Thursday, March 28, 2024

Kambwili and HH’s nominations could also be challenged after they file in their nominations in 2021 Elections

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The Constitution of Zambia’s Article 52 (4) states that a person may challenge, before a court or tribunal, as prescribed the nomination of a candidate within seven days of the close of nomination and the court shall hear the case within twenty-one days of its lodgment.

It is on such a basis that the Young African Leader’s Initiative (YALI) have warned that as Lusaka lawyer John Sangwa prepares to challenge President Edgar Lungu’s nomination next year, his candidate should also come with clean hands because they too will challenge him.

YALI President Andrew Ntewewe said Sangwa should not make it seem as though article 52 will only be applicable to one candidate but everyone who will participate in the 2021 elections .

“We have also noticed that one state council by the name of John Sangwa says he is going to fight against the third term , I don’t know what third term he is talking about because in so far as we are concerned the third term only exists in his head it doesn’t exist in reality, the constitutional court was very clear , so Sangwa is playing to the political gallery.” Said Mr. Ntewewe.

He said as he considers challenging President Lungu , his candidate should also brace himself for what’s about to hit him .

“And so Sangwa must understand that if he is preparing any documents to challenge the nomination of President Edgar Lungu , he must understand that President Edgar Lungu is not going to be the only candidate in the 2021 elections , other candidates including the people that are sponsoring him may also be challenged. Equally, those who will need to challenge the eligibility of Hakainde Hichilema or Chishimba Kambwili when time comes should be encouraged to do so. And we hope all candidates whose eligibility will be challenged will respect the decision of our Constitutional Court as it is more competent to handle these challenges. .” said Mr. Ntewewe.

He said next years he election will be very interesting because he foresees a lot of petitions, and he has vowed to participate actively especially on opposition leaders who come to the fore with unclean hands .

“And as YALI, we also want to be very clear that we see our courts of law being filled with a lot of nomination papers and a lot of petitions ahead of the 2021 elections and we want to indicate that as those petitions and those nominations are going to take place we will ably and effectively participate. And those candidates who wish to contest the elections Sangwa should be prepared to actually defend them and ensure that they do not have any skeletons in their wardrobe.”

Meanwhile, Mr. Ntewewe has indicated that the issue of President Lungu’s Eligibility should not arise because it was already litigated and decided by the constitutional court of Zambia .

“Bill number 10 was not about the Eligibility of President Edgar Lungu, No! It wasn’t the questions surrounding the eligibility of President Edgar Lungu were already litigated and decided by the constitutional court of the Republic of Zambia. They want to begin debating a matter that was already closed by the constitutional court.” He emphasized.
Meanwhile Mr. Ntewewe has indicated that failure to pass the Bill has diminished the hopes of women who have been yearning for more women representation through a mechanism built into the electoral system.

He said Instead of being active participants, women will remain campaign dancers for those MPs who failed to give them the right to be represented in Parliament.
He further stated that failure to pass the Bill will mean youths and persons living with disabilities who should, through an electoral system, have a system which allows them to participate in law-making processes remain reduced to militias or chola boys of party leaders who are only needed to help leaders ascend to power.

He added that this also entails that Government will have no need to proceed with consideration of repealing the 1955 colonial Public Order Act which many political players have complained about, including the very people who failed to pass clean up and pass Bill 10.

“Both the Public Order Bill of 2019 and the Electoral Process (Amendment) Bill of 2019 which were deferred by the Government at the insistence of the UPND will never see another day in Parliament. The nation and political players must prepare to play to the same old public order and electoral rules which they have complained about. Even when there is clear violence in an election such as the one we noticed in Sesheke, Kaoma, Mtendere, the courts will never have an opportunity to nullify an election as the current electoral law makes it almost impossible to nullify an election.” said Mr. Ntewewe.

He also shared the view that failure of Bill 10 will deprive those that will be aggrieved to have their petition heard within a reasonable time of 30 days.

Mr. Mwanza added that the move has put the delimitation process in jeopardy as no delimitation of constituencies can happen without amending the numerical numbers entrenched in the Constitution.

“The failure of Bill 10 means that the chiefs who have been looking forward to State protection and recognition have lost out. This means Government continues to have nothing to do with the recognition of new chiefs or succession wrangles in chiefdoms. Equally, the evangelicals and the Christians have also lost out by not having the Christian Nation entrenched in the Constitution,” he reaffirmed.

45 COMMENTS

  1. I thought KAMBWILI should be in jail now u talking of a prisoner being nominated for presidency.

    The crime Kambwili committed has nothing to do with politics. He should go to jail period.

    Forgery is a serious crime and him being in leadership he should have known better.

    What example the courts in Zambia are giving to us? What about those jailed or fired from work because of forgery would feel? Is kambwili more zambian than others?

    If Kambwili wont go to jail then there is no justice in Zambia and the judicial department is not independent. Its nothing but a joke!

