Home Affairs Minister Stephen Kampyongo has said that Constitutional Lawyer John Sangwa will not decide for patriotic Front (PF) who should be its Presidential candidate for 2021 General Election because the party has already resolved that President Edgar Lungu will be its candidate for 2021, after the 2018 Constitutional Court ruling on his eligibility case.
Responding to questions from the media at the PF interactive forum, the Minister explained that the party was aware of dark corner meetings from some opposition political parties on the candidature of its Party President Edgar Lungu, but advised the political parties to prepare themselves for its candidate rather than focusing on his eligibility.
Weighing in on the eligibility issues, The part’s Media Director Sunday Chanda said that PF was aware that the Law Association of Zambia(LAZ) is planning to stop it’s Party PresidentEdgar Lungu from filing his nominations in the 2021 General election’s.
Mr. Chanda said LAZ will not distract the party in any way.
Last Week, LAZ President Eddie Mwitwa said that the Association intends to approach the Constitutional Court to ask it to determine the eligibility of the candidates that will be floated by the various political parties for the 2021 general Elections, while insisting that the Constitutional Court did not declare President Edgar Lungu eligible to stand in the 2021 general election, contrary to assertions that they did, adding that the controversial question relating to President Lungu’s eligibility was not yet over and that Constitutional lawyer John Sangwa, State Counsel, was right to say that the matter could still be appealed in the Constitutional Court.
Mr. Mwitwa said that when the elections are nearing, the parties have nominated their candidates, LAZ will go back to the constitutional court.
“When the elections are nearing and nominations are filed, there will still be an opportunity to ask the Constitutional Court to determine the eligibility of the candidates that will be floated by the various political parties. It is not a dead-end; it is a matter that can still be revived. Remember that the President himself, President Edgar Lungu, was not a party to that particular action. So, there is an opportunity to take that to the Constitutional Court on the question of his eligibility when he files in his nomination to stand for President in 2021.”
Mr. Mwitwa further said that the December 7, 2018, ConCourt ruling did not interpret specifically President Lungu’s eligibility to stand for a third-successive time at next year’s crucial election.
Who is the UPND 2021 candidat Is it still Kainde who can’t work with any Vice President?
Kainde has no Running mate. disqualified!
Sangwa is a small boy who is been used by evil agents. Repent young man.we all agree that his excellency ec lungu will take us into these elections. Nomba ulefwaya tubikepo wiso?
Its simple chaps like Stephen Kampyongo who stand to lose if the likes of the lazybone Lungu are disqualified as he will spend Monday to Friday in courts …these chaps and dull cadres like above don’t see the importance of a constitution. He is there making comparisons with an opposition leader, is all you think about is your fooolish Hakiande? People are debating about specific clauses in the constitution you are talking about something insignificant
LAZ leadership is highly compromised and is a danger to the country Zambia…
Fwanya – No your ignorance is a danger to the country if you think this statement makes sense. He is saying PF is bigger than your constitution and you are clapping like an imbecile. Sangwa already pointed out how far Concourt went in passing judgement and backed it up.
“….Kampyongo has said that Constitutional Lawyer… will not decide for PF who should be its Presidential candidate for 2021 General Election because the party has already resolved that President Edgar Lungu will be its candidate for 2021, after the 2018 Constitutional Court ruling on his eligibility case.
Is it that no one is allowed to challenge lungu for the PF presidency ??
Is PF a dictator party for Alpha and omega lungu. ???
Our president should not extract an intended element of loyalty by the statement from this Minister.
I trust the Head of State now has his eyes very wide open, very very wide open.
The Lord bless Zambia
So then why even go for the convention in July?
Fyanta mbuzi. Woodlands police station is waiting. Clock is ticking. Musiyeni Azalila
Kampyongo and Chanda is they any article in our constitution which allows someone to stand 3times?kaiza is not what you have agreed with your party to fielding Edgar lungu no, this matter is beyond party matter,but it is the national matter.The problem of that pf forum you had kachaso journalists who can not ask strong questions.
