Government has said that it is disappointed and shocked that an organisation like Law Association of Zambia (LAZ) can question the circumstances leading to the invocation of Article 31 yet the reasons were given by the President in his address to the nation.
In a statement released to the media by the Minister of Information and Broadcasting services Ms Kampamba Mulenga, who is also the Government Chief Spokesperson, Government said that If LAZ doubted the reasons advanced by the Republican President, they should have taken the matter to court as opposed to bringing doubts in the minds of many innocent Zambians by saying the reasons would be known when the matter goes to court.
Ms Kampamba further said that Government was saddened that LAZ had proceeded to sow seeds of discontent and doubts in the minds of Zambians by making feeble statements on the question of the quorum that approved the action in the Parliament on the pretext that this would be subjudice.
Below is the full Government statement
STATEMENT BY HON. KAMPAMBA MULENGA, MP, MINISTER OF INFORMATION AND BROADCASTING SERVICES AND CHIEF GOVERNMENT SPOKESPERSON ON A STATEMENT BY LAZ REGARDING THE INVOCATION OF ARTICLE 31 BY HIS EXCELLENCY PRESIDENT EDGAR CHAGWA LUNGU
Government welcomes the support by the Law Association of Zambia (LAZ) who has stated that His Excellency the President Mr. Edgar Chagwa Lungu was within his constitutional powers to invoke Article 31 of the constitution of the Republic of Zambia.
The association, through its president Ms. Linda Kasonde, has also further explained that the procedure of issuing the proclamation in the Gazette was done in accordance with the law.
We, however, note with regret that the statement went further to doubt the circumstances under which Article 31 was invoked.
As Government we are aware that LAZ’s mandate essentially deals with interpretation of the law and as such one would have expected that the statement would have ended at enlightening the public on the meaning of such an undertaking by Government.
It is disappointing and shocking that an organisation like LAZ can question the circumstances leading to the invocation of Article 31 yet the reasons were given by the President in his address to the nation.
If LAZ doubts the reasons advanced by the Republican President, they should have taken the matter to court as opposed to bringing doubts in the minds of many innocent Zambians by saying the reasons would be known when the matter goes to court. Who will go to court?
Further, it is disheartening that LAZ has also gone ahead to question the application of Preservation of Public Security Act (PPA) to the current situation of a Threatened State of Emergency.
If indeed LAZ does not believe that the PPA applies to Article 31, they should have challenged the matter in court.
Again, this, they have neglected to do and have opted to cause doubts in the minds of Zambians.
As Government, we are saddened that LAZ has proceeded to sow seeds of discontent and doubts in the minds of Zambians by making feeble statements on the question of the quorum that approved the action in the Parliament on the pretext that this would be subjudice.
As an association of lawyers, LAZ would have conducted a search to establish whether indeed there is a matter before any court to determine whether a quorum was formed or not as opposed to relying on social media.
It is clear that this statement was not made in good faith and is merely calculated to cause doubts in the minds of the people.
It is important for LAZ to realize that this matter is important and needs to be approached with the seriousness it deserves.
We challenge LAZ to be sincere and professional as opposed to peddling narrow pedestrian views on important national issues such as this one.
Such an approach leaves much to be desired and may act as confirmation that the LAZ does not mean well.
It is important that institutions such as LAZ stick to their mandates and no involve themselves in issues they may not have the necessary competences such as security.
If the circumstances leading to the invocation of the said article do not warrant the action taken as suggested by LAZ, Government has cause to worry.
Government has a responsibility to safeguard the country’s peace and security and we are convinced that the measures we have taken are appropriate and in the interest of every Zambian.
Hon. Kampamba Mulenga, MP
MINISTER OF INFORMATION AND BROADCASTING SERVICES AND CHIEF GOVERNMENT SPOKESPERSON
17th July, 2017
Poor journalism and poor choice of words: words like “lashes” out or in terms of courts “throws” out are not supposed to be used by journalists who are supposed to be independed and objective. These words are subjective and prologative to cadres. The government cannot lash against itself because LAZ is part of government.
That LAZ president again is my fit for purpose.
She panicked and quickly starts typing poems.
It is a ridiculous was of presiding as a president.
She has failed. She barks and barks and is a theoretical leader bent on issuing irrelevant statements.
This is a pillow fight and Mulenga is winning comfortably as it stands.
I hold a PhD.
Thanks
BB2014,2016
Zambian reporting is really going down the drain. In legal terms no judge can throw out a case. The government cannot lash any institution. This type of journalism incites anger and promotes hate. The government has responded. And as a journalist it is important to seek views from other sources. What does the civil society or the labour movement think about LAZ’s caution and point of view. We already know the gov’t position, now we need other views. Now we know LAZ’s position.
