By Sean Tembo – PeP President
1. I must start by making it very clear that l am not a lawyer by profession and neither am l a law student nor do l aspire to be a lawyer one day. No. On the contrary, l am a proud Chartered Accountant. However, l am not shy to publicly state that l understand the law; both it’s theories and application. I have been undertaking an informal study of the law for more than two decades now. In the recent past, l have represented myself in court five times; three times in the Magistrates Court, once in the High Court and once in the Constitutional Court, and l have won my cases in every single instance. Therefore, despite not being a lawyer, l believe that l am qualified to comment on the issue of the eligibility or otherwise of President Lungu to recontest the presidency in the 2021 general elections.
2. As an ice breaker, let me start by declaring interest that l am not a big fan of President Lungu. My beef with the President is threefold. Firstly, l think he is incompetent and has failed to assemble an appropriate team of professionals to deliver on the economy, as he prefers bootlickers who are only specialized as singing unwarranted praises for him. Secondly, l believe that President Lungu promotes the breakdown in the rule of law where PF cadres have become more powerful than either the police or the army, and they can get away with daylight murder without any consequences whatsoever. Thirdly, l believe that President Lungu specializes in abusing state institutions to fix his political opponents, especially rising political challengers like myself. More like the policy of Pharaoh when Moses was born in Egypt; to drown all boy Hebrew children for fear that they might grow into men and topple him!! A scorched earth policy if you like.
3. However, despite my dislike for President Lungu outlined above, it will not affect my assessment of whether, based on existing provisions of the Republican Constitution and based on the judgment of the Constitutional Court in the Pule et al case, Mr. Lungu is eligible for re-election as President of the Republic of Zambia in the upcoming general election next year.
4. I believe that article 106 of the Constitution, in its totality, is very instructive on this issue of eligibility. The intention of the legislature in 106(6) is unmistakable in that it wanted a person who has served a partial term of fewer than 3 years to be eligible to serve two additional terms of 5 years each, and a person who has served a partial term of 3 years or more to be eligible to serve only one additional full term of 5 years. The argument that Article 106(5)(a) applies only to someone who ascends to the presidency after being Vice President does not hold water because article 106(5)(b) provides for someone who ascends to the presidency without having been a Vice President. Therefore, based on the 2016 amended Constitution, President Lungu is eligible to stand as Republican President in 2021.
5. However, my view is that the judgment of the Constitutional Court in the Dan Pule matter did not use the right wording in that it was talking about whether the President held two full terms. However, the focus and prequalification imposed by the Constitution in article 106(3) are “twice holding office” and not “serving two full terms” and the Constitution itself in Article 106(5) is clear that a person can “twice hold office” without necessarily serving “two full terms”. Therefore, the determination by the Constitutional Court that a person who was sworn in on 25th January 2015 and served until 24th September 2016 cannot be considered to have served “two full terms” is unnecessary. To use the language of the Constitutional Court itself, that determination is otiose. What the Constitutional Court should have said is that a person who served as President from 25th January 2015 to 24th September 2016 cannot be considered to have “held office” as per definition of “holding office” outlined in article 106(6).
6. Other than this lacuna of using the term “two full terms” instead of the term “twice held office” in their judgment, l agree with the judgment of the Constitutional Court insofar as it is based on the 2016 amended constitution. Therefore, it is my considered view that Mr. Lungu is eligible to stand again as Republican President in the 2021 general election. The intention of the legislature in article 106 of the Republican Constitution is unmistakable.
Opinions, opinions and opinions.
Why can’t everyone just wait for 2021.
So if am president and resign in the 4th year 11 months, I can stand again next election for my first term because I didn’t hold office for a full term…i can keep doing this forever as long people can vote for me or I can rig elections thus I can be President of Zambia forever
If i committed a crime and that crime carries a sentence of five years and then i serve four years and then the law on that crime changes from five years to twelve years will i be told to serve another eight years or it will be for those that will commit a smilar crime going forward.
we shall wait indeed until Lungu Files his nomination ….then the matter will be settled. but let us not forget that Lungu already warned judges not to be adventurous with their rulings alleging such will drive the country into Chaos….. well the gassing has already given us a small Taste! Over 50 people already dead. Dont mess with Lungu
Was Sean Tembo beaten into submission by the cadres or he has seen that his changes of being President next year is as easy as flying pigs?
Was Sean Tembo beaten into submission by the cadres or he has seen that his changes of being President next year is as easy as pigs flying?
Opinions are like @rseholes, everyone has one!
Law and economics have brought the world where it is today. Anyone can interpret in the way it suits them.
This is no time for opinions from Laymen! It’s time to put Country First and Seek the TRUTH!
