[By Brig Gen Godfrey Miyanda – 7th November 2017]
INTRODUCTION
This statement responds to the misleading conclusion by the Young American Leadership Initiative (YALI) that President Edgar Lungu has not done anything wrong by threatening, intimidating and making spurious unsubstantiated allegations against the Constitutional Court judges handling the case in which he is an interested party. The YALI message (www.lusakatimes.com 6th November 2017) resonates well with the equally misleading statement by the Republican Vice President in defence of President as well as that by Special Assistant to the President Mr Amos Chanda.
I am one of the Interested Parties opposing the case which is active before the Constitutional Court of Zambia. For obvious reasons, which even President Lungu must surely be aware of as a lawyer and prospective PF candidate for 2021, the Rules of Court preclude public debate of a specific matter that is active before any court (which includes magistrates’ courts). I reserve my right to raise issues once the Constitutional Court has heard and finally determined this case or given other orders. My comment is merely to disagree with and correct YALI (and by implication Republican Vice President Wina and Special Assistant to the President Mr Amos Chanda), that the President has done nothing wrong.
YALI:
The YALI statement is actually a cover up scheme to divert attention from the crime President Lungu has committed against the Constitutional Court judges. It is misleading because it has ignored and/or deliberately twisted the published facts now in the public domain regarding President Lungu’s diatribe against the Constitutional Court judges hearing the so-called Third Term case.
THE FACTS:
Whichever media you read that published the President’s harangue of the Constitutional Court judges had essentially the same message. The most prominent headlines on 3rd November 2017 were in the government Times of Zambia (EL EXPOSES JUDGES’ PLOT…PRESIDENT REVEALS KENYA-STYLE PLOT BY CARTEL OF JUDGES TO STOP HIM FROM CONTESTING 2021 POLLS), in the government Zambia Daily Mail (LUNGU WARNS JUDGES… JUDICIARY SHOULD LEARN FROM WHAT’S HAPPENING IN KENYA), and in my former favourite ‘independent’ paper the Daily Nation ((LUNGU WARNS JUDGES…. DO NOT BRING ACRIMONY IN THE COUNTRY). Private media carried the same message from His Excellency who spoke on landing at Solwezi airport on his way to address members of his political party, the Patriotic Front. In short the President was referring to the active case filed in the Constitutional Court Registry at Lusaka, Cause Number 2017/CCZ/004 filed on 8th February 2017. The case was brought, not by President Lungu or the PF, but by four opposition political parties who filed an affidavit indicating that they are supporters of President Lungu’s intended candidature in the 2021 presidential elections. The case was filed on 8th February 2017 and has been going on since then. The Court adjourned on 30th October 2017 to 15th November 2017 to enable the Applicants to file their response to a motion by the 3rd Interested Party (Brig Gen Godfrey Miyanda) to nullify an Order or to dismiss the whole case. This information is NOT SECRET but is available at the ConCourt registry and the public, including Mr Mwanza and his YALI, are free to search the court records at a small fee. The case was filed by Reverend Dr Daniel Pule and three other opposition parties, who are represented by six law firms capable of handling their case without interference from any quarter. I am unrepresented and I have invoked my Constitutional right to represent myself; and I say I am capable as long as there are no underhand methods being applied. By going to the Constitutional Court I have expressed my confidence that I will receive justice without interference or overbearing by the one person who is the Guardian and Watchdog sworn to protect and defend the Constitution and abide by the Rule of Law.
THE SUBJECT MATTER:
The Applicants, Dr Pule and three others, have, through their lawyers, applied to the Constitutional Court to interpret these two questions, inter alia, verbatim –
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Whether His Excellency Edgar Chagwa Lungu has served two full terms for the purposes of Article 106 (3) as read with Article 106 (6) of the Constitution of Zambia.
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Whether, as a matter of the Constitutional law of the Republic of Zambia, His Excellency President Edgar Chagwa Lungu is eligible for election as President for another 5 year term following his current term of office which commenced on 13th September 2016.
