Friday, March 29, 2024

The Speaker is not Biased in declaring Chilanga Constituency vacant-Sinkamba

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Green Party leader Peter Sinkamba
Green Party leader Peter Sinkamba

The Speaker’s notice to the Electoral Commission that a vacancy has occurred for Chilanga Constituency is not in any way a double standard on the part of the Speaker, says Green Party President Peter Sinkamba.

Reacting to comments insinuatating double standards on the part of the Speaker for “declaring” Chilanga Constituency vacant whilst not doing so for Ministers Nkandu Luo’s and Margret Mwanakatwe, Mr. Sinkamba clarified that according to the 2016 Amended Constitution, the Speaker no longer has power to declare a parliamentary seat vacant.

He said under the new constitutional dispensation, the Speaker only notifies the Electoral Commission that a vacancy has arisen, on case-by-case basis per requirements provided in Articles 72 and 70 of the Constitution of Zambia. The Speaker no longer has power to declare a parliamentary vacant, hence a mere notification.

“You see, in the case of Hon. Nkandu Luo, her appeal is yet to be decided by the Constitutional Court. The Constitution in Article 72(2)(h) provides that a Member of Parliament shall vacate the seat if disqualified as a result of a decision of the Constitutional Court. Since Constitutional Court is yet to make a decision to disqualify her, she cannot vacate her seat,” Mr. Sinkamba clarified.

“Now, the difference with the Chilanga seat is that the Constitution in Article 70(2)(f) provides that a person is disqualified from being a Member of Parliament if that person is serving a sentence of imprisonment for an offence under a written law. So, because Mukata is serving a prison sentence, then in that manner he is disqualified to be elected as a Member of Parliament. This scenario automatically triggers Article 72(2)(2). It is for this reason he is required to vacate the seat.

“To make matters worse for him, the law does not appear to make a provision for a stay of imprisonment sentence to murder conviction. I think it only provides for stay of execution of hanging up. This has to wait until so confirmed by the Supreme Court.

The Constitutional Court plays no role on murder cases. That is the jurisdiction for High Court and Supreme Court. Furthermore, the notice of appeal that I saw reported in the media relates to death sentence, after mitigation, and it is addressed to the Supreme Court, not Constitutional Court. So, in terms of Article 72(2)(h), on which Nkandu Luo is leaning, this cannot be triggered in the Mukata case,” the Green Party leader said.

Mr. Sinkamba added that the only way that Mukata can do to stop the Electoral Commission from conducting the bye-election, following the Speaker’s notification of the Commission is to gamble by appealing against the Speaker’s notification of the Electoral Commission. He could argue that a vacancy has not arisen because he has not yet started serving his sentence, which is hanging until pronounced dead.

“You see, serving a death sentence is subject to interpretation. At what point are you said to be serving your sentence? Is it while in prison waiting to be executed or when the hangman ties the noose around your neck in readiness hang you? Also is possible to serve your execution sentence without serving an imprisonment sentence? Is imprisonment sentence implied for murder convicts? Now, these questions require interpretation by the Constitutional Court in relation to Article 72(2)(h),” he said.

Mr. Sinkamba said if Mukata came up with such legal gymnastics, then the Chilanga bye-election is not so near, as may seem. He added that if Mukata did so, then he could continue receiving his salary from parliament pending the outcome of his petition at the Constitutional Court, and at the same time wait the Supreme Court appeal.

“He could do a double tobela!” Mr. Sinkamba quipped.

33 COMMENTS

    • THESE JOBLESS INDIVIDUALS – TEFINTU. YOU ARE CONVICTED AND STILL WANT TO FIGHT TO REPRESENT THE PEOPLE? COME ON THE CONSTITUTION CAN DO BETTER NAIMWE. WHAT PRECEDENCE WOULD YOU BE SETTING?
      =================================
      He is a convicted killer now. The people of Chilanga should not be taken for a ride. Zambians should learn to respect the office of an MP. A bye election is looming in Chilanga period. Speaker is biased my foot. Why does UPNDEAD tolerate lawlessness with impunity.

    • Peter Sinkamba needs to be given one seat in Parliament by the people…this man would bring on sense in the house instead of just seating and shouting nonsense then getting huge allowances.

  1. Thanks for the enlightening us on this case. Sinkamba. Your honest opinions and analysis are very educative. As sad as it is for Mukata he decided on his own to go to bed with the crow. Many more have and cant see it. Infact most leaders will be wishing to be in mukatas shoes as this government will have the longest jail serving executives in history. They seem to have a knack for records being broken. The Zambian people sleeping with empty stomachs will be the final judges. Super Ken was the most feared and powerful but when people had enough they had. Not a far fetched memory when we were running towards soldiers guarding old state house in chilenje without fear or staging real protest on campus with greats like Kelo and his team.

