9.5 C
Alba Iulia
Tuesday, July 7, 2020

LAZ issues a Statement on the Legality and Extent of the Declared Threatened State of Emergency

Headlines LAZ issues a Statement on the Legality and Extent of the...

LAZ President Linda Kasonde
LAZ President Linda Kasonde

Law Association of Zambia (LAZ) has issued a statement after noting the public sense of anxiety and uncertainty as to the legality and effect of the threatened state of emergency declared by President Lungu on the 5th of July .

Below is the full statement

[Read 174 times, 1 reads today]


    • Why declare a state of emergence when investigations aren’t over? We all know zambian markets aren’t fire safe. Someone speak up for rule of law.

    • The President of LAZ cannot spell QUORUM. ‘We are in maningi trouble,’ as the late Liwewe would say!

    • You’ve read what article 31 talks about in article and still fail to differentiate it from art30. Bukopo bwashani. Your bitterness is causing you to be more dull.

    • Linda and HH are enemies of Peace in Zambia.

      This was a lot of drivel and all meant to frustrate the great work president look is doing.

      I have a PhD



    • LAZ questions the approval of Article 31, National Assembly did not form a proper coram??? CHORAM what nonsense is this imwe fi LT?

    • Linda do you have kanswende or what. There is nothing like proper quorum for the National Assembly but the statutes defines when a quorum is met. We have very dull lawyers who interpret parliamentary rule in a misleading way

    • When I tell that the Evil Malawian Drunkard lungu is the DULLEST lawyer in the country, you refuse.

      He can’t even understand the constitution he swore in in front of thousands of PF00l cadres at heroes stadium.

      Without the 48 UPND MPs, you can’t form a Quorum (sp. not corum) to effect SOE.

      Lusaka Market fire was actually a PF SOE conspiracy timed to coincide With the suspension of the 48 UPND MPs.

    • The problem with Linda’s simplistic approach to such an important issues of national security is that her analysis purports that her and LAZ are equal to the task of running this country with the President. The folly of such analogies is that LAZ is not privy to the same daily intelligence briefing the President has.

      As such, they can’t pancake the entire episode with lais·sez-faire symbiotics of running a government. That kind of monolithic analysis would be detrimental to the well being of the smart people of the Zambian Enterprise.

      To think that the physics of invoking Article 31 are palatable to the civics at laws and/or governing a complex enterprise with 14 million people is not only shallow at best, but risky at worst to the running of a peaceful nation.

    • Ba Linda where were you when zesco pylons and poles were being cut or burnt down. Courts have been burnt. Offices were burnt with petrol in Kafue. Your bias makes you fail you see and hear what is happening and being said. The invocation was after a number of arson cases, not justy City Market.

    • I am not a legal person but clearly here LAZ is in a battle with Lungu to show him how flawed he is legally compared to the LAZ team. I.e. a battle of legal egos at play. LAZ team have done their homework and are pricking holes in Edgar’s constitution and how he’s applying it. Edgar is playing the presidential card with his legal hat off. LAZ also see Lungu as an inept lawyer. This battle will continue with Edgar wishing to dissolve LAZ who once struck him off.

  1. Why is it that blacks find obeying laws and regulations so difficult? Any sociologist who can explain this?

  2. It this kind of unreasonableness not befitting the LAZ of yester years that is making people like me question the relevance of this once respected association to our dispensation. Surely LAZ must be among the leading entities to explain to unsettled sections of our society that the President’s declaration of A.31 was not in any way a conclusive characterization of the particular Market fire as arson. The President was responsibly acting to put under a control a clearly unfolding pattern of sabotage against the nation. So LAZ expected the President to wait until investigations were over, even if they took 1 year? STRANGE THINKING INDEED! We definitely need the LAZ we’ve known in Zambia back!

    • I am surprised that LAZ is suggesting the President should have waited for investigations to be completed when public property was going up in flames. What if we had an other huge fire? I hate to say this but i sincerely believe the thought process from LAZ is flawed ….it lacks common sense…

    • Who have arrested? You are simply harassing opponents…you want LAZ to comment on a matter that is before the courts?