Want to talk about dictators, then talk about that demigod who has lost elections five times but is still going to run. Our party is in support of his excellency. We have never stopped anyone from challenging his leadership. If you think you can do better then step up. I work with whoever’s stands for our party. My loyalty is to the leadership. Kz
Chiluba was more honest in his third term bid than ECL! At least he was going to engage Zambians through a Referendum. Chiluba can be excused but also praised that despite him not being a Lawyer, he was very honest about what the Constitution provided for at the time! The other good thing about Chiluba was he had the wisdom and foresight to back down on his schemes and put the country first! We have also not forgotten how the PF founder was the rabble-rouser and demagogue during the Third-term campaign and much to his disappointment, another bombshell was dropped on him when an unlikely successor was named. That was the beginning of what we have come to know as unpatriotic Front party. It has been unpatriotic from its inception! Fast forwarding to 2019-2020, the nation has again been…
Fast forwarding to 2019-2020, the nation has again been bogged down in another but more pernicious Third-term debate where lives are even lost in schemes to want to hold on to power. What
is unfortunate today is we have someone who claims to be a Lawyer trying to bend the Law to suit his Lawlessness! He is energized by the poor reading culture of Zambians who can’t take time to read for themselves what the Constitution is saying and what the Constitutional Court Judgement was on ECL’S eligibility to stand in 2021. The following must be clearly understood:
1. The Concourt NEVER made a ruling on ECL’S eligibility. Go to the court Registry and get a copy of the judgement and read for yourself!
2. Read the changes in the wording of the Constitution following the 2016 Amendments. Zambians…
Zambians decided that it was expensive to hold bye-elections each time a sitting president dies or resigns. We came up with the concept of running mate to be sworn in should the incumbent cease to function in the office of president. In the previous Constitution, one could ONLY be ELECTED to office of president. Hence the language in the old Constitution was one who is ELECTED TWICE, was not eligible to stand again. In the new Constitution of 2016, the language changed to HOLDING of OFFICE TWICE given now that you have two ways to ascend to President office, i.e. through an election or being sworn in as running mate to take over!
Now, president Lungu has been elected twice and has held office twice. Under the previous and present Constitutions, he is not eligible to be elected for the…
Under the previous and present Constitutions, he is not eligible to be elected for the third time or to hold office for the third time! Period! The danger with that is he’ll be in breach of the Constitution by staying in office beyond 10 years which is the maximum number of years you can serve continuously as president! If ECL wanted to serve two 5 year terms, he should not have stood in 2015 during the bye-election. He should have opted to stand in 2016, then he would be eligible to get elected for the second and final term in 2021. Unfortunately, he has been elected twice already and deemed to have HELD OFFICE TWICE or SWORN IN TWICE!
The amended Constitution did not leave things hanging for the running mate situation. This is where term limits are clearly defined for a running mate…
This is where term limits are clearly defined for a running mate. Remember that when ECL stood for bye- elections in 2015, he was not a running mate but a Presidential candidate!
The new Constitution has provided enough guidelines how to interpret the Running mate situation. It puts a cutt-off of three years. If at a time a running mate is sworn in, there is three or more years to serve as president before the end of the term of office he or she is taking over, they will be deemed to have served a full term and therefore held office. Remember that a full term is 5 years and half a term is 2.5 years, and 3 years limit is generous provision for a running mate who takes over. If the running mate does not want a term of 3 years to count, they can opt out and stand during the next general…
If the running mate does not want a term of 3 years to count, they can opt out and stand during the next general election. On the other hand, if a running mate who is taking over the function of president has less than 3 years to go, that term does not count because it is less than 3 years minimum prescribed by the Constitution! The reason the 3 years minimum is reserved for running mate and not for Presidential candidate is to avoid abuse. Imagine a sitting president ruling for 2 years and 11 months and decides to resign because they want to be eligible for future elections? That is a recipe for anarchy!
Thus, we can see where the confusion is coming from in the PF camp. They are confusing provisions for a running mate with those of a presidential candidate. In 2015, ECL was not taking…
They are confusing provisions for a running mate with those of a presidential candidate. In 2015, ECL was not taking over as running mate and the elections then had no provisions for running mate. The running mate issue came into effect when he signed the new Constitution into Law with his eyes closed! I remember how General Miyanda warned ECL not to sign the Constitution with his eyes closed. Here we are now. The Constitution has caught up with ECL.
