Friday, March 29, 2024

There is no law in Zambia that prescribes morality to stand as an MP-Chipenzi

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European Union Election Observation Mission in Zambia Chief Observer Cecilia Kashetu Kyange with McDonald Chipenzi shows off the General Elections and Referendum Final Report at Intercontinental Hotel shortly briefing
FILE: European Union Election Observation Mission in Zambia Chief Observer Cecilia Kashetu Kyange with McDonald Chipenzi shows off the General Elections and Referendum Final Report at Intercontinental Hotel shortly briefing

Civil society leader McDonald Chipenzi has said that there is no law in Zambia that prescribe anywhere that divorcees or divorced, a suspected homebreakers, husband or wife snatchers, prostitutes (both males and females) or indeed those with boyfriends and girlfriends are ineligible to stand in an election, save for the certified married couples, pure singles, if any, widowers or widows.

In a posting on his facebook page,  in defense of UPND candidate in the Chilanga by-election Charmaine Musonda’s, Mr Chipenzi said that, in a morally broken society like Zambia’s , and in a country where morals are not legislated or prescribed in the laws,  and where there is no national agreed moral code, it was legally, morally and democratically wrong to cast aspersions at or discriminate Ms. Musonda on her perceived past, present and future.

Below is the full post

Qualification to be an MP: The Case of Charmine MUSONDA.

A lot has been said about the suitability of the UPND candidate for Chilanga Constituency bye-election, Ms. Charmine Musonda. Moral issues and arguments have been raised and advanced by both opponents and proponents of her within and outside the party including independent analysts.

These moral issues, unfortunately, are not prescribed in the electoral law, the constitution and others laws. Zambia’s electoral laws and Constitution do not prescribe anywhere that divorcees or divorced, a suspected homebreakers, husband or wife snatchers, prostitutes (both males and females) or need those with boyfriends and girlfriends are ineligible to stand in an election save for the certified married couples, pure singles, if any, widowers or widows.

Unless we legislate or introduce a moral clause in our laws as a qualification as we did with Grade 12 clause, the current Constitution does not discriminate or cast aspersion at any aspirant based on morality.

Actually it stipulates and outlines qualifications in clear terms for one to be MP in Article 70 thus “subject to clause (2), a person is eligible to be elected as a Member of Parliament, if that person—(a) is a citizen; (b) is at least twenty-one years old; (d) has obtained, as a minimum academic qualification, a grade twelve certificate or its equivalent; and (e) declares that person’s assets and liabilities, as prescribed. (c) is a registered voter” which Ms. Musonda squarely met.

Under 71 of the Constitution states, “a nomination for election to the National Assembly is valid if the candidate—(a) has paid a prescribed election fee to the Electoral Commission; and (b) is supported by at least fifteen persons registered as voters in the constituency in which the candidate is standing for election” again which Ms. Musonda squarely fulfilled.

From a political party viewpoint, depending on which party one is standing, primaries are held from ward, constituency, and district, provincial and central committees to select candidates which Ms. Musonda respectfully fulfilled and cleared by all organs and emerged a Star. The winner of at all those, structures, especially, the ward primaries, is ideally supposed to be adopted regardless.

However, the practice has been imposition of candidates by central committees on local people which in most cases led to aspirants standing as independents, not on their own volition but because they feel cheated by the party top officials.

Issues of intra-party corruption and bribery have been raised in many political party adoption processes and systems but these cannot be blamed on candidates aspiring in political parties especially that there is inherent weakness in internal anti-corruption, anti-bribery, anti-vote-buying systems. No reports have been issued that one of the aspiring candidates or officials has been disqualified or demoted respectively for engaging into anti-democratic tendencies such as corruption and bribery. This means that political parties are inherently tolerant of such electoral vices.

Therefore, in a morally broken society like ours and in a country where morals are not legislated or prescribed in the laws and where there is no national agreed moral code, it is legally, morally and democratically wrong to cast aspersions at or discriminate Ms. Musonda on her perceived past, present and future.

Each one of us has got a past, present and future save that some of the people’s pasts have not been unearthed. The day these pasts will be unearthed for some people, even the Devil will be surprised and shocked.

Respect the Chilanga grassroots’ decisions and allow Ms. Musonda represent them since she meets all legal and party requirements for being nominated and elected as MP. Congratulations to PF and UPND, for not only adopting women, but for pledging for peaceful campaigns. Congratulations to all other political parties for participating in this bye-elections and breaking the African syndrome of one-party dominant electoral democracy.

Let the Code of Conduct be enforced and adhered to fully by the ECZ and political, media, law enforcement and civic players.