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  2. This is why we have failed to write a good Constitution despite the several attempts because debate is tilted towards individuals. The collapse of Bill 10 isn’t about Edgar Lungu or Hakainde Hichilema, it’s about good governance. If Edgar and his supporters think that they’re trying to outdo Hichilema or if Hichilema and his supporters also think they’re trying to outdo Edgar then we’re lost as a nation. Patrick Mvunga in 1991 gave a good Constitution, the 1996 Mwanakatwe Constitution failed because FTJ wanted to outdo KK. We can’t target individuals when we legislate. There seems an attempt by the PF to preserve ECL beyond 2021 even when all indications are that he isn’t welcome to continue. Theirs is a very narrow agenda and we’re seeing symptoms in the manner his supporters are…

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  3. The active constitution is the current constitution not the one which ended in 2015 so the rules of the game will be based on the current constitution which is the one which came into being in 2016

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  4. Well put Andrew and YALI. Bill 10 failure has exposed the upnd. How will they campaign and propose new laws to Zambians?? They rejected progressive laws like representation of the different abled, women and youths. What are they going to tell Zambians???

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  5. Small men panicking, did Sangwa tell you that you can not challenge the other candidates?
    The is no court in Zambia which declared that Lungu is eligible to stand.
    The 2016 Zambia constitution as amended from the 1996 and onwards does not allow anyone who had been appointed as president twice to stand as a candidate.
    Get it in your heads its has nothing to do with how may terms you served. You could have resigned after 1 years after being elected (which is not a full term) comeback again and be elected and resign after two years (which is not another term) come back yet again after being elected or served your two full 5 year terms. In both cases what you can not do is come back the third time for nomination. That is the spirit in which the constitution was written.
    Sangwa has your…

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  6. This is typical cadre small narrow mind mentality they think John Sangwa is an opposition supporter and will lose sleep if you challenge Hakainde and BUFFOON CK’s nomination…..really laughable…. these boys have alot to learn this is what happens when you have only one source of income from your master.

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  7. Otherwise you can be resigning in each term before three years and continue doing that forever. While less than three years is not a term (as the court judged) you can come for nomination the third time.
    This is clearly stated on the nomination papers. Yu have to state is you have not been appointed as a president for more than two times.
    I see a party with no candidate.

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  8. @YALI President Andrew Ntewewe please find something productive to do with your life and stop wasting article space. LT please avoid publishing such nonsense. Since when did this chap become a lawyer and does he understand what he is talking about. Let him win a case in court before he talk to John SC. The issue here is Zambian constitution is not been respected. We have a president who thinks he can put the country in debt while taxpayers remaining paying back. We no longer consider each other as Zambians if one belongs to PF they more superior than the others in another party all because of tone from the top. Zambia is for everyone not just one person.

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  9. “…..(YALI) have warned that as Lusaka lawyer John Sangwa prepares to challenge President Edgar Lungu’s nomination next year, his candidate should also come with clean hands because they too will challenge him…”

    Now you can see why bill 10 was so desperately important to PF ……..

    It was all about legitimizing lungus 3rd term.

    You can see the PF rats running in disarray pointing aimlessly at Christian nation , youth participation, women …….fyno fyno ……

    No , we know why you were desperate for bill 10….

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  10. Yali because you feed off Lazy Lungu’s boots you think everyone is the same doing you know what the initials S.C stand for after John Sangwa’s name? Just go and push for privatisation inquiry if you have nothing to do.

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  11. Not sure why HH and Kambwili should be singled out. Are they the only ones intending to stand. Why not concentrate on a strategy to defend your candidate who will most likely be disqualified.

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  12. Yaba, oh Yaba!! The whole of the upnd has put their trust in John Solye…oh sorry, Sangwa to determine the future of this country and put them in power. Upnd tried the same strategy in 2015/2016 polls by teaming with their former enemy and self proclaimed kingmaker Fred M’membe and lost both elections. Sangwa, another self proclaimed expert in constitutional law has promised, just like Fred, to “sort” out Lungu and personally escort kainde to state house. YOU WILL CRY LOUDER THAN 2016, Mulumbwana and ZP is ready for you this time round.

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    • Lone voice. UPND is okay. no stress, no panic, no desperation, pulling in an orderly manner. Frightened little men panicking and even stopping others to assemble. Stone age people, Shaa…

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  13. Constitutional court made a clear ruling that President Lungu’s first term begun in 2016, which means the issue of third term is neither here nor there so for one to appeal to the same court which is the Supreme Court of the country should expect the appeal to be thrown out with COSTS

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  14. According to upnd, lungu is a failure and thief who is going to lose.so ask yourself one question, if these allegations are true, why don’t they let him stand so that he loses and they win?

    Secondly the constitutional court ruled on ecl eligibility to stand.so who does that retard sangwa think he is? Anyway knowing how many prostitutes sangwa goes through a week, I am not surprised by his reckless and dullness. A politically charged lawyer. To hell

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  15. The constitutional court NEVER decided on Lungu’s eligibility. It said that Lungu had not filed for nomination so it could not determine on a situation that was fictitious. It was prematurely before the court. It is like taking a person to court today because they are going to break into a house in August 2021. As for the others, they may also not be eligible because they have never been democratically elected. UPND MUST hold a convention before 2021 otherwise HH is also not eligible. So, it will be interesting to see how the Con Court deals with the petitions, BUT remember, ‘He who pays the piper, calls the tune.’