Arson and vandalism cannot surly be reasons for a State of Threatening Emergency. But panga wielding and slashing people’s hands and faces surely should be. Now that those who are arrested for ZESCO vandalism are PF cadres we do not hear or read about them. For the arsonists, you are just saying 11, no names and party affiliation. If they were UPND, we would not have heard the end of it.
@free you are very right! Why bring more brain dead children in this world? There is enough of these Kassi3 type to hold back human progress for a few decades to come. How this PF government that has been found waiting on matters of the constitution time and again believes that it now has the better grasp of the law than an association of competent lawyers such as LAZ is beyond me. Time, time, time and time again, Lungu and PF have been found massaging the law, breaking the law, misinterpretating the law and only relied on a few corrupt judges to avoid prosecution. Why, oh, why oh why must we trust PF and Lungu on this occasion? Do they think every Zambian is brain dead like Kassi3?
The great thing is posterity is already judging the PF actions. I like the PF because they are so predictable. One can literally trace their footsteps and know where they are headed. The fact that it is a gang of one-time prostitutes and embezzlers makes it so easy to deduce their line of thought. You know that either she wants sex or he wants to rob you. The sex and robbery are for the money and so are all the statements and proclamations being made.
Truth pains Mulenga.
The question is why is upnd led LAZ dreading the article? Many years ago we had the famous master story teller James Hadley Chase and one of my favourite novel was “The Guilty are Afraid.” What a party of wreckers!
I think Government should not so over reactive in its approach to such things. what LAZ is questioning is the way the article 31 was pronounced BEFORE investigations were announced to the public. this what some Zambians are questioning. secondly is that this happened when some MPS were not present that is al they are advancing. I think the best the Government spokesperson could have done was juts to acknowledge the statement that’s all rather than causing a storm in a cup of tea.
Do organisations like LAZ serve any purpose? So far I have only seen that its only service is that of a springboard for those that have polical ambitions and nothing else.
But HON. KAMPAMBA MULENGA, what is your arguing points against LAZ? You have accepted what was good for you and immediately attacked what was written against you.
It will be beneficial to see your argument other than just crying foul. Is your pain point the fact that LAZ issued that public statement or what is your problem?
LAZ just interpretted the law of Zambia as opposed to PF dogs who are bent on misinterpretting and sh1tting on the Zambian law to turn Zambia into one party state.
Only stup1d people believe what PF says.
Free HH now
@1.1 please check your spellings and grammar. Better still go back to school. Stop using the matero PhD!
Linda Kasonde is thinking with her womb (hysteria).
The ONLY time we hear from LAZ is when a law has been broken, misinterpreted, or abused. During PF we hear from LAZ a lot.
Who told you LAZ is part of government… Awe sure…
Can some one confirm this rumour I m hearing that Min of info ni kandiyo Ka Lungu when mama is away on errands!
If its true then shame on her but if not ,lets stop spreading such rumours people.
Only uneducated or members of Panga Family “intelligentsia” can argue points of law. Well done Hon. Minister. Can you please clarify the TRUE REASONS which have compelled Cabinet to agree invocation of Art. 31?
The reason is that some i.d.i.o.t.s that don’t understand democracy were the loser e.g KK, RB, Sata accept the results and move on decide to start causing havoc in the country. If you don’t understand that then your are illiterate.
******** above
When did you learn about democracy? North Korea, Ethiopia, Eritrea, Uganda, DRC, PR China, Cuba, Venezuela………………………
Do what shu shu do best, ki55 my arse
I SUPPORT THE MINISTER HERE. THE STATEMENT BY LINDA WAS HURRIEDLY WRITTEN WITHOUT DUE ANALYSIS. LAZ SHOULD HELP INTERPRET THE LAW, NOT TO GIVE INCONCLUSIVE STATEMENT WHICH REMAIN HANGING. WHY IS LAZ BEING VERY “ECONOMICAL” WITH WORDS?
HOW MANY MARKETS SHOULD BE TORCHED BEFORE THE PRESIDENT INVOKES ARTICLE 31?
HOW MANY ZESCO PYLONS SHOULD BE DESTROYED BEFORE THE PRESIDENT INVOKES ARTICLE 31?
HOW MANY COURTS MUST BE TORCHED BEFORE THE PRESIDENT INVOKES ARTICLE 31?
HOW MANY DEBS OFFICES MUST BE TORCHED BEFORE THE PRESIDENT INVOKES ARTICLE 31?