Aluta Continua!!!!!

67 COMMENTS

  1. It’s called a norm … an unwritten rule that aspires to higher standard so you can have a just society

    • Cecilia Kashetu looks natural..not too much mafuta and no stupid Brazilian hair monga ni gunyu masaka like the majority of Zambian women and she is in good shape too

    • Not everything legal is moral and not everything moral is legal. For instance, slavery was legal 400 years ago but that doesn’t make it moral.

      As an example, more than 6 laws makers resigned in the USA in the last 12 months over sexual impropriety, no laws in the US says they should.

      This is weakest argument I have read in a long time. I can shred it to pieces but overall, we have had enough of this fornicator on LT.

      Please showcase other candidates from all parties vying for this seat. Do we have someone from my parte UNIP?

    • B R Mumba, Sr I think LT shouldn’t be referring to him as a civil society leader, otherwise people will be misled into expecting reasonable standards from him. He resigned from FODEP to contest the Siavonga seat under UPND but lost the primaries and was in the bottom half. Clearly, he’s a UPND cadre and we shouldn’t expect much from him AS a public figure. It’s quite disheartening that such people once in the limelight cannot comprehend what a cultural or societal norm is.

    • To put it plainly there is no morality in Zambian politics simple!
      A few people are trying but the majority are just thieves and morally bankrupt id!ots.

    • This UPND Carder also. Yes there could be no law that bars her but the same law aspires to protect society from people with no morals. Firstly flirting with someone’s husband, if well pursued is punishable at law. Secondly, being an accomplice to a crime whether guilty or not and remaining mute over it raises more morals issues. And remember, morality is an important factor in one’s vote. So shut up. UPND has lost this seat period.

    • Let’s keep in mind that we are choosing Law Makers here not husband snatchers. . A Law maker aught to be morally upright. It’s not about who has a lot of money to win the election its about who has the brains to carry out the duties expected of him/her. These are the people once elected to Parliament are always walking out of Parliament without even realizing the consequences of their actions. There’s a of work to develop the country and we have the like minded (morally bankrupt people) always walking out of Parliament. WE NEED SERIOUS PEOPLE NOT PLAYERS! REMEMBER A ‘LEOPARD NEVER CHANGES ITS SPOTS.’ Take them to Parliament and they continue with their bad behaviour.

    • It is only in Africa where you find people with no morals running the affairs of a country. Ba Chipenzi, am very disappointed with you.

    • B R Mumba, Sr, that norm seems to only apply to women because if we had to exam the private lives of the men in office, including the mwine mushi, they would have been disqualified. Some stole clients’ monies, some had (and still have) girlfriends, some misused taxpayers’ contributions, some have used the church for their selfish agendas, others simply fought against the PF revolution in 2011 but have switched sides after their party lost etc. What morality can we talk of even just as a norm? Please, tell me something else …

    • Say that again! B R Mumba, Sr. These so-called political activists; shallow and clueless. I thought Zambia is supposed to be a Christian nation?! Which moral role is above that inherent in this designation??? So,what is this Chipenzi hallucinating about? These shameless jackals!!!

    • WHAT WARPED THINKING IS THIS?
      DOES THE LAW SAY THAT WHEN ONE IS FILING FOR NOMINATIONS THEY SHOULD NOT HAVE SOILED THEMSELVES? OF COURSE NOT.
      COMMON SENSE AND COURT OF PUBLIC OPINION DICTATE

    • Ba Critico … natotela, ala mwalasa. You’re the best, thanks once more.

      Ba Mwana Chinondo … I am one of them men and I can stand tall and say, 27 years I have been married and I can get any woman I want, yellow, brown, red, black or white, you name it and I have the means to. Yet, I have remained faithful as a penguin; so don’t group us all into it. Have I had the opportunity? Countlessly numerous!! Have I taken?? Heck No!!!

      Ba Silent Observer … endita mukwai. You couldn’t have said it better.

      Heaven help us all

    • Mr Mumba it is only a norm for women in Africa and Zambia, men are not judged by the standard you are talking about. Well it is the same women who are standing in Chilanga and like it or not one of them will win and I will support them just like I have supported some home breaker men.

    • Ba Girl Child … you maybe right by referencing Africa but over here the pendulum swings both ways.

      For instance, all the 6 law makers I referenced above from the US Congress and Senate were men and their respective parties asked them to step down.

      Listen, I believe Charmaine has a great personality but morally she is a wreck. That makes her a bad candidate and great candidates win elections.