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  16. By the way convicted baboons can’t stand so kambwili is not eligible. Also record losers cant stand so hh is ruled out

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  17. I last heard of such at pre school where we would answer and say “even you umatundila pa bed” . Childish politics. If all are challenged then kalaba goes through

  18. Very well. Anyone can challenge nomination of any candidate. If someone thinks that by spreading confusion about one candidate can be a shield for the other, this is not going to happen. Everyone must be open for scrutiny and challenges.

  19. When the constitutional court has already set aside the dispute, why some people are unnecessarily wasting time of the court by filing such petitions? People should respect the Court’s judgment.

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  20. Eligibility of President Lungu to contest 2021 elections is a dead issue. It is done and dusted. It will be useless to wreck it up again. Those planning to do so should be ready if it boomerangs.

  21. Well there you have it now. If people even had a slight doubt that bill 10 was for PF here now you have the light. Bill 10 was for PF to protect Lungu finito, now that it is in the dustbin they have nowhere to run to now. All PF know is to sell the candidacy of lungu but if lungu is not eligible who will they now sell to the people?

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  22. Going to elections on the current defective constitution is diabolical. The current constitution has a lot of flaws which need to be ironed out. Otherwise, am seeing a situation where by the nation will be pushed in mayhem. Neither the incumbent nor the opposition will accept the results. Issues of rigging will still be emerging.

  23. Yali talking plenty and saying nothing. Waste of time, space, food and oxygen. Moving on.. Next time I won’t even bother to read.

  24. A CADRE WILL ALWAYS SPEAK LIKE A CADRE LANGUAGE DIFERENT FROM KNOWLEDGE AND MINUS WISDOM OF UNDERSTANDING WHAT LAW IS ALL ABOUT. LET LUNGU WHO SEEMS TO BE A LAWYER SPEAK AND DIFEND HIMSELF. UYO UMUNANKWE MAGUFULI HAS GONE THROUGH WITH A MAGFIED VOTE. WILL OUR LUNGU BE LIKE MAGUFULI?
    I KNWO THAT HE JUST CONGRATULATED MAGU FOR THE SAKE OF BUT DEEP DOWN HIS HEART HE KNOWS ATI INE NI KAYA MWANDI

  25. Be ready for the petitions challenging nomination of Chishimba Kambwili and those who sponsor him too. Hope that will go down well with them, if happens.

  26. Corruption scandals: 48 Houses Social Security Cash Luxury Presidential Jet Ambulances Fire Trucks Mukula Trees Ndola-Lusaka Rd Malawi Maizegate Fuelgate Swaziland landgate Zesco Loans Corruption scandals: 48 Houses Social Security Cash Luxury Presidential Jet Ambulances Fire Trucks Mukula Trees Ndola-Lusaka Rd Malawi Maizegate Fuelgate Swaziland landgate Zesco Loans

    Unbelievable! The amount of low IQ with our people is staggering. So how would challenging the eligibility of HH or Kambwili help with eligibility status if Lungu? He really sounds desperate and inarticulate.
    Shouldn’t this PF organization masquerading as an NGOs he challenged to change its name and terms of reference an PF subcommittee?

  27. UPND supporters who are pathologically critical of the PF Govt and hell-bent to distort facts on President Lungu’s integrity need to know that their on-lime articles/messages are being addressed to a shared common pool of readers/audience. The state of panic by supporters of HH, Kambwili and Kalaba is understandable. However, supporters of PF and President EC Lungu should merely evolve a culture of interpreting the truth to the peoples of Zambia via social media and public pronouncements. It is time to organize people to vote in large numbers so as to set Zambia for yet another 5-years of peace and development in several spheres of humanity. It is vital to uplift the poor from poverty.

  28. Before we can discuss whether one individual should face justice, we should deal with a more fundamental question. Is the law applied fairly to all who come before the courts or not in Mr. Lungu’s Zambia today? It is pointless to worry whether one individual gets his deserved punishment when the bigger question is whether our judges are impartial. I think that is a bigger problem than whether Kambwili goes to jail for a crime where not a drop of blood was spilled.

  29. Mwebantu,
    Who was president of Zambia before 2016? Ans: Edigar Chagwa Lungu.
    Who was president of Zambia in 2016 to date?. Ans: Edigar Chagwa Lungu.
    So, Edigar Chagwa Lungu has been president of Zambia twice, sworn in twice and elected twice. Do all Zambians need to be university graduates to understand this?

  30. I agree. CK and HH should not feel safe under the current Constitution. They may have a technical knockout, at the 11th Hour. That’s how bad the current Constitution is. Am sure Gary or Mwiimbu will go dance and celebrate

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