This is the specific Subject Matter before the Constitutional Court which the prospective PF candidate for 2021 Edgar Lungu was discussing on the apron at Solwezi airport. Mr Mwanza has confirmed that he carried out a wide research before publishing his comments; so he is aware or ought to be aware of this case. Of course it will be the biggest lie in this Christian Nation for prospective candidate Edgar Lungu to pretend that he is not aware of this case!
HAS LUNGU DONE NOTHING WRONG?:
According to Mr Mwanza, Vice President Inonge Wina and Mr Amos Chanda, President Lungu has done nothing wrong by threatening the judges as he was just counselling them as the Commander-In-Chief – fellow Christians, what a bad testimony against our Faith! Strangely the judges were not at the airport to be counselled. All these commentators must be schooled about the difficult subject of the Separation of Powers, which may be a topic for another occasion. But definitely the President has no power to “counsel” the Judiciary on their judgements; strictly speaking he is NOT even one of the Commanders of the Services.
In any case there is not any provision for the President to counsel any judge; if he has been doing so behind our backs he has breached the Constitution because judges should not even counsel one another when handling a case. That is why there were two dissenting judgements in the aborted UPND petition. Judges must decide a case according to the evidence presented by the parties to the case, the applicable law and the arguments for and against. Any interference from non-parties are against our justice system.
Thus His Excellency President Edgar Chagwa Lungu is not just wrong; he has committed a criminal offence. In his research Mr Mwanza should have established that there is an offence called “Contempt of Court”. This offence is intended to punish those who interfere with the course of justice. Many treatises have been authored on the subject of contempt of court. But in the context of the YALI claim that President Lungu has done nothing wrong, I say that President Lungu has committed what is defined as ‘criminal contempt’ as opposed to ‘civil contempt’. Criminal Contempt is defined as “the publication (whether by words spoken or written, or by signs, or by visible representations, or otherwise) of any matter or the doing of any other act whatsoever which (i) scandalises or seeks to scandalise, or lower or tends to lower the authority of any court, or (ii) prejudices, or interferes or tends to interfere with, the due course of any judicial proceedings, or (iii) interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other matter”. There are authorities indicating that in spite of the constitutional right to freedom of speech the courts CANNOT be prevented from punishing any contempt of themselves, by spoken or printed words calculated to have that effect.
So the President was not just wrong but mischievous to have introduced this topic for public debate with malice aforethought as he clearly has a secret agenda; he knows he cannot be sued or prosecuted because he has immunity. But although he cannot be sued or prosecuted he can be impeached, which amounts to the same thing. Impeachment under our Constitution means that a president in office can be charged and tried for appropriate offences alleged to have been committed by him, by means of a trial process outside the normal court system. But other citizens, including Mwanza of YALI, can be punished for contempt of court and cannot rely on freedom of speech, depending on what they have published, whether in writing or spoken.
Mr Mwanza and his YALI owe the public, especially the youths of Zambia, an apology for misleading them, albeit deliberately to ingratiate themselves to those in authority. YALI is wrong, double wrong, to allege that President Lungu has done nothing wrong. He has committed Criminal Contempt. Ask him privately; if he is an honest man he will confess to you, instead of misleading his Vice President who wrongly defended him a few days ago saying that he was just counselling the judges since he is the Commander-In- Chief. How do you counsel someone who is not present at your Solwezi Mobile Counselling Clinic?
The President definitely was aware and is aware of what I have written here. So why did he carry out such a serious affront to the Constitution of Zambia? I believe he is a schemer and has schemed his strategy for 2021. Now he wants to provide ammunition to his cadres and create a fake debate which is now going on. He also wanted to sow seeds of hatred against the Constitutional Court judges in case they rule against him; so the chaos he has prophesied would actually come from his Party and his supporters. I know it is the current Constitutional Court Judges he was talking about because they are the only ones with the mandate to hear and determine Presidential Petitions and constitutional issues under the so-called new Constitution.