    • Instead of going on in a vacuum please can you provide a legal argument to counter what LAZ has said citing laws from the constitution .If you can do that please stop embarrassing yourself and just sit down.Laz has put their statement clear for all to see and a wise person uses information to fight these things not ukusabaila fye .

    • Kabanshi – What legal argument are you looking for? We have a problem with LAZ when, though the understand the rationale and powers used by the President for the invocation of Article 31, they confuse readers by talking about “corum” and “investigations”, but do not guide the readers as to whether Article 31 states that such invocation should be preceded by investigations.

    • Does Linda Kaswende have syphilis of the brain?
      One really has to wonder how much these cheap UPND cadres owe their financiers from South Africa. It is a shame to see a trained lawyer like Linda being used by (HH) and the UPND group.
      Since Linda Kaswnede and the UPND herd believe their Kaponya ‘god’ (HH) won the elections, they should ask him to reverse the TSOE decision made by our humble Lungu.

    • How much has the self proclaimed richest businessman (HH) pledged towards the City market he torched?

    • Linda Kasonde is just a spokesperson for the underlisted, how many of them hail from your alleged UPND stronghold?Linda is just airing what the following have agreed: Eddie Mwila, Andrew Musukwa, Bashi Kateka, Chanza Sikazwe, Chishimba Kaela, Friday Besa, Gilbert Chama, James Mataliro, Kasumpa Mwansa, Lindilani Banda, Munakopa Sikaulu, Ngosa Simachela, Mando Mwitumwa, Priscilla Bwembya and Getrude Musiyani.
      Your partisanship has led to your unreasonability. I am neither PF nor UPND nor Northerner, nor Southerner, nor Easterner. But when a lawyer or any other person, irrespective of their origin, speak sense, I thank God for the wisdom he bestowed in such a person. Let not your hatred for others drive you into hell. You mouth or fingers on the key board speak volumes of what is in your…

    • Hate Linda or love her, simply put Linda does not live in the world of Kaponyas. Linda does not to kiss any ass like yourself for her to have a meal, Linda does not need to be a party cadre for her to have a meal. the sooner you get that in your rotten skull the better.

  3. ”Coram” instead of quorum.Written communication difficult to comprehend.Some of these mistakes need editing before being thrown to the public for consumption.

  4. Oh now council members must be declared to hide under the veil of collective responsibility! Nice try at running away from presidential responsibility!!

    • Council members where and have always been there .You lot were just to blind to see that .Such bodies do not issue statements on their own they sit and come up with a comprehensive statement .Bwana please check your facts …

    • Council members should have also signed against their names. Simply declaring their names is not enough….soon we shall hear them denying that they were part of the press lease or consulted

  5. Mr Kudos refer to this scriptures _ “When I was a child, I used to speak like a child, think like a child, reason like a child; when I became a man, I did away with childish things.12For now we see in a mirror dimly, but then face to face; now I know in part, but then I will know fully just as I also have been fully known. 13But now faith, hope, love, abide these three; but the greatest of these is love”

    • Preach to your small ‘god’ Kaponya (HH) so that he can learn to humble himself and respect Authority.

      Preach to your small Kaponya ‘god’ so that he prays for forgiveness for the money he stole from miners during privatization.

      Preach to your Kaponya ‘god’ of UPND so that he stops mastarbating in Mukobeko.

      Preach to your Kaponya (HH) monkey so that he can get a clean cut at Male Circumicision centre.

    • @Kudos has completely lost it, He used to be a little sensible a while ago. I would like to believe he knows the PF days are numbered.

  6. Are you defending something thats killing you? Do you Speak, understand and think? The counselor only help you understand who you are. Get one to help you understand who you’re.

  7. Ba editor CORAM sure!!!!!! I know English is not our mother tongue but as journalists writing in the English language you can surely do better. If you are not sure just ask.

    • That is how it is written in the LAZ statement you moron. LT was just reporting as it was given. Try to read next time.

