forum encouraging him to stand, for what?? Is he is only Zambian? Why can’t you also aspire to stand? Trying to confuse the law just to benefit him is a wrong approach. He has messed up, we have given him the 2 terms he wanted. Let’s not talk years but term which he has done 2.
      We have other people to try and change the country, moreover he is the most hopeless President Zambia ever had.

    • But we can’t just have a dictator and a drunk at state house then say there is no vacancy there. Dr. Kambwili (Honarary, Junior Cobra) has something to say at the PF convention. Zambia is a democracy. Someone cannot just get in on the democracy platform then suddenly close the door behind him and say I will be dictator over these docile Zambians. Someone is likely to rise up and say this is not right. This is not Animal farm is it?

    • There is a 10 year limit to the constitution. You cannot be president for more than 10 years. While the constitution might sound like it allows for a third term the reality is if you go for a term that will cause you to hold office for more than ten years, you will be in serious breach of the constitution to which you pledge allegiance and promise to uphold. The reason behind that clause was simply to limit the term to 10 years and no more.

    • @PRINCE your anger is misdirected. We all know Lungu is not the only Zambian so by that very fact other Zambians are not being barred from contesting and winning. Who says if Lungu stands he will win? So just aspire to stand and Lungu if he is not relevant will be History

  2. Ba kabwalala imwe. You are just twisting the law to suit yourselves. Time will come for you to be answerable. I can bet on this one

    • Banda lost an election.

      Lungu never has. Zambian want Lungu to continue. The majority that is.

      Thanks

      BB2014,2016

    • YES! WE THE MAJORITY WANT ECL TO STAND AGAIN SO THAT HE SERVES THE PEOPLE FULLY. IT IS NOT LIKE WE THE MAJORITY ARE JUST FAVOURING ECL, THOUGH WE THE MAJORITY LOVE HIM- LEGALLY, HE DESERVES ANOTHER MANDATE FROM THE PEACE-LOVING ZAMBIAN, PEOPLE.

    • In this light I am abandoning my PhD. Kambwili (Honarary PhD, ok he is Junior Cobra), Lusambo (Honarary, PhD-Matero University) and now Mushota (Internet PhD no actually phd).
      And about this Lungu guy, why are you trying so hard to keep him in State house? He is no even like a waw guy. He’s just a Chawama drunk. By the way does he not have any other place to go? Was he homeless before he came to State House? I can’t believe everyone seems to be fighting a dictator’s corner. He is not Emmanuel Macron is he?

  4. pliz stop abusing and misleading HE Edgar Lungu. Constitution or no constitution HE should not accept temptation of standing in 2021. Mandela was legible and much loved by people but he gave chance to others. We want Edgar Lungu to be the best president of this country.

    • Don’t know what you are smoking if you think Lungu is able to take the same moral position that Nelson Mandela took.

    • Another unintelligent comment. Mandela refused being ANC presidency not South African president.

      The fact that ANC has a majority following ofcourse meant the successor to Mandela was going to be the president in ANC.

      Why doesn’t HH give a chance within his party maybe they might have a chance at the helm.

      Thanks

      BB2014,2016

    • The constitution clearly says 2 terms, why does ECL want to break the constitution again and go for the third term

  5. Useful *****s being used to trigger Lungu’s bid for another term. You really think Lungu is a good president for him to warrant 13 years in power? Greedy little man using God to con the masses. Ati national day of prayers and conciliation when he does the exact opposite. Due to the docility of Zambians he is able to get away with stealing an election in broad day light.

    • Spot on…PF will now fast track this issue whilst the busy foools in the opposition are distracted and their lawyers are wondering how they will get paid.
      Lazy will do anything to cling on even if just sits in State House.

    • Argue against the ruling of the magistrate – is it because you cannot label him as “wako ni wako”?

  6. What this article is saying is that EL will rule Zambia for 12yrs, making him second longest serving president after KK, yet democratically.
    How does that make you feel?
    Advice to HH and his minions – EL leadership will outlive your bitterness and he has plenty of time to bring down all his opponents.
    However, being a sober and democratic person he is, he will just focus on development and unity for the nation.
    You got to like EL if you are genuinely a Zambian.