      She is not going to win; it’s for this reason that Keith didn’t want to marry her because he didn’t trust she would be faithful.

      To him, she was an okay side kick. Once a woman gets that reputation, the rest is history.

  2. Chipenzi as usual a sponsored known UPND sycophant defending UPND. Actions and procedures can be legal but morally unacceptable in a given community

  3. We will soon hear from the Ministry of Religion and National Guidance… they are currently trying to legislate morals and religious behavior… then you have hapless legislators who are concentrating on trivia instead of repealing 18th and 19th Century laws (aftermarket reflectors on modern cars, defamation laws, and so on and so forth).

    • We are discussing something cardinal to our children’s and nations mental health, and you start your own subset, in a different book. We are on this possible Helen(of Troy ) of UPND at the moment.

  4. Mr Chipenzi, it is very sad that you can argue in such a manner. There are many things which are not legislated but society consider them to be unacceptable. In USA, big names both in politics and entertainment industry have tumbled because of moral issues and what more of conservative African societies. I find the basis of your argument very shallow and dangerous at the same time because it is encouraging moral decay.

    • The late senator Edward Kennedy failed to become president because of that incident with a woman called Mary Jo Kopechne.

  5. Reservations and concerns about a national leader whose conduct and character are dubious are justified. The legislator has a critical role to play in national life. For the public to ensure that substantive and representative issues are passed as laws in the country, it is prudent and wise to vote women and men of integrity. Failure to that, the public will view legislation as futile and frivolous. That is the reason why morality is a critical ingredient in politics. reasoning in terms of existing laws when voting bad role models is not the solution. Or are you saying the Christian Nation ideology is a sheer waste of time? I don’t think so. The public is looking for responsible leaders. Responsible leaders are a morally upright. National leaders must stick to the basics. When immoral…

  6. MR CHIPENZI, WE KNOW THAT YOU ARE A UPND CADRE. PLEASE REMEMBER THAT SOMETHING CAN BE LEGALLY RIGHT BUT MORALLY WRONG. INDEED SHE MAY BE STANDING ON A STRONG LEGAL PLATFORM CONSTITUTIONALLY, BUT MORALLY SHE IS CORRUPT, INEPT AND IMMORAL. IT IS UP TO THE VOTERS AND WHAT THEY STAND FOR. MORAL UPRIGHTNESS OR LEGAL UPRIGHTNESS. OR IS IT LEGAL UPRIGHTNESS TO THE EXCLUSION OF MORAL UPRIGHTNESS OR VICE VERSA. AND MORALITY IS DEFINED BY A NUMBER OF THINGS EG CULTURE, RELIGION, FAITH, BELIEFS ETC. FOR SURE DURING CAMPAIGNS SHE WILL RECEIVE A BASHING FROM HER OPPONENTS REGARDING HER MORAL STANDING.

    • Morality superceeds law and where there are no morals law will suffer in the end. Morality and love are the parents of law.

  7. I strongly feel this was a set up by UPND to get rid of Mukata for not obeying HH and Musonda is simply being rewarded for having successfully accomplished the task. Nothing else. But lets wait and see if evil will triumph over good.

  8. The court of public opinion judges moral decay harshly. So if you have no morals chipenzi, it does not mean we allow that. The mukata concubine is viewed as a prostitute, home breaker, murder accomplice and the public detest such. SIMPLE

  9. Chipenzi tonga for a big problem accurately describes Macdonald. Madonald once worked for the post newspaper but was fired for spying for the UPND

  10. What have yo men and women of “integrity” done in the last 54 years bafancuro? not even KK was spared – a People that hails “free bunga-bunga” from prostatutes just be’cos Zambia won Afcon 2012 has no Moral higher ground here. Chipenzi is just Clearing the air as to what the material Facts are. YOUR HALLOWED MORAL APOSTLES IN THE WEST ONLY RESIGN WHEN EXPOSED! Panama papers, Marylin Monroe, Camila, Zuma-gamy, Mswatilism, Pule-gamism…ist endless !! Watch Trump bobbing ‘n weaving you sychophantisists !! Leave Chipenzi alone mwebafigololo as chief figololist MCS would put it…eeish what a Country, stuck in a rut riding dead horses 54 years Long! He cites you the paragraphs for god’s sake – STICK TO THE FACTS!!

    • @10.1 legal provisions are NOT Moral, but a reflection of the Moral slant of a Society, kwasila. Yo probably too Young to know of the “tribulations” of one Mama Betty( God bless her Soul ), or the last zambian foe-nicator GM at Nchanga. Chipenzi does u a favour by stating verbatim what the laws of the land say – NO! the bit between yo teeth keeps niggling: THE GUILTY ARE AFRAID, QED. get a Job bambo, eish !!