Since President Lungu has revealed the state secret himself, let us challenge him to table the evidence of the plot publicly so we can judge for ourselves, especially those who are part of Cause 2017/CCZ/004. Let him name publicly the judges who are involved in plots to subvert the course of justice!
CONCLUSION
Fellow Zambians, we are at the Cross Roads; talking about removing judges of the Constitutional Court though seemingly justified in the prevailing circumstances created by the PF leadership, is one-sided and very premature. In Zambia we are very quick to condemn those who are alleged to have been corrupted. But then we completely let scot-free the corrupters to continue corrupting new targets. My personal opinion is that to remove the judges before discovering who corrupted them will be dull act of covering up and favouring the Big Fish who corrupt others. Instead of exposing the judges, President Edgar Lungu has exposed himself by his open intimidation of the Constitutional Judges. My opinion is that we should momentarily stop demanding for the removal of judges; we must first demand to know what happened during the aborted UPND petition between that Friday night before midnight and the following Monday morning when the ConCourt dismissed the UPND petition. This is not a malicious or empty demand. After the prayers of repentance, reconciliation and unity on 18th October 2017 let the President come forth with the truth as provided in the values in the Constitution that he signed. There is more to this than meets the eye; what is our President afraid of? Perhaps he needs help; he can share his burden with the Men and Women of God surrounding him.
Last but not least I urge President Lungu to hold a genuine Press Briefing forthwith, on radio and television. Let him speak for about 45 minutes to one hour on whatever is upon his heart, live on radio and television; then at least two hours of questions from the Press Corps, followed by public interaction where opposition leaders also be involved. He has NOT held any Press Briefing. The last attempt was a one-sided ambush of the Press Corps on Article 31.
GODFREY MIYANDA,
BRIGADIER GENERAL,
A CONCERNED ZAMBIAN
[7TH NOVEMBER 2017]
With DFiD rumoured to have cut funding to YALI, the latter have no choice but to prop up Jonathan’s government to enable them put food on the table…..
What was wrong in reminding the judges to do their job without fear or favour. What is wrong to tell the judges to be professional.
Retired Brig Gen is your right title no brig general. There’s a big difference. Why didn’t you condemn hh when he publicly insulted the judiciary. Laz at least they did but you were completely mute. Be impartial and I will take you seriously. I was going to support you if you did condemn hh equally. This only goes to show that you are irrelevant to the equation and you don’t know what you stand for.
That is your opinion Gen Miyanda .
It is interesting you have never had anything positive to say about Lungu be it anything he has done.
Your agenda is quiet frankly all there for One to see – shame !
It is hard to elect best mind of 2017:
1. G.Miyanda
2. Sosala Chitimukulu
3. Ndulo
Intelligently written response…the issues raised are worrying and need immediate analysis by all stakeholders, we the people…now we await for a similar well articulated response from State House…no press conference from President suwa, why cant our servant talk to us????
Can some one please confirm that lungu actually studied and passed law?
General Miyanda is right on this one. President Lungu’s remarks were not made in good faith. They were intended to intimidate the judges in making a judgment that would favour him. He has committed contempt of court by try to influence the outcome of a court judgment using his office to blackmail learned judges by reminding them that should they rule against his eligibility for the 2021 Presidency, then there will be chaos in Zambia. This makes Lungu begin to sound more like the prophet of armageddon.
Ka Mushota, have you ever had anything nice to say about other people, other than Lungu.?
Politics ya mu cyberspace….
When I speak it is contempt of court. When you speak it is freedom of expression. Contempt charges for criticism can be elastic in a democratic country. It is actually one of those vestiges of dictatorial monarchs. In a modern nation people exercise their freedom of expression based on constitutional protection of personal liberties. Glorifying judges can not serve the interest of justice in the country. All public servants are obvious targets of criticism to strengthen democracy. To cut a long story short, the matter can be taken to the same Constitutional Court to determine.