    • ECL is not a poor performer by any standards and anyone who thinks otherwise has a hidden agenda.

    • Oh please save us the boot licking. The man is vindictive, out of touch with the suffering of Zambians. Just look at his response on the electricity hike, yet he tricked Zambians before elections by reducing it. May God help you to open your eyes

    • Its amazing how all of you UPND were accusing EL of not having a vision not too long ago, now you are calling him dictator, intolerant and firm.
      Are you swallowing your own vomit?
      Thats why you are talking about him day in day out because he is a high performer.

    • Mumone this is the bait that the devil has put in front of Lungu.Go and ask Sata if he wanted to die after fighting for ten yrs in Oposition.The Bible says it is not for an earthly man to direct his foot.The same bible says do not put all your trust in a man who lives on bread for one he shall die.We can not tell who will be president in 2021.With my grey hair.It is possible that HH will rule for only one term in 2021 but another person un known that will come after HH will be the greatest leader that Zambia will ever see.HH is a path finder.For now God has chosen nothing will stop him.This my profess.

    • Matters of faith are very sensitive.
      You guys amended the constitution – what does it say? is 2 yrs equivalent to a term or not?
      The problem is all of you UPND are debating with sympathy for HH and not being objective.
      HH being in prison is part of Constitution requirement which you Zambians amended.
      If the devil’s name can be mentioned in all this then its on making HH stubborn and disobey the law.
      HH is path finder in his farms otherwise cattles would be lost.

    • @Munone! uli cikopo sana. You must be harvesting a lot from Lungu for you to say his (Lungu) feaces smell nice when the obvious is the case.

  7. PF thugs always want to manipulate the constitution;even if he was qualified we don’t need him; he is a violent dictator PF president.

    • @6, who said we dont need ECL? Wait and see. Pray that in the next 4 years another political party comes up that will be more popular than PF under ECL. HH and his UPND are already discounted.

  8. Yes RB is eligible to stand since he didnt complete his two year term something nervous failed to appreciate

    • Last time l checked, his first term (the one he inherited from sata) was before the current constitution which he signed in 2016. Hence his first term, 2015-2016 is a full term according to the old constitution.

    • Last time l checked, his first term (the one he inherited from sata) was before the current constitution which he signed in 2016. Hence his first term, 2015-2016 is a full term according to the old constitution.

  9. ECL WILL BE THE HOUSE HOLD NAMES THE WHOLEZAMBIA, HE WILL RULE ZAMBIA 12 YRS SECOND TO DICTATOR KAUNDA , THEN ECL BLOOD WILL NOT STOP THEIR 2026 THE FIRST FEMALE PRESIDENT FOR ZAMBIA TASILA LUNGU SHE WILL RULE FOR 10YRS MAKING IT 22 FOR THE LUNGUS

  10. In other words the khoi khoi looking illegal president and and his party haven’t stolen enough yet. They need more time to enrich themselves. Who even knows if lungu will survive this year because alilwala uyu

    • Yes they need more time, and we will vote for them. Hope that makes you happy. Just continue insulting them.

  11. he destroyed the economy & sold us to chinese, in his 1st year in office
    he destroyed the electoral system, constitution promoted cadre violence & tribalistic politics in his 2nd year
    he destroyed our democracy & brutalized opposition & sold us to IMF & world bank in the 3rd year

    i wonder what this loser has in store from 4th to 12th year in office or it’s gonna be wamu-yayaya as PF00ls wish.

    ps. that clause ONLY applies to veep who serves remainder of deceased president. Not a defense minister.

  12. Yes I agree President Lungu only completed Sata’s term which ran up to August 2016.That was not his term.Let’s wait for the Concourt to pass the ruling on his eligibility to stand in 2021.It must a very completed constitution that we enacted for ourselves due to the fact that we are failing to interpret it ourselves and instead run to the concourt for interpretation??Is this the way it will always be? What kind of English is written in the constitution that we fail to understand?