HOW MANY UNIVERSITY BLOCKS MUST BE TORCHED BEFORE THE PRESIDENT INVOKES ARTICLE 31?HOW MANY SHOPS MUST BE TORCHED BEFORE THE PRESIDENT INVOKES ARTICLE 31?
DO YOU HAVE TO WAIT UNTIL INVESTIGATIONS ARE OVER OR RATHER INVOKING ARTICLE 31 SHOULD…
Ediot, you type trash in all caps because you have nothing to say.
You spoil the mood of the comments when you yell in all caps.
@Umodzi the donkey: How Chisenga puts his opinion across is not the point, it is what is written in this opinion. It makes a lot of sense!!! You calling him names just shows you have nothing in your small brain to counter his opninon.
@ Chisenga: SPOT ON!!! You didn’t include the petrol bombing of the independent newspaper, The Daily Nation, by these cowards. They want to call ECL/PF dictator but even before they come into office, they want to shut down free press. Remember the words of GBM before election?? “..when we come into power, we shall buy Daiy Nation and then burn it…”
-CONTINUED- INVOKING ARTICLE 31 SHOULD RATHER FACILITATE QUICK INVESTIGATION? LAZ IS HERE BIASED. WHO IS SPEAKING FOR THE POOR THEN? ALL OF US ARE HAPPY THAT ARTICLE 31 WAS INVOKED, BUT LINDA AND HER UPND ARE NOT HAPPY.
When you say all of us, you speak for yourself and a few other ediots.
Stupid LAZ Executive under Linda, no wonder no marriage. Bitter as always. Be objective just for once so we can ascertain your current stance on PF Government, you haven’t changed at all.
If majority of male Zambians have IQ like yours, she is RIGHT to be single. No intelligent and educated nice looking lady wants to get married to imbec1le like you.
It seems people are using the word bitter to silence independent thinking. Please you need to come up with a better reason than that. It reflects badly and it is one of those talking points you here among simpletons
You are right Hon Kampamba Mulenga. LAZ wants to create doubt in the minds of citizens but be assured that it will only succeed in the minds of those citizens who are already Donkeys, UPNDonkey breed I mean of course. If one is not a Donkey he or she can see that this horsesh.it, sorry Donkeysh.it, can only be consumed by donkeys.
As I stated I analysed Linda’s statement last night, even in kindergarten pupil has better comprehension of English than this Linda and her so called “Council”. If it is not a challenge of English language it has to be one of being Donkey, a UPNDonkey which I have proved beyond reasonable doubt to be real donkeys, not something from fairyland…..kikikikikikiki….ati ma lawyer!!
Okay Linda as per LAZ protocol, now join yourself to the case by UPNDonkey…
Hahaha, so says the chief donkey himself.
…..Okay Linda as per LAZ protocol, now join yourself to the case by UPNDonkey MPs to challenge the parliamentary resolution, can you dare again after you were shamefully put in your place last month by a no nonsense Judge over a nonsense attempt to join a stupi.o.d case?. Or after I taught you some English language lady night?
ok so unlike the minister you support ,you do agree that there is a case challenging this article in court and as such LAZ were right not to go deeper ?muleikalafye if you dont have anything to say .
Comment:@ mama that’s why it’s believed silence makes one look wise, who ever told you Laz is part of Government? laz was established in 1973, it’s an independent legal profession of lawyers who’s main aim is to provide checks and balances towards the decisions made by the government partaining to law but it’s not part of Government.i approve this message
It was established by the act of parliament just like the police, OP, ECZ, ACC, DEC, ZCTU, etc. Learn. Just recently Fube wanted parliament to disband it. If it was as you think why do we need the Legislature (one arm of government managing such institutions or societies) to preside over their affairs?
To you government is only equal to Executive and in your narrow mind equal to PF. Bu cadre everywhere. Iye insoni!
Now that Kamba will send the panga wielding PF hooligans to raid Laz offices.
“Interesting… “
LAZ is spot on. Arson and vandalism cannot be the Reasons for declaring SOE and suspending human rights. In a 150 member Parliament u have 85 MPs voting for SOE after suspending 58 UPND MPs. It looks like the quorum was not met for such critical law to be passed in Parliament. Parliament should also have not passed the Bill without Regulations. They ZPS powers are said to have been increased in which way?Does SOE suspend the Constitution and in particular the Bill of Rights? How can an employee living in Kafue and working in Lusaka be indoors by 17 hours? Are PF Youth/ Cadres assisting the Police to enforce SOE. This is a Recipe for Political Turmoil.
The number of 1mbeciles who were suspended was 47. Just to put your low IQ straight. Now you can continue. You can only full your fellow zealots in on upnd not smart pf.