    • @11
      People like you try to throw a few punches on this site and end up embarrassing yourselves and disappearing into oblivion.
      Ask one Canadian couch potato critic called Dull Commentator, he gave up when I showed him that Common Sense though not common is free.
      So Mr BigPicture focus on telling your Kaponya (HH) that 2016 is long gone. And 2021 will be tougher for your UPND since the only memories we have of them are violence and arson.

  8. @Umwina Nkana – are you sure investigations are still on? I heard the other day from the IG that electrical fault was not the cause and some people were arrested. Doesn’t that mean investigations are over? Linda and the team are just helping some of us like me to understand Article 31. If you know what that article means don’t discard those that use their legal obligations like LAZ to educate the public.In all respect Linda doesn’t act for herself. The constitution obligates her and team to be proactive on matters such Linda el al have addressed

    • Mr Brown Envelope: LAZ’s flawed thinking is implying that A.31 was activated as a result of a single event when there was a clear pattern of sabotage going which needed to be stopped urgently before more property and even life were lost. In my view even a curfew would have been OK to allow the state more space to carry out investigations. So it is highly hypocritical for LAZ to argue that Government should have just sat until after investigations!

  9. Laz was a creation of govt and should be seen to be operating as such. Why not take this opportunity to explaining in detail to these dull cretins upnd that article 31 is not article 30 and that it doesn’t talk about SOE. Them are just waiting to attach the govt which founded them. This Laz of Linda is a disgrace indeed. Laz is different from oasis forum. It’s not an ngo but board of professionals just like EiZ.


  11. Did God order yourstep? From my understanding the steps of a [good and righteous] man are directed and established by the Lord, and He delights in his way [and blesses his path]. I am not judging you but trying to help you understand because your comment is should from a mature person.

  12. You can’t declare a state of emergency after investigations. It’s the other way round. @1.1 Dr.

  13. dearest Linda thank you for this could you also guide the nation if there is an offence on not yielding to the presidential motorcade or indeed the sweeper car? The same energy you use in attacking the state is the same you should apply when guiding us as a nation and why have you signed off your press release citing all those names as in your council in the past for and behalf meant just that what has happened\?

  14. Simply look at those posting without reading the article…they are no different to those chibuku charged kaponyas who were ignorantly protesting outside LAZ.

    • Chibuku charged kaponyas are the Zambian voters who give legitimacy to parliament; the parliament who give legitimacy to LAZ. Right now Zambian people gave PF 82 seats + 12 independents (who are PF members!!) to represent them; A 60% majority, if you must know!! THEY HAVE EVERY RIGHT UNDER ANY LAW IN ZAMBIA TO RAISE THEIR CONCERNS PEACEFULLY, WHICH THEY DID. THEY HAVE NO REASON TO FEAR LAZ AS IT WAS CREATED BY THEM THROUGH THEIR CONSTITUTIONALLY ELECTED PARLIAMENT!!!!!!!!!!!!!!

  15. The last two elections between ECL and HH have been too close to call. Whereas noone can ignore the public verdict on the ballot, things could not have ended in such dissaray. Either of the two could have recognized the other one’s worth instead of arrogantly exposing the other side of Zambia to the international community. World news report that Zambia has slowly slid to tyranny which I strongly denounce. Understanding his serial electoral losses, HH should better convincingly accept that he lost again and there can never be power counterbalance unless from a rebel whereas Lungu should relook at his (HH) incarceration and soften his stand to tame the current political temperatures. After all, Zambia is bigger than your conflicting personal interests. Pathetic!

    • MAN KENYA – Good comments — unfortunately HH has his friend in an awkward situation, the President does not want to be seen to be interfering in the Judicial process. HH could have helped by avoiding the current situation.

  16. This group at LAZ must be the worst the country has ever had. This gives the ruling party more reason to rearrange them. Mr. Sampa, you may kick start the process, honorable sir!!! LAZ as an act of parliament, as a creation of the body that is the real representative of the Zambian people, should always hold the people’s interests first. Zambian people are threatened with sabotage (courts are burnt, DEBS burnt, ZESCO pylons brought down, now three markets burnt) and LAZ is saying the reason for Article 31 is not justified?? THIS LAZ IS NOT FOR THE ZAMBIAN PEOPLE, WE DEMAND A NEUTRAL LAZ THAT WILL PUT THE ZAMBIAN PEOPLE FIRST!!!

