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President Lungu breached the constitution by not stepping down during petition-CiSCA

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Bishop John Mambo
Bishop John Mambo
The Civil Society Constitution Agenda (CiSCA) says it is vindicated by the recent Constitutional Court ruling that highlighted some constitutional breaches committed by President Edgar Lungu and his government at the time the presidential petition was lodged in Court.

CiSCA Chairperson Bishop John Mambo says consistently, CiSCA has been revealing constitutional breaches being committed by the current government and its leadership and continuously called on the executive to respect and uphold the Constitution as per their oath which they have deliberately ignored.

Bishop Mambo says the judgment in the recent case of Godfrey Miyanda v. Attorney General [2016/CC/0006] in which Brig. General Miyanda petitioned the Constitutional Court among other concerns, the holding of the National Referendum alongside the 2016 General Election, the Constitutional Court categorically brings to the fore serious constitutional breaches President Lungu and his government committed to which he must be held accountable.

He says according to the Constitutional Court judgment, President Lungu who was an incumbent at the time, never stepped aside and handed over power to the Speaker of the National Assembly when the presidential petition was filed in Court, as prescribed in the Constitution under Article 104.

He adds that CiSCA and the general citizenry know too well that when the presidential petition was filed on 19 August, 2016, ensuing a dispute over the validity of elections’ result and outcome, President Lungu refused to hand over executive power to the Speaker as expected and enshrined in the Constitution.

Bishop Mambo says his organization finds this act by the President and those who advised him as a total abrogation of Constitution as the Court judgment has confirmed.
He states that the President, as a lawyer, cannot claim ignorance to this clear constitutional provisions and consequently to the breach.

54 COMMENTS

    • Bishop Mambo you are amazing.

      Whoever told you that the ConCourt ruled that ECL breached the construction lied to you.

      That petition did not follow a second round of voting.

      You go back and read again. If you have already read the Constitution the ask people help you understand it.

      Understanding has always been the greatest challenge for many.

    • There are no short cuts in life…PF will realize that soon but unfortunately it will be too late…let the petition be heard…

    • Spot on 1.1!!!!!

      These people don’t realise that Kenya learnt from them by:

      1 – counting days correctly
      2 – not wasting time on silly preliminary issues
      3 – not rigging S/Province

      Mushota tells us she has a PhD

      Thanks

    • The one to blame is not Lungu. A person who is devoted to illegality will always do and think of illegal things. The people to blame are the CJ and all lawyers. If lawyers in Zambia had morality no one would have accepted to represent Lungu. The defenders of law should not have allowed Lungu and should have stood for the people and constitution.

  1. iN SHORT U ARE SAYING THE PETITION MUST BE HEARD? CAN CISCO declare they are UPND? Thus why we shall not allow u with your so called thanks giving rallies, u wanna tell the people that u are not recognizing ECL? B CAREFULL SIR

    • Anyoko or whatever you call yourself, you are just admitting that your Lungu is illegally occupying that office! He is a very insecure man with very low self esteem.

    • The one to blame is not Lungu. A person who is devoted to illegality will always do and think of illegal things. The people to blame are the CJ and all lawyers. If lawyers in Zambia had morality no one would have accepted to represent Lungu. The defenders of law should not have allowed Lungu and should have stood for the people and constitution.

  2. not handing over the powers to the speaker of national Assembly by ECL is tantamount to treason.no one is above the law.when his immunity is removed he needs to be prosecuted.

  3. Bishop Mambo you are amazing.

    Whoever told you that the ConCourt ruled that ECL breached the construction lied to you.

    That petition did not follow a second round of voting.

    You go back and read again. If you have already read the Constitution the ask people help you understand it.

    Understanding has always been the greatest challenge for many.

  4. Very shallow way of analysing national issues. Please Bishop get a lawyer to assist you with legal issues. The problem the country has is that everyone is an expert on every issue. What l know is that the Bishop is a UPND cadre and as such no moral right to comment on national issues.

  5. We warned you and you will keep defending the indefensible as truth slowly begins to sink to 15.5 million Zambians that 2016 presidential results were REALLY STOLEN by a thief. 15.5 million Zambians were duped.

  6. In other civilized countries he would be forced to resign, you cannot breach the suprem law the land with impunity without consequence. It only happens in lands of ignorant citizens like Zambia who have no clue of democracy and find nothing wrong to be ruled by a criminal.

  7. @Advice, are you arguing that the concourt did not rule that ECL should have handed over power to the speaker or are you saying the concouurt was wrong in its ruling? On which point is Maambo wrong? Besides it’s you who does not understand the constitution or you have not read it at all. Read articles 100 through to 103 and point out the part that says the incumbent only hands over power in a second ballot. State the chapter and caption. Also check court records and prove that the concourt hasn’t made such a ruling.

  8. Real time accountability is what Zambia needs! If the Concourt has a ruling along those lines, consequences must be spelled out. Sadly, our Judges are very good at waffling and in the end we get miscarriage of Justice! Agony is throwing your opponent in prison for treason, only to realize you are guilty of a far worse felony! Shame!