  11. The reasoning in Mr Chipenzi’s argument is ok. But the timing is poor. This was supposed to come as an analysis of why Charmaine has wone.

  12. Chipenzi is Upnd full stop. It’s not about law but how such a person will be perceived by society. Just as there’s no law against getting pregnant out of wedlock but very shameful for the parents of a daughter who’s always getting pregnant without a husband. In the first place who asked for this chipmunk’s opinion?

    • A law AGAINST pregnancy outside marriage?! what sychophant planet have you crept from?!! same type of vermin that ululates christenhood and never think-over the australian Police Action to Charge the vatican cardinal or why the Pope is exuding apologies left-right and Center!! warp-minded indeed !!

  13. Through culture and education (not academic), morals are inculcated and enforced to the next generation. Africa has substituted this fundamental instruction with academic education which has become a standard for everything. As long as people have a degree or more, they assume they are immune to cultural scrutiny and morality. The west, Asians, South Americans have preserved these attributes and is the reason they are highly successful today, their attitude to life supersedes us Africans who have diluted ours and want to exploit our fellow Africans at every opportunity like McDonald here. It’s really sad; The very people the underprivileged, unexposed and uneducated masses look up to are in the forefront shredding our moral fibre.

  14. I can t believe we have fellow citizens looking down on ethical leadership for political expediency.
    In the Preamble of our Constitution on page 19,we DECLARE the republic a Christian Nation.
    So how can we afford to look away when our declaration is being tested?
    Like someone above said ,this is dangerous…. extremely dangerous and ‘gunyu masaka’ behaviour being exhibited by Chipenzi and UPND.
    How low are they willing to go when they already promising ‘bit of force’ ?

  15. I know PF has somewhat failed the people of Zambia but I now feel Upnd has outdone PF even before they are in government. It’s a question of the devil you know.

    • bwana you can’t have morals without a legal Framework as the fabric – Forget it ! Remember what happened when your Jesus dared the morality demagogues – may he who has NOT SINNED throw the first Stone? Don’t overlord other human-beings, THAT IS IMMORAL; Even God has no sympathy for the Devil, but he lets him live still; remeber ADULTERY is a Derivate of ADULT.

  16. ati husband snatcher lol. In a country were polygamy is LAWFUL. Until such a time when the law will be changed things will look normal. First step is to forbid polygamy and make this unlawful. Polygamy makes the committing of adultery, having girl/boyfriends, sleeping with prostitutes look normal
    This needs to be changed like in many other countries

    • Abena Lukanga fimo fimo … I would have actually lived and loved a society that was more open about polygamy than the highest levels of hypocrisy that is prevalent and leads to nothing but infidelity.

      I personally think, it was for this same reason that God tolerated it; not a perfect original plan but open and everyone involved is agreeable.

      Abraham, David, Solomon, Jacob and many of the 39 Kings were and so were their subjects in the Bible.

      Our current scenario is the penguin style unless, you are divorced such things are an anathema.

  17. And the watchdog is full throttle on propaganda which makes the impending by election a potential hotspot for violence.

  18. Alternative Facts Fake News S**thole Countries Social Mobility Chinese Zambia Police Reservists Alternative Facts Fake News S**thole Countries Social Mobility Chinese Zambia Police Reservists

    Oh dear! Unbelievable, simply unbelievable! I thought this dude was clever… that’s the weakest and dumbest argument to make for a candidate vying for political office in a constitutionally enshrined Christian nation like Zambia. His latter argument about being voted by the party grassroots actually makes more sense than this ‘morality’ stnpid justification.

    Has this guy heard the phrase like: “must resign on moral grounds”. If there is the most important qualification for a politician, it is things like morals, principles, integrity, ethics. And by morals I don’t mean the hypocrisy of many Zambians.

    What he doesn’t realise is he has just taken away his entire party’s criticism of the PF. How would he criticize them when they ‘legally’ accumulate riches at the expense of…

  19. Alternative Facts Fake News S**thole Countries Social Mobility Chinese Zambia Police Reservists Alternative Facts Fake News S**thole Countries Social Mobility Chinese Zambia Police Reservists

    …What he doesn’t realise is he has just taken away his entire party’s criticism ‘talking points’ against the PF. How would he criticize them when they ‘legally’ accumulate riches at the expense of the majority poor, e.g. the president increasing his salary by 500%?