The Presidency is a mighty office…if Ba Lungu was an accountant, I would excuse his excellency for his speech in Solwezi…but as a lawyer, a learned lawyer his suggestions towards the bench were and are totally unacceptable, his office should be for peace and not underhand methods to manipulate the masses…King mentality has settled in our man, he is above the law! One wonders what he does or says privately…
All citizens enjoy freedom of expression. It is unfair to exclude presidents from enjoying their freedoms. Lawyers are also citizens. There are people that may not be amused by developments in Kenya. It is not correct to take an option that leads to more tension in the nation. It is also a matter of jurisprudence to wait for the next general election. Or are you suggesting a new power sharing arrangement? If that is the case, then a constitutional amendment can also help.
2@ and @2.2 Dr Makasa Kasonde: I am very disappointed by your lack of appreciating the ramifications of a threat against any person especially by a President!. My hands are tied bcoz I am involved in this case. But do you meant it when you say people should wait for the next general election? You should advise Lungu to wait for 2021 instead of intimidating judges///
BELLY CHABE’!!
These “Yali” Cowboys know Ba Jona Pombe, has the key to Zamtrop ATM machine, so lick @rse mega style, & when the British ask for their money back, Jona will instruct Kaizer to empty Zamtrop, pay the Brits, & you will see these Corrupt Yali Leeches go into OVERDRIVE campaigning for Jona to have a 3rd term unopposed.
WATCH THIS SPACE ZEDIANS!!
Well researched article sir as always and as the saying goes, “Fools Multiply when the wise men are silent!” Shall we be the salt of the earth to preserve the integrity of our country from moral corruption ? It is a noble duty of every Zambian to uphold right governance.So,thank you sir ,for being among the very few going against every odd to secure a Zambia we all dream of.
This is war against the mindset of corruption not against PF as some are quick to conclude.Keeping silent means we become partakers,we become equally yoked with the same people inflicting pain and perpetuating poverty in this land.
Zambia is way much bigger than a cluster of selfish , delusional individuals who’s only aim is to fatten their belly!!
4@GoodIAM: I hear you, I hear you. My heart is heavy and getting heavier by the day, wondering how we who have the treasure called Zambia do not know how to make it benefit and serve every one! I adopt your contribution in toto and will meditate over your points in order to discover the answers that I believe are hidden in your powerful COUNSEL; YES THIS IS REAL COUNSELLING. You have made my day, completely countered @ 2 and 2.2 Dr Makasa who has missed the boat. We must NOT wait for President Lungu’s chaos to manifest. Prevention is better than cure: remember the Chaos Army has no Commander-In-Chief and answers to no one except to the wind///
HH oval head i don’t know how hard it is for you to understand this ,The president has no right to counsel judges let alone any other judge .Is that so hard for you to understand .He is not a commander of the judiciary .He is commander in chief of the armed forces which are part of the executive .Really is that so hard for some of you to understand .He cant correct them or advise them chapwa .They are a separate body they are not part of the executive .
Congratulations Rtd Brig. Gen. Miyanda. Ever since you left the ruling party (MMD), I have known you to be an objective debater. I totally agree that our beloved President ECL, committed contempt while madam Wina was doing what our parliament is well known for: “politicking”. Yali should be cited for contempt so that other organisations and individuals learn to follow rules and regulations.
What contempt? Criticizing judges – not quite, insulting judges – probably. And recently someone insulting the whole judiciary, and I think Gen Miyanda was in the country at that time.