Article 30 which is for the state emergency (SOE) was not invoked. What was invoked was article 31 which gives the state powers to prevent activities and chaos that can lead to a state of emergency. There is currently no SOE and people are not dictated to be at their homes by 17hrs.
@Mambo: vandalism you say?? When one breaks a ZESCO installation for example and strips the copper from it, that is vandalism. Those pylons were brought down and ZESCO confirmed that all the parts were there and not removed, that ruled out vandalism!! You upnd supporters are always trivialising important matters, no wonder hh is sitting in a maximum prison cell because even you his supporters are failing to advise him and your party appropriately. Now you want to mislead his girlfriend Linda; THE SAD PART IS THE PF HAS EVERYTHING ON THEIR SIDE TO STRIP HER POWERS (LIKE A VANDAL STRIPPING COPPER OFF A ZESCO TRANSFORMER!!) WHEN THEY TABLE THAT MOTION IN PARLIAMENT.
@Zambian Citizen, the vandal happens to be a PF cadre. Lusambo knows him.
According to linda a( coram )can only be met if mps from southern are present. She is forgetting that a quorum is a minimum number required to kick start a meeting. When you support upnd even your intelligence drops.
Looks very much like that Oval. It shocking when you sit in clubs and discuss politics and these very educated people who support upnd still talk of the petition. How can guys with degrees think so low and fail to reason??? Then it hits you: DONKEYS; it’s a upnd thing….
Minister of misinformation goes ahead without shame to castigate a competent person like Linda Kasonde, its a shame Pf tried to use its useless and failed lawyers to move a motion of dissolving or even forming a parallel body just to safeguard pf interest, it failed and the body keeping going strong. We must be ashamed of ourselves. This Government is allergic to opposing views.
Th minister has not argued on other statements such as the extent of th threated public emergency n revocation of th bill of rights under this state. Also i note that many are talking about th “Quoram”. Miss Kasonde talked about “Coram”, she did nt miss th spelling bcas Coram and Quoram are to diffrent things so th Honorable Ministre did not argue wit substance on th matter as she argued on quoram n not coram which has diffrent meaning frm quoram. Law is not english but language. Th LAZ argument is frm th interpretive view of th law n th circumstance. U cnt interpret minus relating th interpretation to th current status.
Linda Ksonde is only told what to say. She is a fool
Umodzi kumawa and mama, LAZ isn’t a government institution. I can surely imagine that you know little about what is around you. Learn to consult before you start vomiting rotten words. You are UPND without doubts and you see wrong things to be right. *****S
Sir Lussacs-I wish your explanation was posted Linda’s statement. It could have helped those who were saying she doesn’t know how to spell quorum. Law uses alot of languages.
Lastly to pass certain laws, I’m sure parliament has to have 2/3 vote. This not for those who have met in the day but includes all MPs
Linda Kasonde is a members of a political so what do you expect from her? she is always negative
this ambi wearing woman and PF should leave the principled Ms Kasonde and LAZ mebers who are not compromised instead of attacking them
It’s not ambi , it’s sukisa bango, mekako and jaribu soap.
the current quorum of Parliament exclude 46 suspended UPND MPs so do,t mislead by Linda Kasonde she has her own agenda to suit the desires of the cartel
“CORAM” instead of “QUORUM” uneducated PF 1MBECILE
This govt thinks its in a one party State..this girl is another one who will end up like BUFFOON CK!!
But ba KK be sincere and objective, we all know that Linda Kasonde is compromised by UPND that is the fact, even the statement she issued it was done just to please her masters it has no substance she even contradicted herself
Any one who is critical of PF is linked to that silly disorganised opposition Party…grow up will you. What incentive is there for Linda to side with UPND…stop this laziness!!
Indeed that is the problem, it seems now people can not aire their views against without being tagged as UPND, very unfortunate.
Can you prove what you have just accused Linda?
To be a Zambian Minister of Information is one of the worst ever position to find ones self in. It’s the closest thing to being the devils advocate on judgement day. You have to protect and defend the indefensible. It ruins the political career of all who hold the position.
As Min. of Information, yours is to defend the indefensible. To speak what should not even be thought.
Just give me Gender or Chiefs affairs. Same pay, less stress.
Ba Kampamba,you want LAZ to take the matter to court because you control the courts … my foot!
A government that only listens to itself…PF. Now even baboons are tempering with power cables. Serious protest
GRZ is supposed to consult LAZ on legal matters thru the DPP,so if they don’t what do they expect LAZ to do?