    • i can tell you know very little about the law you seek to speak for .Ikalenifye tata mwalaisebanya..

    • @Kabanshi you can’t say that the other person doesn’t the law when you don’t even the them let alone their qualifications? Please respect other people’s opinions instead of insulting their status.

    • @ Zambian Citizen, you really are talking rubbish!

      “I don’t need to study law to know my rights.”

      Rights ARE laws. You have contradicted YOURSELF in the ONE SENTENCE!!!

      Truly, you must be mentally challenged.

  17. The term coram is used in phrases that refer to the appearance of a person before another individual or a group. Coram non judice, “in the presence of a person not a judge,” is a phrase that describes a proceeding brought before a court that lacks the jurisdiction to hear such a matter. Any judgment rendered by the court in such a case is void.

    • Yes, we also googled, but that is out of context. Linda, and all those council members now being ‘unveiled’ to the public meant QUORUM but misspelt it. Simples!!!

  18. Sometimes its better to keep quiet on certain matters ba Linda Kasonde than subjecting LAZ and yourself to insults!!
    Yes,many Zambians know that the current LAZ leadership is pro HH’s upnd,but dont sink this low.Linda Kasonde,you know too well that PF has a higher number of MPs in parliament such that any motion initiated by PF would go through.so with those 47 upnd mps or without in parliament,article 31 could have gone through!!the situation will remain like this until 2021,so bo Kasonde,stop chasing the wind!!

  19. I expected Linda to give us the number of MP’s to make a quorum compared to those who attended parliament sitting. Surely LAZ is a shame. How do we believe you without any statistics? Lawyers in Zambia are dull to allow such mediocre to lead them.

  20. This Kasonde woman has vested interests, clearly. Yours is to guide on matters of the law, and not furnish us with your judgement about governments actions. LAZ is over stepping their mandate, and its all happening under this woman’s watch. One can’t help but be chauvinistic.

  21. CORAM: The term coram is used in phrases that refer to the appearance of a person before another individual or a group. Coram non judice, “in the presence of a person not a judge,” is a phrase that describes a proceeding brought before a court that lacks the jurisdiction to hear such a matter. Any judgment rendered by the court in such a case is void.


    • It is a simple mistake it should have read quorum, but the gist of the matter remains…..However, in short the POLICE are incompetent to the level where the Executive is saving their jobs have to invoke such things over people for no proper reason and of course it is only for the Executive to come up with something that will give them extra power over the people they want to bully….. So to the Executive just work….. alas its C.N.P Chimbwi No Plan..at least you can try Copy N Paste maybe half of it would work…

    • You blame Linda for signing a communication brought on her table for endorsement of collective responsibility, yet you can’t even spell her name, you say Lind instead of Linda. Who is better?
      The other Dombwa at July 17, 2017 at 4:09 pm says:
      LAZ questions the approval of Article 31, National Assembly did not form a proper coram??? CHORAM what nonsense is this imwe fi LT?
      Who told you IMWE FI LT is English? Bemba has infiltrated some small tribes who feel inferior to speak their own even in their own territory, you think infiltrating English with Bemba will succeed? “Imwe fi LT” is not English. Leave Linda alone. If you want come in the open we take you to ZAMSPELIT competition sponsored by Zamtel and see how you will flop-flip within round1.

    • Concerned Citizen – It is not a simple mistake — it shows the absence of seriousness by the legal guide.

  22. This Kasonde woman is a lost child. Why is she citing only one fire? What about destruction to power pylons and many other infernos across the country? And does the constitution say you have to complete investigations before invoking article 31? It is the preserve of the president. Whether his assessment is right or wrong in your eyes, it doesn’t matter. It is up to him to invoke and parliament to ratify. Why do we like to complicate even straight forward things? Last time, you deliberately misinterpreted the 14 days. Dull lawyers.