The GENERAL is missing a point, YALI has just issued their OPINION. Attacking their opinions really it’s not right especially for senior CITIZEN like you.SOME TIMES HATRED is POISON because you adjudicate ISSUES on hate of ECL,The THINKING of people like YOU and tribal CON-COURT president (Hilda whatsoever) was what made the president ISSUE that statement in Solwezi .THE TRUTH of the MATTER is that Tongas at large you are ANT-PF/ECL and because of this FACT Tongas have regrouped to demonize any progress DONE by PF/ECL . This is done by CHIEFS from south,CIVIL SARVANTS (from south/upnd even across the board)and SOUTHERNERS at large. ECL was clarifying or emphasized that Judges has to work diligently without favor is more tribalism but to work in line with the constitutional mandates. Mr…
We are certainly heading for trouble in this country, whatever the outcome of the ConCourt’s ruling concerning ECL’s eligibility for 2021
General, your clarity of mind never ceases to amaze me. What the country needs is unity of purpose to begin to prepare for 2021 and get rid of Lungu and PF. This can be achieved by getting all right thinking individuals to come to a table ( a proper Indaba) to come up with a road map..Forget your differences. You, HH, & Elias Chipimo, involve civil societies, citizens like Laura Miti, Pilato, to mention a few. People who clearly want nothing but the best for our country. Presently citizens are scared to voice their concerns but given a platform like this ‘ movement’, you will indeed be surprised the response.
…But you seem to forget one FUNDAMENTAL thing: PF/ECL was voted by the PEOPLE!!! They didn’t stage a coup d’etat or something like that. Since your petition, dictatorship, hh arrest, silly fire tender protests (which was done ONLY by Miti and her friends), NO ZAMBIAN HAS GONE ON THE STREETS TO PROTEST AGAINST THE PF!!!!! The recent 2017 councillorship by-elections were won by PF, WHO SAYS PF IS BECOMING UNPOPULAR???? This whole campaign to get rid of PF is a upnd tactic which will fail as they have done so 5 times!!! There is no “movement” growing as life is just as it should be: NORMAL. 2021-the 3.5 will vote hh and the 6.5 will vote ECL, simple!!!!!!!!!!!!
Ba Mwape – It will not happen because none of you is talking about what you will do when you replace Lungu. Replacing Lungu in itself is not going to improve the lives of Zambians. Working with external vested interests to capture power in a country has never been a good strategy – and human beings anywhere in the world resent it. Apparently, that is your leader’s strategy.
Laura Miti and Pilato? Thats laughable! What credentials has Laura Miti apart from the fact that she failed to keep a marriage?
Gen. Miyanda, your hate for ECL has clouded your judgement. It is sad that a senior citizen like you would go to any length to condemn anything or anyone who agrees with our president. Yet you fail to provide elderly advice when hh insults the same judges. YOUR RELEVANCE TO THE NATION IS FAST FADING JUST AS HERITAGE PARTY DID.IT IS ALWAYS SAD TO SEE USEFUL PEOPLE GO TO WASTE!!!
General miyanda is not tonga, but from eastern province.
So what has his tribe got to do with the above subject matter????
Sorry iwe chi muntu, i was trying to reply to mr p and not you, how i got tagged to you only LT knows.
I would call it love for his country!
To be honest ladies and gentlemen, I love reading but I can’t manage to read the gibberish from this “General”. I will leave others to debate.
Wantanshi he passed with flying colors very intelligent trust me i was with him believe me
Is that so? Then why is there no evidence that he knows the law? May be the massive loads of alcohol he consumes every day must have erased whatever the professors pumped into him. Gen. Miyanda probably knows more law than the entire institution lungu attended, if any.
Ecl was post news paper lawyer and during the period he worked with Fred post never lost any case. That’s one proof for you.
In any case there are more than 5 judges at the Concourt so who was he counselling as clearly stated that ” some but not all Judges at Concourt have become adventurous” Your guess is as mine
Failure. He can’t even garner 1,000 votes. You had your chance. He helped bar KK from standing in the 1996 elections. He allowed unfettered privitizing of our industry which has lead to the current unemployment levels, he liquidated Zambia Airways. The list is endless. Pure hatred at work.