Our Constitution does not allow anyone to be president continuously for more than 10 years! We said NO to Wamuyayas! Wise and good leaders are good READERS and have a teachable spirit! No Third term bane!
KZ
Why does anyone who shows PF and presidential ambitions get attacked by lungus rabbid dogs if this is not a dictator ship ??
@Advocate wasosa, Unpatriotic Front party indeed there is a price to pay for this level of deceitfulness and it shall be paid.
Let us not misuse the word attack. Its political competitiveness which is healthy for a democratic party. The fact that we have had people stand up to contest shows the confidence party members have in our democratic party. This is unlike the upnd which has ordered that no one else apart from Tonga will rule upnd. And they are just proving this because the same tonga has run five times and failed. So where does he get the endorsement and backing of party constitution to do so ? It’s a tribal constitution. Zambian will never accept that. Kz
I think from what I have read, PF should start looking for another candidate. This insistence will only cause problems for the support base of PF. The ‘muzungu ani konde’ mentally of trying to please the President is instead damaging his reputation
He is behaving like sata during Chiluba third term debate hoping to be appointed
Its only a person who knows his going to loose a fight will fill intimidated by the presence of the opponent
No one has been allowed to contest PF leader ship, they can be allowed to think it but not expresse it publicly , if they do they are attacked or sacked or intimidated.
A popular leader invites inter party elections to prove his popularity, not this alpha and omega crap
Maybe someone needs to explain to Kainyo Zulu what “HOLDING of OFFICE TWICE” means in Tumbuka and Nsenga! I mean, the chap was a mere lab technician at Chelston Clinic where he contracted Coronavirus that demented him! These things need to be explained to him in his indigenous vernacular for him to understand.
Maybe someone needs to explain to Kainyo Zulu what “HOLDING of OFFICE TWICE” means in Tumbuka and Nsenga! I mean, the chap was a mere lab technician at Chelston Clinic where he contracted Coronavirus that demented him! These things need to be explained to him in his indigenous vernacular for him to understand!!!
LT reported the concourt decision thus;
Citing……..
‘The Constitutional Court has ruled that President Edgar Lungu is eligible to contest the 2021 General Elections.The court in its Judgement says the Presidential tenure from 25th January 2015 to 13th September 2016 does not constitute a full term of office.The constitutional Court has relied on articles 106 sub-article one and article 106 sub-article six of the 2016 constitution.
The Constitutional Court noted that article 106 sub article three cannot be interpreted in isolation to other articles in the constitution.Court President Hilda Chibomba sitting with other Constitutional Court judges read the judgement.She dismissed the arguments by interested parties that President Lungu is not eligible for election as president.’
Citing……’Court President Hilda Chibomba sitting with other Constitutional Court judges dismissed the arguments by interested parties that President Lungu is not eligible for election as president.
The interested parties were United Party for National Development -UPND and the Law Association of Zambia -LAZ.Meanwhile the Constitutional Court noted that the applicants must have personalized the matter by attaching President Lungu’s name to the application.’
It’s clear the matter has been cleared and @advocate and laz-y, UPND/opposition are busy creating a stressful environment for citizens on d again as is their gameplay. WAS THIS ARTICLE BY LT FAKE NEWS?
We have a list of people to sort out after 2021.
Kaiser Zulu is on top with Kampyongo
Pray hard that your gods deliver you from the wrath that is coming.
Thank you lawyer Sangwa, keep exposing this foolishness of PF. Thank God the writings are there for everyone to see and examine for themselves. Lungu will be breaking the law going for a third term no matter how PF cadres try to justify it. A wrong is a wrong and the party is better fielding a different person than Lungu. The constitution has no provision allowing someone to be sworn in three times and it clearly states two times with no mention of a partial term.