  24. How is the gov’t doing with a new Legal Body that can work with it unlike this discredited LAZ? Ears are blocked against these trouble makers. This statement us just stirring it up for gullible Zambians.

  25. Every time I see her or read what she says, I get nausea. Every UPND supporter and leaders are delusional and lies is their language!

  26. Why is that the leaders of LAZ of late have been cub lawyers or fresh lawyers? Lawyers that are straight from University. Why is this august body being left to juveniles. Surely how many times has Linda seen inside of a High Court let alone a magistrates court? Can Linda even right a case? Gone are the days of bene George Kunda, Sakwiba Sikota, Mundia etc. The body went to the dogs when we started having bene Chisanga as LAZ presidents. Something seriously wrong started happening to the body.

  27. Linda is a woman. Eve was a woman. Most dangerous Lion is female. Most dangerous dog is a female. Most dagerious mosquito is female. Therefore most dangerous lawyer Linda Kasonde a woman. Eve wanted to be like God. Linda wants to challenge men that I’m a think tank. Uko iyamwanakashi

  28. Linda Kasonde is Hot and very smart folks, she is hot, I just could not resist. She is what Zambia needs not all you ba John isa ulyebwali masquerading as intelligent people here.

  29. Before I comment let me invite Linda Kasonde to read this. I am not a lawyer but I can teach Kasonde not some law but some English, which seems to be the problem that Kasonde and her council are facing in the reading of the Constitution rather than issues of law. Now that you are listening Linda Kasonde, I want to believe that you signed for all those listed lawyers. Of course you did, so before I go to the main issues let me tell you that all those must be donkeys to fail to understand simple English. Now to the points:

  30. …..As if I knew what LAZ would regurgitate I did some research last week on quorum required for that sitting of parliament last week. I could not find any.
    1. For the resolution of Article 31 to pass the Constitution requires that a MAJORITY of ALL members approve it. This is stated in simple plain English with no ambiguity at all. Parliament has 166 members including nominated and the Vice President. Half of that is 166÷2 =83. The resolution required is ONLY 84 but it passed by 85 votes.
    Unless you are donjeys, I do not have to say anything further on this one. Next the declaration….

  31. Well said Mr Terrible. Linda looks to be an urgent of the devil with intention to put this country on fire. Those of you supporting the rantings of this woman, icikesa cikeshila bonse. Ba Linda spend time with your husband otherwise you are an embarrassment to the law profession.

  32. ….next “…a declaration…”. I hooe Linda is waiting for this one. As I am not a lawyer I am worried that there are many “declarations” in the Constitution. Then right in the next few sentences she states that she is referring to two, 1. Declaration of Emergency, and 2. Declaration of Threwhen she questions tge woShe starts off As I explain this

  33. Comment:
    That’s Kasonde’s hocus-pocus contribution to the development of Zambia as a peaceful country!

  34. Oohps sorry, ….next “…a declaration…”. I hope Linda is waiting for this one. As I am not a lawyer I was worried that there are many “declarations” in the Constitution. Then right in the next few sentences she states that she is referring to two, 1. Declaration of Emergency, and 2. Declaration of Threatened Emergency. Now surely Linda this is simple basic unambiguous English language. In English such a reference to “a declaration” means and ONLY means ANY of the TWO declarations. If there was only one declaration like the article you say was the only one in the past it would have read “THE declaration” (emphasis mine). The moment they were split into two declarations, it changes from “the” to “a” declaration. Come on Linda, this is appalling! Didnt you say that you went…

  35. ….Come on Linda, this is appalling! Didnt you say that you went to good nurseries and schools before you went to Harvard? Anyway they dont teach English at Harvard so dont bring it into this discussion. And to think that the so called “LAZ Council” look up to Linda for English guidance my God!!
    This can only mean that the rest of Linda’s statement is faulty at English interpretation.

    Now I hope Linda and the “council” have learnt some useful English. That is why they did not go to Court. They knew that an accomplished lawyer of the vintage of Prof Mvunga or Eric Sikwamba would tear them to shreds. Werent the LAZ thoroughly embarrased by the loss of that joinder to court case a few weeks ago! English again.