    I think the more they try to defend this woman, the harder they are making things worse for her. They should just focus on issues as they won’t win the morals argument. Not that the PF have any morally upright people anyway… a bunch of corrupt thieves have no morals to talk about. Politics in Zambia has really gone to the dogs.

  20. I AM VERY DISAPPOINTED WITH MR CHIPENZI FOR ISSUING SUCH A RECKLESSNESS STATEMENT. ESPECIALLY THAT YOU CALL YOURSELF A “CIVIC LEADER” . IN THE ZAMBIAN CONSTITUTION ARTICLES 8 AND 9 IT IS ENSHRINED THAT:
    8. The national values and principles are—
    (a) morality and ethics;
    (d) social justice,
    (e)Integrity
    9. (1) The national values and principles shall apply to the —
    (a) interpretation of this Constitution;
    (b) enactment and interpretation of the law; and
    (c) development and implementation of State policy.
    IN ADDITION, THE ZAMBIAN GOVERNMENT CODE OF ETHICS ESPOUSES THAT ETHICS ARE BROAD PRINCIPLES OF CORE VALUES AND BEHAVIOURAL STANDARDS THAT CALL FOR A HIGH LEVEL OF
    ETHICAL CONDUCT. AND THE CORE VALUES OF THESE ETHICS ARE: INTEGRITY, HONESTY, OBJECTIVITY, IMPARTIALITY,…

  21. Even if there was no law about one’s morality regarding contesting a political position, one’s conscience should be able to discourage them from attempting to contest. Some people are better off to lead a quiet life after being involved in such scandals

  22. By the way having more than one spouse whether woman or man is against the law but no one seems to take note of this. We can “marry ” as many people as you want. Comparing a man to a woman isn’t normal. ..can you imagine a woman sleeping with several “husbands ” how are you going to tell who the father is?. These are basic questions on morality.

  23. What if Mukata is actually innocent maybe some one did kill the man and now upnd have no choice??????????????? this is as simple as 1+ 1
    it’s called time to pay back

  24. I hear all of you on this morality issue but for me my issue is Given Lubinda,and this is a minister who says he was waiting for submissions from stakeholders so that he could work on the much abused Public Order Act by Police. Surely, do you require submissions to sort out the public order act. This is a very simple issue, you don’t require submissions bwana, all you need is to tell Police to stop assuming powers they don’t have. Simply do the needful, for how long are you going to pretend to be clever. The Police don’t have any powers under the law whatsoever to permit or not to permit, what is difficult pamene apa

  25. @Altenative Facts Fake News…..Good points you make there. Them defending Charm is what they will keep doing until last day. She is such easy meat for this election. This logic is unbelievable. Chipenzi should have kept very quiet if he had nothing reasonable to say.

  26. How we condemn Charmaine makes me wonder weather we are okay in our heads. Am not sure which MP we have right now is clean? Most of them are busy shugging these kids at unza and taking over marriages. So forget about morality. Next question is can she deliver? If Iris can a huge support behind her…how about this young lady we are told was acquitted. What does acquittal mean? Iye…awe these stone throwers! Kano ngani bena.

  27. It is up to the electorate to decide what counts as moral. In Zambia having a side chick is the norm, every man has one even what you think are morally upright pastors. King Solomon has 600 wifes and 300 concubines, what is one side chick?

  28. STOP USING OUR TRIBE TO THINK…..YES SHE IS LEGALLY FREE TO STAND…BUT WHERE IS MORALITY…

  29. Please dont look at this article with a party position in mind. As a non partisan, I agree with Chipenzi because if Zambia was a moral upright country, Edger Chagwa Lungu wouldn’t have been a president. Just a reminder. He stole his clients money. Ba Chipenzi you are 100% right on this one.

  30. Don’t blame Chipenzi and all those with different views.Be disappointed with yourselves for wanting Zambians embrace pf,a party of criminals and economic plunderers who yesterday were drinking kachasu but are drinking champagne today.

    • *CELEBRATING OR REGRETTING UPND’S 20 YEARS EXISTENCE*

      …_They sold the soul to the devil: it’s now deliver the country or your soul_

      By Mweemba Habazoka

      The United Party for National Development (UPND) was formed in December 1998. The Party turns 20 years old in December 2018. Today its desperation has reached an all-time high because time is running out for them to either deliver the country or their soul. The patience of their 20-year-old-financiers have continued to wear thin and thin by the failure of the party to deliver as per their promise despite the financiers’ unwavering financial commitments that resulted in its leaders’ immense wealth which they stand to lose as per deal they signed almost 22 years ago in the run up to infamous privatisation exercise in Zambia. The…

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