  14. Explains why these PF bigots rushed to pass a defective constitutional amendment. All for selfish ends

  15. Examine your faith. Would you support a Moslem or a Christian to rule us(Zambia)? Is your leader a Christian or a moslem? which church or masjid or mosque does he go to? He is truly as a Moslem or Christian?
    Be cautious, Zambia….. one leader is consulting witchdoctors(sangomas)….. More revelation to come….. ask Z… or Nd..b.

    • We want someone that is a Christian or supports Christianity. The truth is that we shall never support or put into presidential office a person that supports and/or is inclined to satanism.

  16. Its getting sickening to have 3/4 posts by Mushota. I like Lusaka Times because of some really intelligent contribution which are unfortunately diluted when you have the likes of Mushota

  17. This retard Mushota is employed full time to champion mediocrity on behalf of the PF, so it seems. She has no intellectual arguments. Please just ignore her.

  18. The moral decay of Kaizer zulu and Davis mwila politics were adults on police women in front of packed stadia and the public urging for thugs to steal council plots and take over public places will now be normal in Zambia.

    With the fraud convict lungu expect Zambia to be like congo in thuggery and corruption.

    • What is moral about not practicing internal democracy in a political party for over 10 years?

    • Kaizer zulus assault on the police woman that is not a criminal offence according to PF ??? ?

  20. According to BBC “Basuki Tjahaja Purnama, known as Ahok, was the first ethnic Chinese Christian to run Indonesia’s capital, and the case was seen as a test of the country’s religious tolerance.He was accused of insulting Islam by referring to a verse in the Koran during a campaign speech.Mr Purnama denied blasphemy and in court said he would mount an appeal.The sentence is harsher than most observers had expected – prosecutors had called for a suspended one-year sentence…”
    Be watchful. Moslems are for their faith only and not to support Christians….. be prayerful otherwise we shall have more unbiblical values than we anticipate….
    Ask yourselves , who the Islamic Council of Zambia is supporting and why?

    • Suzyo Zimba and the Islamic council support its own member Edgar Lungu. Never in the history of Zambia have I seen this organisation so voacal like they have been during ECL’S tenure

  21. @Erection Mushota, These matters of the constitution and eligibility to run are beyond you intellectual comprehension. It’s not just about having an erection here and there, it involves a lot more than what your diminutive and limited intellect can contend with. Besides, Lungu may not even live to run, only time will tell.

  22. Mushota was here championing UPND’s cause during the run up to elections and its barely 7 months she is running her mouth like a Vuvuzela for PF now.
    What has happened in the interim?
    Could she have been planted to give false hope?
    Is she a state operative using a pseudo name?
    Something is fishy here and the truth will come out eventually.

    • Thats bevause I dont support any Political party

      I am a seeker of JUSTICE and the whole truth

      Where justice and the whole truth is distorted, so do I arise honey

      Thanks

      BB2014,2016

  23. Obviously even newboms know that Lungu is eligible.

    The kids cannot even make this an issue of debate because they know it is an obvious matter.

    Even pretending that you don’t understand the constitution regarding this matter must be very difficult even to film-makers.

    The constitution says any one who has served two terms shall not be eligible to stand.

    It goes on to define a term as a period of five years,

    stating further that for one who serves part of that period shall be deemed to have serves a term if the period served is three years or more.

    So even a baby cannot be confused over that, as long as such a baby has known how to suck the mother’s milk.

    • There was no need to talk about babies and newborns

      However you make valid points, well done.

      Thanks

      BB2014,2016

    • @ 22.1 Mushota

      Who gave you the responsibility to determine what is needed and what is not.

      Your failure to see the need does not imply the lack of it.

      It only implies your lack of capacity to see the need.

  24. Elections, elections and eligibility. Why now? 2021-2017= 4yrs!!! You have four years to go before the next elections, F00ls!!

    • It called strategic planning.

      You don’t say “now that I am here, what do I do?”

      Then you end up choosing GBM in the night, in the last minute, a night before nominations. No plan, no strategic thinking at all.