    Forgive me then when I now conclude that you LAZ are Donkeys too,…

  36. @36.1 Lipkwa, naimwe ba boss that is called figurative speech. Apart from UPNDonkeys, how many of you need English lessons kanshi? Come to Nchanga nursery school, I will be conducting night classes from there. Enrolment is open from today, boarding facilities are available.

  37. Linda is smart, there’s a reason why she’s only made reference to one fire.

    Great minds discuss issues not people. Zesco pylons could have been acts of theft or vandalism to sell scrap metal to Scrap metal dealers dotted around the country. In similar lines with the Jerabos on the Copperbelt stealing copper with impunity and selling it to God knows where.

    Would such acts of vandalism or theft call for the invocation of SOE?


  38. Ba LT you are supposed to summarize what LAZ has said and put it concisely in your headline. Interpretating what a source says is part of journalism. However you seem not to know what LAZ said so you just print their statement and pass it on to us. That is called clerical journalism a despised form of journalism done by lazy untrained couldn’t care less reporters.

  39. Mmmmmmmmmmmmm pipo are dull…. the word CORAM was correctly used. It is a legal term. Shame that people would actually show the ignorance out in the public

  40. In a society that has an impotent civil society, one-man Parties and cadre mentality that cannot be schooled properly, you should appreciate that you have LAZ and the UPND (whether you like it or not) who can defend human rights and provide checks and balances. An Emergency, whether a threatened or real one, entails the use of powers against individuals in a manner that is not ordinarily acceptable. These are not to be invoked or declared willy-nilly. Liberty is always at stake and more police brutality lingering. Dictators, especially, like such powers. LAZ is merely saying, if you are going to assume extra powers, justify them. There must be more concerted acts that threaten security for such laws to be applied.

  41. Linda is a let down. How much is she paid to write useless articles like this one. Ecl is absolutely right to say she shud form a political party or let her inform the nation she is upnd.

    I hate this bitch with a passion.

  42. The Law Association of Zambia is a disgrace to the entire African Continent and it must be disbanded. The Association has watched on its lawyers committing heinous crimes in abuse of the Legal profession, court process and state machinery; and failed to take action. As their victim, I did not go to the United Nations to benefit locals who stole barbarically as if they are not lawyers. The implicated lawyers activities are a detriment, retrogressive and a danger to the development, security and safety not this country. Instead of politicking. I challenged the LAZ to account for what It’s lawyers stole in abuse of their professions. And I am also demanding that both LAZ and the Zambia Police Service Command be arrested,Mwithaan the three months threatened period, for allegedly,…

    • Compounding felonies by LAZ ought not to be mitigated by them bring against the Threatened Emergency Period ; but they must be arrested and disbanded immediately.

Comments are closed.

- Advertisement -

Latest News

The Agriculture Sector Needs to be Revolutionalised-Margaret Mwanakatwe

Lusaka Central Member of Parliament Margaret Mwanakatwe says the agriculture sector needs to be revolutionalised in a bid to...

Youths conducting illegal Mining in Luanshya demand to be addressed by their MP

Roan Member of parliament Honourable Joseph Chishala yesterday afternoon was ambushed by Youths in his constituency doing some illegal mining at CNMC Luanshya Copper...

Monze Engineered UPND Anarchy Calculated to Incite Ethnic Chaos by Provoking Presidential Convoy

By Bizwell Mutale The reckless talk and provocative behaviour by Hon Jack Mwiimbu resulting in UPND cadres attempting to stone and embarrass the Head of...

Garry Nkombo warns Foreign Affairs Minister and Lusaka Province Minister, Stop destabilizing UPND

United Party for National Development (UPND) Elections Chairperson, Garry Nkombo, has warned Foreign Affairs Minister, Joseph Malanji and Lusaka Province Minister, Bowman Lusambo to...

Leadership cults in Africa and Zambia in particular

Former Zairean President Marshal Mobutu Sese Seko Kuku Ngbendu Wa Za Banga once told a Western journalist that they should never expect their kind...

More Articles In This Category

- Advertisement -
[Read 25 times, 1 reads today]