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Alba Iulia
Wednesday, August 12, 2020

Green Party to drag the Government to the Constitutional Court over Marijuana Licensing

Economy Green Party to drag the Government to the Constitutional Court...

Green Party members displays their campaign messages
Green Party members displays their campaign messages


The Green Party is extremely shocked with the Minister of Health Honorable Chitalu Chilufya’s Ministerial Statement on medical cannabis in Parliament yesterday. It is our considered view that Hon Chitalu’s attitude towards medical cannabis laws, on the floor of the House, contravened Article 5(1) of the Constitution of Zambia, and was therefore unconstitutional and illegal.

Article 5(1) clearly stipulates that the Sovereign authority vests in the people of Zambia. This authority may be exercised directly or through elected or appointed representatives or institutions. Therefore, when the people of Zambia, through their representatives in parliament pass a law, no minister must have the audacity to impugn the will of the people. No minister should cherry-pick that which the people of Zambia decided through their representative in parliament. Any such impunity is therefore unconstitutional and illegal.


It is our considered view that Hon Chitalu’s attitude towards medical cannabis laws, on the floor of the House, contravened Article 5(1) of the Constitution of Zambia, and was therefore unconstitutional and illegal.

It is shocking that Hon Chilufya decided to contradict what the Minister of Home Affairs Hon. Steven Kampyongo informed the House in a Ministerial Statement on the debate surrounding the legalization of medicinal cannabis in February this year. The Hon Kampyongo stated that there are two laws passed by parliament that provide for use of cannabis for medicinal purposes.

Hon Kampyongo cited Section 9 of the Narcotic Drugs and Psychotropic Substances Act Cap 96 of the Laws of Zambia as one of the laws which provide for cultivation of cannabis for medicinal purposes. He further stated that in order for one to do so, it was imperative that they obtain lawful authority, failure to which, one commits an offence.

Furthermore, Hon Kampyongo provided guidance on where to obtain the lawful authority. He guided that in terms of Section 6 of the Dangerous Drugs Act, Cap 95 of the Laws of Zambia, it was the Minister of Health authorized to issue licence for cultivation and use of cannabis for medicinal purposes. He clarified that the mandate of the Drug Enforcement Commission was to enforce the laws and not to issue licenses for persons intending to cultivate cannabis for medicinal purposes.

Disappointingly, the Minister of Health Hon Chitalu Chilufya issued an impunity Statement in Parliament yesterday stating his ministry will not issue any licenses for cultivation of cannabis for medicinal or any other purposes.

As the Green Party, we are extremely disappointed that a minister can have the audacity to cherry-pick which laws to enforce and which laws to illogically ignore, even when duly advised by a fellow Cabinet Minister on the floor of the House through a Ministerial Statement.

In this regard, as the Green Party, we now have no option but to seek legal redress in the Constitutional Court. First, we will petition the Court seek to establish the constitutionality of Hon Chitalu’s behaviour to cherry-pick which laws to abide by and which laws to impugn. Secondly, we will seek to establish whether it is constitutional for the Minister to willfully deny the people of Zambia a choice of medicines which are lawfully legislated. Thirdly, we will seek to establish whether it is constitutional for the Minister to aggravate the suffering of people of Zambia by denying them an opportunity to access and use cheap alternative medicines.

Finally, we will seek to establish whether it is constitutional for the Minister to unreasonably deny the Green Party a business opportunity, when pursuant to Article 10 of the Constitution of Zambia, Government is obligated to create an economic environment which encourages individual initiative and self-reliance among the people, so as to promote investment, employment and wealth. Furthermore, Article 10 obligates Government to promote the economic empowerment of citizens so that they contribute to sustainable economic growth and social development. Green Party members have been willfully denied by the Minister of Health of a lucrative economic empowerment opportunity running in billions of dollars, contrary to the constitution.

We will therefore be filing a multi-billion dollar suit against Government in the Constitutional Court next week.


    • Kekekeke drag which government to ConCourt? Have they employed better judges?
      It would be best to sue Chilufya in his personal capacity, and use Kapyongo as key witness.

    • Ati multi billion dollar suit fimo kuti waseka mwe!
      These are effects of smoking ganja you start seeing things in billions heh! Chineke!

  1. Dr. Chitalu Chilufya is an educated man and he knows the unlimited benefits of medical marijuana. His statement is suspicious. He must be on a payroll for big pharmaceutical companies.


    • …..GOD GIVEN HOLY WEED….God created weed to be smoked by good man…..no one can die from smoking. Go ask Mpezeni..

    • un educated people like you shouldn’t be able to comment on these sites, Alcohol kills 30000 people every year smoking 60000 and you don’t want to green light a “Drug” which has no recorded deaths. If medical marijuana is green lit and regulated it could bring in a possible 30 billion kwacha in revenue. medicinal marijuana is also able to cure or treat 230 different diseases and is without a doubt the most useful plant on the planet so next time you decided to open your mouth do some research first.

  3. Drug addled insanity. Is this for their personal interests obviously, because there was no national mandate given to this party to push for nut job requests when half the citizenry can’t even afford food on the table. Now they should be in hock to the local drug dealers and their barons? Really what type of mediocrity in Politics do Zambians have to suffer. It’s a wonder some of these people masquerading as politicians can put their shoes on the right foot. Never mind taxing them with the difficult task of tying their shoelaces correctly. Please change the constitution to root out these fake Political Partys.

  4. This man is really mad. Just how does he manage to think the way he does. Its really amazing how mad some people can be. This chamba is really taking a good toll on him.
    IG this is your food and time to shine by arresting this man for chamba smoking.

  5. I wonder the state of mind of someone who leads this party! And its followers! the state of the opposition parties in Zambia is a joke! Someone wants money to flow into his pocket from sympathizers – you know who! The other “confusion bringer” is in the right place! I think this guy must be there too! The Drug Enforcement Commission must vest this guy! He may be at something! He must be made to become a neighbour to another agitator, somewhere – you know where. They all think alike! Under Fives!

  6. Some of these Political Leaders MUST surely be examined by Psychiatrists. Is this the democracy we wanted?

  7. It is wishful thinking that opening up for people to cultivate and smoke cannabis will hill our land instead the opposite is true. If you let everyone smoke this “thing” all we are going to have is chaos very few people smoke this cannabis or “Chamba”end up being normal. Everyone knows in our society that smoking brings in an abnormality in human beings. I personally have 4 of my relatives who were left completely as ‘Vegetables”after a long spell of smoking this thing. Everyone refers to a person behaving abnormally as having smoked Dagga it is common knowledge. It is true that there is an AI (active ingredient) that works in the nerve system but this must be prescribed by a medical practitioner under very special circumstances. Otherwise we will wake up the whole country is…

  8. .. is laughing at itself. Mr Sinkamba if smoking this Cannabis has spared you, don’t think that everyone would be spared. A lot of Zambians have died, killed and others are outright misfits in the society because of smoking Cannabis. If your political career can only survive on cannabis then it explains the kind of votes you have been getting during election times.

  9. Am HIV positive and lost appetite but after smoking weed eish it was like doctors from uth wanted me dead .Am now back and look a lot healthier . Weed is Ok . In south Africa you can smoke weed inside some bars but if you take it outside its a crime . Why not legalise it? It’s so good and I also gave some to my girlfriend who was on death bed she improved . Let’s save lives bane

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