Thank you lawyer Sangwa, keep exposing this foolishness of PF. Thank God the writings are there for everyone to see and examine for themselves. Lungu will be breaking the law going for a third term no matter how PF cadres try to justify it. A wrong is a wrong and the party is better fielding a different person than Lungu. The constitution has no provision allowing someone to be sworn in three times and it clearly states two times with no mention of a partial term
For the sake of peace and the Economy, let this matter be taken back to the Concourt for clarification and determination the same way it was done with the issue of how much Ministers are supposed to pay back the money they earned after dissolution of Parliament! Otherwise this debate will rage on endlessly and the losers will be the Economy and Zambians! How I wish this Eligibility debate was on the Economy! What we should be focusing on right now is our dying Economy! The Corona virus has created opportunities that we are not taking advantage of! Oil prices have crashed on the world market! Why doesn’t the government give us a break by reducing fuel pump prices to help stimulate the economy and bring commodity prices down? The banks should also consider cutting down interest rates.
Chiluba tried a third term but was sensible to not proceed with it. Not Sure if Lungu is capable of making a reasoned judgement, considering his unprecedented incompetence, lack of vision and drive and ability to govern for all Zambians. Why Should Zambians accept that a president can be in power for more than 2 terms. This will set a precedent, where a president who fails to perform and is impeached for instance, the President who takes over will claim that it was not my term and therefore, I will stand again until I successfully run on my own name. Like Kalusha Bwalya whith graft accusations to his name, ECL should sense the mood of the country and do the right thing and face court immediately the new president is sworn in.
KZ have u read the constitution especially article 105 and 106 and have u also read the con court judgement honestly what is ur take on the same just be honest
@Sakala. He cannot read. He was a lab technician at Chelston clinic doing a very useful job, I might say. He became so big headed that he would draw a gun, beat people up at will,…etc. All Zambians know this and we are waiting for him at the corner. We also know that PF and its government are protecting him.
Losing 2021 with Lungu is your choice Mr Kampyongo, entirely up to you, no one will force it on you.
Rupiah Banda only served as Republican President for 2 years, 10 months, 22 days(2 November 2008-23 September 2011) but he was paid his full terminal benefits. Going by Makeni Zulu’s argument, it means RB never HELD OFFICE of President and was and is still entitled to two 5 year terms of office! It also follows that the Courts were wrong to block RB from standing when he wanted to! Do you see how inconsistent the law is applied?
How was RB entitled to full presidential benefits if he did not serve or HOLD OFFICE for a full term?..The answer is that he was ELECTED into office as PRESIDENTIAL Candidate and not as RUNNING MATE!
The three year cut off in the 2016 Constitution Article 106 (6) applies to a RUNNING MATE! ECL was not elected as RUNNING MATE in 2015 but as PRESIDENTIAL…
The three year cut off in the 2016 Constitution Article 106 (6) applies to a RUNNING MATE! ECL was not elected as RUNNING MATE in 2015 but as PRESIDENTIAL Candidate!
@ Advocate We can’t agree more that what you have belaboured. You have presented a classical FORENSIC RHETORICAL ARGUMENT which any one ordinary Zambian, even without any legal background will easily understand the position of Lungu’s eligibility in 2021. The critical state of affairs is that president Edgar Lungu does not qualify to stand as a candidate for 2021. This backed by his past and current tenure in office and by legal requirements HE DOES NOT QUALIFY TO STAND FOR A THIRD TIME. Let the Zambian law be respected and that Zambia is bigger than one person.
PAY RETIREES. TIME BOMB. IF U DONT PAY THIS MASS GROUP. THEN ECL AND PF FORGET 2021. WE WILL FORGET YOU.
Yaba….at the rate things are moving i can safely say Pf is winning the 2021 general election, upnd has been hammered in their Mongu bedroom during by elections,just look at the results People are more interested in development which the Pf government is doing,keep on talking
Schools done,roads done,hospitals done etc ….wow for the first time in the history of this country, that heart surgery and kidney transplant is been done here in Zambia,And you think ba under5 a party without a manifesto can form government…you are joking
HOME WORK
How many campanies have been restored by the pf government , that hh and his friends sold?
Kampyongo is dull, a danderhead and must go to hell. Mr Edgar Lungu doesn’t qualify to stand as Zambia’s President 2021. irrespective of what PF feels or decides but he doesn’t qualify. SC John Sangwa’s Interpretation of Article 106 is correct