Sound as always… Theres a big diiference between politics and national issues. This sense of entitlement we create in our lkeaders can only work against one group..us! Lungu now feels this is his maize field and he must do as he pleases.
Kalulushi constituency dug out votes what next?
X-mine workers in Kalulushi may have reservations to vote for someone who made good of himself during privatisation. What the General should know is that all the Summons indicate in the name of the President and I do not know who this President the Summons are referring to. Then in the Civil Service, PSMD have forms and appointment letters that indicate in the name of the President, you are appointed to this position and Judges themselves have to be sworn in by the same Presido. During swearing in Ceremony, the Presido always remind Judges to be on the look out. I am not sure what is wrong this time for the President to provide guidance. Anything wrong will be a fault of the President.
17@Dyonko: 1. Clearly you have no understanding of what you are writing about. You need a full session on Court process and its purpose so I wont argue with you. 2. This time it is wrong because the judges were not present in Solwezi so the President was politicking and NOT guiding anybody but rumour-mongering and spreading hate messages against the undefended judges. 3. Advise him to come to court and argue his case in my presence as I am a party to this case and he has prejudiced my case. And you say he is a lawyer? Then it is better not to be a lawyer; very bad example to student lawyers and fresh lawyers just out of law school.
With due respect to the Brigadier General Miyanda Sir stop the hatred for the President just advise or lest you will be seen as a spent force…
He is not brigadier general. His right title is retired Brig Gen. If he crosses this level he will assume a new title which is retarded brig general and this is not what we don’t want him to be. Let’s prevent our beloved miyanda from reaching that level please.
18@Zakeyo: Zakeyo, are you still up in the tree? You have mistaken me for President Lungu the Hate Messenger; what has he achieved after the 18th October prayers of reconciliation, repentance and forgiveness? I have no personal issues with him but I am concerned about his lack of judgement and poor etiquette and protocol. I advised him against signing the Constitution with his eyes closed; unfortunately he closed his eyes and when he woke up he realised he was wrong and came up with “fine tuning”. It is a national duty to provide checks and balances. I shall continue to fulfil this reprehensibility on any topic, whether you and others like it or not. Stop name-calling and debate the topic at hand///
Where in the world have you heard such a title, retired army something…
Please educate yourself
Can someone tell me What wanabe Lawyer Miyanda did as Vice President of Zambia or as Minister of Education? And his party Heritage party still there ? If it is there where is his executive? We know MMD’s Secretary, UPND’s secretary, PF’s Secretary. Miyanda appears to be a one man army. And why should I listen to a guy like that, can someone tell me? What really is the difference between Miyanda and Muliokela?
True, its a wonder why people like Miyanda who are about 75 years old still think they can make a grade as a leader for Zambia. Miyanda was Vice president for how many years? 2 or 3 years, before that he was secretary general of MMD and even Minister of education. In total more than 10 years in leadership. And he believes those were not enough years to make a difference? He was Vice president and many times he acted as president of Zambia and he still thinks people should give him a hearing? Typical of leaders in Africa (Listen to Mnangagwa in Zimbabwe too). Has Miyanda even apologized for being part of the team that introduced misery to Zambians through the unplanned privatization? Please lets listen to new blood, not the same old recycled guys like Miyanda, who is only good at debating…
20 and 20.1@Comedian and @Chalo ni Chathu tonse: very weak introduction but good attempt to debate. Now debate the topic, or have you lost your way and found yourself on a serious platform for exchanging ideas on national issues?
No difference both same
@20.2 Godfrey Miyanda, my point exactly, you reduce everything to debates. Did you miss it, I and Chalo were not discussing the topic but you. I was wondering why you still believe we should listen to you when you had over ten (10) years service as a leader of government. Let Lungu rule, you had your time. You appear to think that Lungu has done nothing right or even his party. Give us a break, will you?
Hazaluza Hagainnni