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)…
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!
It’s NO to Wamuyayas!
We’ll not sit down as see a few selfish individuals attempt to mutilate our Constitution for Selfish ends!
Choose a candidate who qualified before it is too late! We have tolerated enough of PF Lawlessness! It’s time for Galant men and women to reclaim this country from the tight grip of Demagogues!
Zambian Dictators and their rule of political parties. The greedy ones stayed the longest:
Kenneth Kaunda UNIP 27 years
Hakainde Hichilema UPND 15 years
Frederick Chiluba MMD 10 years
Levy Mwanawasa MMD 7 years
Edgar Lungu PF 5 years
Rupiah Banda MMD 3 years
Zambians sometimes we are amazing. What do we want? Does ECL standing render him automatic victory or its voters who determines the winner of 2021 elections. This is where the opposition loses elections. Mr Sangwa and Mr Mwitwa are just helping the opposition lose elections next year. Instead of continuing to highlight the failures of the current government and suggest a candidate to the voters they feel would do better than ECL, they are rasing an issue they fully know PF would not just allow happen. My question again is whose interest is these two lawyers serving? This issue is favouring PF than the opposition. Its strange that our lawyers can’t see things in this light. Despite the infrastructural developments we have experienced under PF are there serious reasons why voters should…
Respect Sean’s view the way you would like yours to be respected.
We cannot all hold the same view on one issue.
Tolerate and accept divergent views
..are there serious reasons voters should kick them out of office? Thats what our lawyers should be communicating to voters and not planning chaos for next elections by stopping a candidate a party has vowed will represent them. We must cherish peace . If Zambians decide to remove PF from power next year we can do it but give voters conviction of voting against PF. Are these lawyers suggesting they are happy with PF but only Edgar shouldn’t stand. The opposition should not be deceived but know that there’s another prominent lawyer in PF who is a likely candidate should ECL not be allowed to stand. Seeing how ambitious he is, he will carpet the opposition. Are lawyers playing chess with the opposition?
You are right on one issue: ECL on the ballot box favours opposition and that is why HH is not talking on this matter. However, you are wrong to get us focus on just elections. The lawyers are defending the Constitution and that is the first priority.
step down iwe kolwe
ba fikala the dude has spoken the truth, mwe mbwa mwe
The country is messed up there are no rules it’s not safe anymore the PF has done it all…now they are trying to cheet the poor people by having this donkey run again…he is not going to run for the third term. He thinks everyone is stupid…the new constitution only applies to any who will hold the office after goes away..or he loses..Zambian are not stupid they will show him how to remove a rat from the house.
Aaaaaaaah Mr Tembo owns up to the truth unlike LAZ, and opposition et al. Let’s not split hairs on wording, the meaning and intention of the ruling was clear. ELIGIBLE.
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…
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.’. Blah, Blah…….and do forth.
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?
This boy was brainwashed by Akainde the time he was carrying his bag during the political alliance rubbish. How come he is calling the President Mr Lungu? A tase kolwe wamupamba.
Well done Sean Tembo. He has also seen that ECL will be easier to beat next year than if the PF field another candidate and therefore his strategizing for ECL to be the candidate for PF next year.
@ Kalu the current constitution says that; what constitutes a presidential term office is 3 years to 5 years. Anything below 3 years is 0 term. Your 4 years 11 months qualifies as a full term of office. The truth is if HH was the one in state house today majority of people saying ECL does not qualify would have been saying the opposite. This is how candidate preference affects people’s reasoning in politics. This is the same even in Europe or USA.
I think HH is scared that he will never be a president in Zambia. He must try to be a chief in Monze.
JJP – You are joking right? As things stand right now, HH has no chance of beating ECL next year.
My considered advice is that listen attentively to John Sangwa, SC, and also carefully read an article written by Elias Chipimo Junior in 2017. You will find the correct answer from these two. The new constitution is not talking about two terms of office as qualification but about “holding office twice”. In law “term of office” and “holding office” are not one and the same and they cannot be used interchangeably. In additionn the ConCourt did not pronounce itself on the eligibility of Pres. E. C. Lungu as an individual. His name was removed from the proceedings as he was not part of the matter before the Court. Please do not use your emotions or your heart but your brain in understanding the issue. Be properly informed to arrive at the right conclusion. Please listen from the…
Actually JUST LET HIM STAND bane. In the meantime make sure there is absolutely NO SPACE for rigging. This should be our preoccupation for now. Forget the court processes. This is what the Americans are currently trying to ensure under Donald Trump. That impeachment was unnecessary in the grander scheme of things. Just use the ballot; after all it is nigh. Awe mwe.