  25. How many Mushotas are on this blog? Very confusing…ECL will rule this Country even after 2021. Only people with hidden agendas and hatred for him think he is not doing anything, especially the vanquished UPND supporters.
    When our beloved late president Sata was coming into power, he told every one that we shall have more money in our pockets by reducing taxes, what happened was the opposite. The taxes went up, even the retirees started paying tax. Its only now that they have removed it from retirees. So the tariffs that you guys are talking about are just normal.

  27. That’s Lungu for you first he gets rid of all threats except clever Kambwili then he goes for the opposition, this man is cunning. He takes us as fools and he has proved it like last year he stopped zesco from hiking tariffs because of elections and everyone applauded today he tells you there is no turning back at the same time people are giving submissions which will not be looked at ….the guy is a lier, he allowed ministers in office while cabinet was dissolved which is against the constitution which he is supposed to protect and you are there applauding him ….we are headed for doom

  28. Let God help us in this Land and help the President of the Land and his government to do his job well. He cant finish all the problems people are going through but at-least he can do his best. ” A leader cannot make everyone happy at all times” If it were so, then he would be an “ICE CREAM MAN” And where is the original FRENEMY of the people,Mushota.? I can’t help but miss you and dislike you at the same time. You have made quite a reputation for your self. Great minds are sometimes difficulty to relate too. But continue being you and lessen on being NASTY. Congratulations on your PhD.

  29. You have an ignorant dog holding such a sensitive position as Principal state advocate and you think the country is safe? If the law prescribed a minimum of 10 years for rape last year and this year you amend it to 20 years, are you going to adjust the sentences handed down to convicts last year for them to serve 20 years? And to some ignorants with bias and brain washed minds, please avoid vomiting anyhow on matters that are beyond your iota of understanding.

  31. He may wish to contest as many times as he wishes but his voodoo economics will not help us! We have many options apart from the current registered political parties! We need to think outside the current political box!

  32. Things are falling apart all over & all some goons like Pule can think of is giving such a failed enterprise another chance at ruining things. It’s disgusting how African politicians like to manipulate their constitutions so that they can be “wamuyaya” as though their recipe i.e. this oppression — the shackles, the poverty and indignity — are what the African people have chosen. No matter how hard Lungu tries to gerrymander the constitution to misinterprete term limits in order to illegally extend his rule, things will backfire right in his ugly poker face. We are seeing this change in tactic from what was once the military coup d’état to a different kind of attempt to stay in power, constitutional coup detats! Lungu must ask Miyanda about the consequences of coups, either militarily…

  33. NO THIRD TERM….. at LEAST in Zambia there shall be no third term. WAIT A MINUTE; is will he resign in the ten year. Or is intending to serve 13 years?????????

  35. Let him retire he has destroyed the Country. He doesn’t deserve to continue ama rubbish yekayeka. He has brought hunger, hatred, thuggery, lawlessness the list is endless.

  37. All well meaning Zambians who have managed to read our constitution know too well that ECL is eligible to stand in 2021 because in 2015 he never served for 3 years or more.
    But UPND cadres are just making noise because they know too well that in 2021 ECL will win once more as by then PF shall deliver a lot of developmental projects across Zambia,ECL is already well known by all Zambians,he will have a lot of funds to defend his seat,etc.so nobody can dream of defeating him,hence the noise on a straight forward issue from the opposition!!!

    BELIEVE YOU ME,GOD WILLING,ECL WILL RULE ZAMBIA UNTIL 2026!!!

    • Well spoken indeed! It is amazing to see how UPND are very willing to abrogate the constitution when it suits them – examples being wanting to hear the presidential election petition beyond 14 days and wanting the speaker to take over when the constitution clearly says that the President will handover power only if there is a dispute in the second round, wanting ECL to have HH released without due process and now they are denying ECL’s right to for another term in office despite the fact that the constitution clearly states that he can. I guess it should not be surprising given the fact that they have ignored their own constitution and have allowed HH to cling on to power for over ten years despite their own constitution requiring him to go for a cnovention.

