By Peter Sinkamba
When the debate on eligibility commenced last year, I held a view that President Lungu was eligible to contest the next elections.
As was reported in the Lusaka Times issue of 15th January, 2017, my key arguments were anchored on the following point:
(1) Although Article 106(3) prevents a person who has twice held the office of President from standing again for that office, there is an exemption under Article 106(6)(b) that would make President Lungu eligible to run again
(2) Article 106(6)(b) states that a person who was elected to the office of President shall only be deemed to have served a “term” if he served for three or more year
(3) President Lungu only served for 18 months and did not therefore complete a “term”Under Article 106(1) of the constitution, as a term of office lasts 5 years.
This is almost exactly what the Constitutional Court has stated too in its judgment. So I feel somewhat vindicated.
To argue that “holding office” is defined as “being sworn-in and serving until the next person is sworn-in as President”, is obviously misleading. Such an argument is flawed in the sense that if one resigns or dies during the first term of office, then that person cannot be said to have “held office” of the President, for he would not have held office until the next person is sworn-in. For example, it would be grossly erroneous, under lexical semantics, to argue that the Late President Michael Sata NEVER “held Office” of President simply because he did not serve until the next person (Mr. Lungu) was sworn-in as President. It could also be grossly erroneous to argue that the Late President Levy Mwanawasa NEVER “held Office” of President simply because he died before the next person (Mr. Rupiah Banda) was sworn-in as President.
If “holding office” is defined as “being sworn-in and serving until the next person is sworn-in as President”, then it means President Lungu is yet to hold office because no next person has yet been sworn-in as President after he himself was sworn-in as President in 2015 and 2016. He remains the same person sworn-in in 2015 and 2016 until 2021.
I think that the Constitutional Court decision is sound because it is premised on “serving term of office” rather than “the swearing-in of next person” or indeed “number of times that someone has acted in office of the president regardless the number of days”.
The latter, which is premised on the number of time that someone has acted in the office of the president, is so flawed that people like Vice President Inonge Wina and Defence Minister Davies Chama who have acted in the office of the president for two or more times would automatically be ineligible to contest presidency, even if the period in which they acted is cumulatively for less than 10 days!!!!!!
It places persons like Hon Mwanakatwe on the line of ineligibility if given one more chance to act a president.
Such a law would definitely be fundamentally wrong.
President Lungu is eligible to contest in 2021, A response to Elias Chipimo Jnr
President Lungu is eligible to contest in 2021, A response to Elias Chipimo Jnr
President Sinkamba is always sensible, even his criticism is always senseable.
If i where president Lungu, i will positively utilise the wisdom of president Sinkamba in any way possible.
The better deal the opposition should have pressed for is to beat the incumbent at the ballot box, in a free and fair election – something that is rare in Zambia.
Upnd will comment in due time. As far as upnd is concerned any one sworn in office has served a full term. Even their hh is calling it a 3rd term for Lungu. Only in upnd party one can serve forever without anyone questioning or without regard to their constitution. They say because we love hh so he can continue standing as upnd candidate. But does the constitution say? Ubukopo at it’s best. They say show me the party you belong to and l will tell you your level of wisdom.
I love Chipimo as a friend but his analysis here is a bunch of hogwash. His dad would be disappointed if he heard his son speak today.
Something happened to him between 2009 and 2015 and somehow he is not the same Elias I once knew … I am saddened at my loss of someone who could have contributed more to civility but chose to interpret laws subjectively.
His person stock has lost so much value and he will go in history as someone who could have been, should have been and would have been!!!
What a brilliant loss … Heaven help us all.
Sinkamba when you H-are not smoking you are rational compared to the tribal guru HAKAINDE HICHILEMA. He thinks TRIBE first then ISSUE second. He wears blinders stained by cow manure and TRIBALISM. He cannot interpret even straightforward cases and he thinks he can be a president! What a boy!
Well-reasoned argument by President Sinkamba. If President Lungu chooses to contest in 2021 that is not 3rd term. Even in the US, that not 3rd term. Take the case of Lyndon Johnson who was Vice President under President John F. Kennedy. When Kennedy was assassinated in 1963, two years into his term, he was succeeded by Lyndon Johnson. Johnson finished Kennedy’s the term in 1965 and was then reelected. He is among the favorite presidents for his notable achievements during his term such as passing many civil rights and gun control laws and more. Though he was eligible to contest again and be president for the third time, he declined. He not that he was stopped by the two-term provision. It did not apply to him. The key word is “term”. Whose term did President Lungu serve between 2015…
…….. The key word is “term”. Whose term did President Lungu serve between 2015 and 2016? Simple answer is President Sata’s term.
If president Edgar Lungu can stand tall in a free and fair election, then he deserves to be president for another five years. The trouble is that he will rig the way he has always rigged. And that is not democracy.
Irrational MAD COW DISEASE at work.
Sinkamba gives sound opposition.
We would be lucky to have our President soon.
I feel he should do more grassroots work to get more members.
I also humbly ask him to share what he smokes with ECL
Conversely, if Haakainde Hichilema fails, in a free and fair election, to beat president Edgar Lungu at the ballot box, then he is not eligible to be president. The trouble is, he has walloped him fair and square, even when the election was neither free nor fair. So bad it was, the ConCourt had to play an ugly wild card, just so he wins by hook and crook. He did, much to our displeasure.
Upnd will comment in due time. As far as upnd is concerned any one sworn in office has served a full term. Even their hh is calling it a 3rd term for Lungu. Only in upnd party one can serve forever without anyone questioning or without regard to their constitution. They say because we love hh so he can continue standing as upnd candidate. But does the constitution say? Ubukopo at it’s best. They say show me the party you belong to and l will tell you your level of wisdom.
Kateule? Niye Kuti bwanji? A Bemba nao niofunta mwe! Iwe Kateule tell us what your crazy name means
He’s not gonna share that smoke with a bombaklaat
I laughed when one Upnd blogger omitted 106 (6) from his posting. Reason is simple. ..he knows Zambians are too lazy to read especially voluminous articles like the constitution. But that is like calling 21hrs as early morning. Enough said.
A Political judgement
Logic at its best ! You are the best politician of the year 2018. I like the seriousness with which you apply your mind to reasoning, un like the empty talkers whose Sore language is threats, insults and tall talk. You are next after Edgar, you are soud in mind. We don’t want impelwa Mano mu state house.
If HH was this level-headed, i would vote for him for the first time.
SINKAMBA STOP DEMEANING YOURSELF….WE ALL NEW THE SYSTEM WAS COMPROMISED BUT IT WAS NOT IN OUR INTEREST TO STAND STRONG BEHIND A CORRUPTED SYSTEM LIKE YOU DID…
Brother Kay1 read this Article
2) Article 106(6)(b) states that a person who was elected to the office of President shall only be deemed to have served a “term” if he served for three or more year
Brother chisanga this article covers a running mate as in VP….The subject is not available here…president Lungu was not a running mate for sata….we have a problem which needs a permanent solution……