  9. My understanding is that ECL was not sworn in according to the constitution, not sworn in by chief justice or deputy chief justice. My question is if he was not sworn in in accordance with the constitution is he,,,,,,,,The President.
    If he is not the legallly sworn president then does he have immunity.

  10. Muli bapuba bonse who against a sitting president. Mambo mambo mumbling again will not change the situation. Whether one is pro UPND or anti PF, ECL is the legally elected and officially sworn president of the republic of Zambia. Move on and just prepare for 2021 because crying over spilt milk or making noise here, will not change that fact. It’s wise to adapt to the dictates of a given situation than taking refuge in wishful thinking still clinging to a past you cant change when the future awaits you.

    • You are an id1ot Mayanda. people are fighting for the wrongs committed in the past to be corrected and not repeated again. its not just about PF and your Lungu but the future. Lungu wont be there for long and you and I know that even if you always want to pretend that lungu will live forever.

  11. This why HH says there is a collapse in the rule of law. PF thugs don’t understand the gravity the cases committed by their president. Time is ticking

  12. Mambo cant stop embarrassing himself.
    Neither can the UPND.
    What is Mambo doing about the breach he is talking about?
    Can t white capital in South Africa sponsor impeachment proceedings as they are doing to Zuma in SA?
    Maybe we should as UNIP to look at the deportation case of Mambo again.

  13. Irrelevant losers want to destroy Zambia! You are losers and your person who you want to sell Zambia WILL NEVER be president in Zambia! Mark my words!

    • You ass hole, the Bishop has correctly referred to what the ConCourt said in the ruling made in the case that Miyanda brought before the ConCourt! Grow up and not continue to live on tribal dung in your head.

  14. UPND TRYING TO CLING ON ANY AVAILABLE STRAW. PLEASE LEARN SIMPLE LESSONS.
    1.ZAMBIANS NATURALLY DISLIKE HH AND UPND.
    2.EVEN IF PF WERE TO BECOME UNPOPULAR, MAYBE 25 YEARS FROM NOW, ZAMBIANS WILL NOT USHER IN UPND, A NEW PARTY WILL EMERGE AND TAKE OVER THE REIGNS OF POWER. BUT NEVER UPND.
    3.UPND IS FOUNDED ON A STRONG TRIBAL BASIS WHICH IS REPUGNANT TO MANY ZAMBIANS. A LOT OF WELL WISHERS HAVE ADVISED UPND TO WORK ON THIS TRIBAL TAG, BUT THEY DONT LISTEN. IT SEEMS SOME PARTIES ARE PERPETUALLY TO BE CONFINED TO THE CORRIDORS OF OPPOSITION WHILE OTHERS ARE TO RULE.

  15. ARE YOU REFERRING TO THAT PETITION THAT WAS LATE, WRONGLY APPLIED, AND LODGED IN THE WRONG COURTS THREE TIERS BELOW THE RECOMMENDED COURT? IF IT IS THAT ONE THEN ITS JUST NOISE AT THIS POINT PLEASE MOVE ON.

  16. The onset of the end of the world when clergymen have flown their Bibles and concentrated on the politics, imagine a BISHOP who is supposed to bring back the lost flock to the house of God is busy talking about political issues …..please Bishop concentrate on your calling of bringing back the lost sheep to God rather than talking about earthly things.
    You should be counselling the juveniles of kabulonga who indulged in group sex by now, rather than trying to be an expert in politics and law. ….

  17. “…vindicated by the recent Constitutional Court ruling…”??????? Bishop Mambo, more like the UPND’s version of Father Bwalya. Just had to say something to stay relevant. let’s move on

    • David N, do not disparage him…..The Bishop has correctly referred to what the ConCourt said in the ruling made in the case that Miyanda brought before the ConCourt!

  18. Why this emphasis on getting to plot one by all means…Talk to your innerselves and let us concerntrate on other things, including supporting the government of the day.

  19. The one to blame is not Lungu. A person who is devoted to illegality will always do and think of illegal things. The people to blame are the CJ and all lawyers. If lawyers in Zambia had morality no one would have accepted to represent Lungu. The defenders of law should not have allowed Lungu and should have stood for the people and constitution.

  20. Lungu is a habitual Law Breaker. He stole a client’s money, he rigged his way to the PF Presidency, he kept Ministers illegally in their posts, he refused to handover to the Speaker, he was sworn in illegally etc. Lungu is illegally in State House without validation from the Court. Lungu should sort out these illegalities b4 he leaves power. # Let the Petition be heard now.

  21. @Chisenga, #22, you are right and that is what we have been saying for years and the bloggers from UPND show it all here and No sane Zambian can put any such garbage (haters) into power!

  22. The Namwala #30 @HaChabu, if that is the only thing your thick heads will get, then the people of Zambia will vote in the President again (or to you will rig again!) So that HaChabu will not be in power! Love that?

  23. “Bishop Mambo rigged the protocol by not stepping down for others to be Bishop when he was Bishop!” Sounds stoolpid, right? That is how the above sounds too!

  24. Now what’s the way forward? Mr Kanganja sir when are you arresting this law breaking citizen? Or are you waiting for Mumbi Phiri for instructions?

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