    I believe no sooner will Pee eff see and realise…

  2. I Hear Kasama was all red yesterday ba LT show us some pictures or at least give us some news about the event

    • Yes good point the fake boy turned law maker was serving a sentence with his MP ship in prison. Muyumbwe constituency was deprived of parliamentary representation for the whole sentence the fake boy was in the cooler. Law suited PF then, law suits PF now.)

  3. As I said you are wasting your time trying to explain to people like UPND toddlers who don’t really know what they want..they have no strategy even for a clueless lazy govt like PF!!

    • Furnace Banda,

      I don’t like dwelling on tribal issues, but since you are probably just asking an innocent question, requiring an honest and factual response, I would like to inform you that, to the best of my knowledge, the Speaker’s tribe is Lenje.

  4. The so called “learned” UPND twits are in in fact very dull, petty and jealous calves who aren’t knowledgeable at all. Just see how an independent thinking mind of Sinkamba has simply and plainly explained the situation meaning he understands our amended constitution yet the so called tribal MPs are just busy hoodwinking and letting those who blindly elect them suffer year in year out.
    Unless the same Tongas realise that HH means nothing to them, their children will surely continue being led by those with open minds.

    • When your father and father’s are thief’s, and your mother and mother’s are thief’s and the busted children’s, Are the ones in PF. And all these are pf supports. BUT WISE AND KNOWLEDGEABLE PEOPLE, are the UPND Members and support’s.

  5. It’s a pity money follows foools. I wish Sinkamba had the same money as gumugumu so that his campaigns can be very effective. But as it’s the guy is just going to waste while money loaded blue headed lizard is able to hire tv stations to disinform the nation.

  6. Sinkamba is wrong, the only reason Keith is behind bars is that murder is non bailable. An appeal in the Supreme Court also acts as a stay. Suppose Keith is acquitted or is granted Constitutional bail and is able to attend Parley? Would a by-election suffice?

  7. Master piece from Hon.Peter Sinkamba!!this man is very wise!!how i wish HH was as wise as Sinkamba,many of us could vote for him.but the tongabull is very dull.Kainde misleads his tribal followers on many national issues!!!thank God that many Zambians do not believe the lies from Kainde!!
    THANKS A LOT MR SINKAMBA FOR YOUR WISE WORDS!!WE HAVE LEARNT A LOT HERE SIR!!KEEP IT UP!!!

    • And ECL despite being a lawyer and President has misinterpreted the constitution how many times???? HH is not in power right now so u ought to be more concerned with Chagwas legal failures

  8. In the 2016 campaign h.h pulled crowds in Chililabombwe and other Copperbelt towns. But because the poor boy has no consistent or logical political message, when the elections were a few weeks away, h.h just fizzled out. You could not hear of even his copperbelt chairman.
    For me when I hear that h.h is pulling crowds I know that it spells disaster for the young boy. People go to see him as the arrogant boy who does not respect them by not respecting their choice of President. Added to that they also want to hear what h.h thinks about the xenophobia in Namwala, but h.h instead talks about his Mukobeko as if anyone cares.

  9. DOUBLE TOBELA is what is happening in PF now SAD for my MP MUKATA he has a very beautiful coloured Wife though he was flirting alot with BLACK girls what a comparison from clored to BLACK ONE eish , anyway if the law says u hang till death i would nt mind to do DOUBLE TOBELA ON THE COLOURED NOT THE BLACK one

  10. The Honorable Speaker was right.
    Mr. Peter Sinkamba’s analysis of the Constitutional provisions is correct.
    We need more leaders of Mr. Sinkamba’s analytical capabilities to take this nation forward.
    I urge everybody to take time to carefully read the Zambian Constitution to better understand the Constitutional foundation of our nation.

  11. Good one Peter! Now why cannt you, hamududu,nawakwi team up and become a force stop arguing about who should be president and roll up your sleeves for the good of the people

  12. Peter needs to sit down, the same useless speaker who failed to assume power when it’s clear in black and white in our constitution. The same laws PF are abusing is going to judge them, they will be crying about fairness when somebody else assumes power and that fairness and justice will be nowhere to be seen. Treat others how you want to be treated like the bible say, you never know what will happen in future. Right now we have two people with nullified seats being given top positions, how is everyone including the Chinese going to look at us, they realize we don’t follow our own constitution, no wonder they are taking advantage of the situation to steal and bribe our unprincipled leaders

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