  38. what are mambling about show us one person who has read the entire constitution, not even the justice minister or the president himself has done so. is it not your lawyer president who misled people that cabinet must remain working only for the courts to embarrass him and his clowns that they should pay back the monies paid to themselves for illegally staying in office without mandate. any sane person can decline to stand put in edgars situation concerning a garbage in garbage constitution written on a piece on toilet paper but no eddie cant its too much to expect of him.

    • He did not mislead but followed the constitution.

      You may wish to know that in passing judgement against the ministers the court made reference to the draft, which was against the procedure of court.

      You cannot refer to a draft constitution when passing judgement.

      This is why the ministers have contended, and asked for a revisit of the case.

      Those who read the judgement will tell you that there was that anomaly in the judgement.

      Draft can never be law, but what has been signed into law

  39. PF is in poor but always crying,whining ,moaning and pointing fingers at UPND. they dont realise their in power thats why there always using the police to settle their battles. spoilt party of the century. the only see things red or black either pf or upnd. mmmg bane olo nikulowelwa

  40. at the turn of events in the country even if ecl is marched with a frog, dog or a pig he would loose terrible. the problem is that no one is telling him the truth in pf/mmd. they are cheating him. why cant he learn from his honest friends like jacob zuma, ian kama namibian president just to mention a few . problem you only listern to peoplewho you drink with who cannot tell you something that will not please you. ask jesus what do peaple talk about me and you what do you say .

    • So why are you bothered if you think he can lose.

      Let him stand and lose. We call it democracy.

      After all if what you are saying is true then your candidate will have an advantage when Lungu stands.

      So I expect you to be celebrating instead if lamenting how Lungu would lose.

    • Lungu will not lose.

      I think losing is a privilege of Mr Kalusa.

      Kalusa has now acquired sufficient experience in losing.

      What is surprising is that despite losing six times Kalusa has failed to learn to accept.

      He has been perfecting his art of losing but lamentably failed to learn skills of accepting results.

  42. How we easily get diverted. They have got you all talking about the so-called third term instead of more pertinent pressing issues.

  43. In actual fact, this neither here nor there for UPNDonkeys and HH. He is in for a long spell in correction facility. Even if His Excellent pardoned him after serving one year, that service in correction disqualifies him. Wrong choices that intelligent men make to associate with crooks and donkeys: Mmembe, GBM etc etc..

  44. With all the goodwill from World Bank, IMF, donors etc and great plans, Zambia will be the place to be by 2021. His Excellent is assured a massive vote. I foresee Zambians in 2026 demanding a third term of 7 years specifically for ECL.

  45. Fvck Lungu and his visionless PF they have impoverished Zambia and indebted us to the western shark banks.See them lose next elections bigtime.

  47. Very clear and straight forward.

    By the way, lets not forget HH how is he doing in correction? We will see him in a blue correction van tomorrow? Please police lets clean the van tomorrow so that he may sit down properly.

  48. Even if is eligible he won’t make it in 2021 I’m not worried about that. is not the president is just Mr Lungu until the judgment about petition

  50. Mushota! a president who can be assessed as having had done well is hat one who grows the economy of his country. With all these hardships and high prices you say he has done well? How can somebody who does well head a sinking economy? Mushota, is this comedy or you mean business!

  51. UNDER WHICH CONSTITUTION DID HE SERVE HIS FIRST TERM? IF SOME ACTION BECOMES A CRIME AFTER A NEW LAW COMES INTO EFFECT DO YOU CONVICT ALL THOSE THAT COMMITTED THE ACTION BEFORE THE LAW CAME INTO EFFECT. THE DURATION OF WHAT CONSTITUTES A FULL TERM WERE ONLY DEFINED IN THE NEW CONSTITUTION. THE STATE MUST STOP WASTING OUR TIME. Lungu’s first term was served under our previous constitution.

  52. Article 106 of the amended constitution is very clear. It talks of holding office of president twice not the 3yrs nonsense pipo are talking about here.

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