The Statement sounds like it was written by Sunday Chanda as opposed to a civil servant. It would be interesting to find out the author.
Her agenda is to distract the Government and mislead the masses. The type that enjoys other people’s suffering. Blind to the recent happenings or simply terribly forgetful.
…and while we are discussing the honorable minister and Linda, the upndonkeys yesterday filed a notice in the Constitutional Court to discontinue the case to challenge parliament for endorsing president Lungu decision to invoke Article 31. General donkey, sorry, General Secretary Katuka decided to withdraw the matter after a meeting with the party leadership because he was reliably advised and believed that it was unconstitutional for Parliament to convene for purposes of passing a resolution to approve the declaration in the absence of the suspended upnd mps.
CHIPANTE PANTE POLICIES!! THE REAL CHIMBWIS WITH NO PLAN!! DONKEYS OF THE DAY: Linda Kasonde and her LAZ…
Anything but Zambian Citizen. It can be Rwandan, Ugandan, or Zimbabwean citizen. But you are not a Zambian Citizen
…why not??? Because I don’t fall for cheap propaganda from people like Linda??
Because you fall for the cheapest propaganda from a party like PF. The future of this nation depends on scrutiny of every decision the current govt makes today. Sustainability should be the key word on the current leaders’ lips. You on the other hand talk blindly like you are not of this land. Are you capable of criticizing your preferred leaders when they make questionable decisions? You are a bootlicker. You belong under a rock where the sun doesn’t shine.
Criticism should constructive. Article 31 was well within the law and Linda and her group shouldn’t have even got involved. It was a straightforward matter. upnd saved themselves the blushes and withdrew their case. Then LAZ decides to embarass themselves like this, very regrettable. Somethings don’t require scrutiny all the time, PF was chosen by the people to lead them, THEY DESERVE ALL THE SPACE TO PROVE TO THE SAME PEOPLE THAT THEY KNOW WHAT THEY ARE DOING, NOT RAISING UNNECESSARY CONCERNS AT EVERY TURN!!!
Coram
[Latin, Before; in the presence of.]
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. End of quote.
That hyena who is trying to justify the wrong word linda used should first read again that article and understand the context it was used and then refer to its actual meaning. Tell us if linda was right to use that term in that context.
Oh my goodness,this is a security issue and not a legal question.
If I were the President, I would make the same decision as EL but much earlier to protect life and property.
Its ALL about prevention not cure.
Let the ‘street lawyers’ argue as much as they want while property and life get enhanced security.
Dont be fooled.
Linda has her own security sorted out including padlocks to her under garments while she argues for the rest of us to be exposed to more risks related to our lives and livelihood.
I hope she sighted out all the points before advising UPND to sue Parliament. “From reliable sources”
LAZ IS A GOVERNMENT ORGANISATION COMPRISING LEGAL SCOLLERS.THESE ARE PEOPLE WELL VESTED WITH LEGAL KNOWLEDGE.PEOPLE OF ZAMBIA PLEASE KNOW THAT LAWS AND RULES IN ZAMBIA ARE FRAMED IN SUCH A WAY THAT A LAYMAN CANT UNDERATAND THEREFORE IT ONLY TAKES THESE LAWYERS TO INTERPRETE THESE LAWS.SO WHEN THEY TALK YOU NEED TO LISTEN VERY CAREFULLY AND TAKE TIME TO ASK AND RESERCH UNLIKE BLOGING ON ISSUES WE KNOW NOTHING ABOUT.
“Kasonde,” a Tonga, and “LAZ” which she uses as front are officially UPND sympathizers! They try to interpret the law as they see it with a skew towards the Tonga reasoning – a tribal view!
@#30, BENECHISHI Habalengwa! You are right! LAZ comprises Legal Scollers! That is why it sucks!
This minister of information is a useless cadre! Nyini iwe!
It is sad that markets were burnt and people lost their livelihood. I hope this will be redressed and there will be measures to ensure compensation and insurance schemes put in place for such eventualities. But in all reason, this and a few skirmishes to do with pylons and no evidence yet as to the causes, does not justify the invocation of Article 31. The country already has laws to deal with all manner of situations. This invocation is a draconian form of governing because you are incapable of following normal procedures, processes and strategic planning. It clearly points to paranoia and is a knee-jerk reaction to deal with ‘the enemy’. Remember UNIP under Kaunda – everyday they referred to the ‘enemy’ who was only visible to them. Do away with this mentality of criticism means…
..enmity.
Liinda Hamusonde is the waste LAAZ President
Have always said that Linda is dull. Kampamba sounds more intelligent than her. LAZ drop this woman before she destroys the name of LAZ.