Thursday, March 28, 2024

The Constitution Clearly Doesn’t Allow a Third Term of Office

Share

By Fred M’membe

It’s very clear that President Edgar Lungu and his disciples are trying to impose their will on all of us.
They are trying to keep themselves in power at any cost. They have made it impossible for this country to have free and fair elections this year.

President Lungu is not only trying to impose himself as a presidential candidate when the Constitution clearly doesn’t allow a third term of office, but he has also made it impossible for his competitors to politically mobilise.

But what Mr Lungu and his disciples do not seem to understand is that the social furniture of modern society is so complicated and fragile that it cannot support the Jackboot. We cannot run the processes of modern society by attempting to impose our will upon others by all sorts of crooked, corrupt and repressive schemes. If they have not learned that they have learned nothing. Whatever might be their motivation to seek a third term at any cost, there’s no doubt about its imbecility.

I beg President Lungu and his disciples to turn their backs on this most ugly way of seeking to perpetuate their hold on power and realise that if they are to live in this country and be regarded as decent people deserving the respect of others, they have to act up to different standards than the one they have been following.

These are methods of barbarism. If these are not methods of barbarism, what methods does barbarism employ?

We have been taught that “the man who abides by unjust laws and permits any man to trample and mistreat the country in which he was born, is not an honourable man…In the world there must be a certain degree of honour just as there must be a certain amount of light. When there are many men without honour, there are always others who bear in themselves the honour of many men. These are the men who rebel with great force against those who steal human honour itself. In those men thousands more are contained, an entire people is contained, human dignity is contained…”

It’s understandable that honest people should be victimised, repressed and humiliated in a Republic where a criminal, cruel, intolerant and tyrannical gang is in power.

54 COMMENTS

  1. The way the 2016 Presidential Petition was mihandled is now haunting Zambia Concourt? The Petitioners suspected that Concourt Judges were bribed by the PF Govt to dismiss the Petition without hearing it. Now PF is also suspecting that Concourt will nullify ECL’s Eligibility. Both the PF Ruling Party and the Opposition do not trust Concourt Judges anymore. If PF trusted Concourt Judges they should have waited for ECZ to certify ECL’s Nomination and then allow Concourt to consider the Petition(s) challenging ECL’s Third Term. The intergrity of Concourt Judges is being questioned by both PF and those opposed to a Third Term. Concourt is Now between a Rock and a Hard Place. We now need a Neutral Court to determine ECL’s Eligibility if Zambia is going to have a free,fair,credible and…

    19
    3
    • They get money handouts and bicycles whose sources of money is not known but people also know that money that even the Bank of Zambia cannot verify its sources can only be devil’s money and those who have taken it invited the devil into themselves and in the lives of their families! Things unexplained will happen but people have already sold their souls to the devil and their bodies to rituals! How can normal thinking people be just receiving free money whose sources they are not told? Who does not ask their child where they got the money from if they came home with a K5:00?

  2. 3rd term is treason, a violent overthrow of the constitution which he swore to uphold. No wonder the dove refused to fly. All those supporting 3rd term are accessory to treason. We also know that that he came into power by treason, by overthrowing the will of the people by fiddling with the election results.

    15
    4
  3. It appears Fred, Under 5 and others have sensed the momentum is still with ECL and now trying to fan confusion. We have the Concourt’s interpretation in the Pule and others case and we have made up our minds, ni ECL fye like it or not.

    13
    32
  4. The problem is the Intergrity of Concourt Judges. Both Proponents and Protagonists of ECL’s Third Term don’t trust Concourt Judges to handle the Petition challenging ECL’s Eligibility Professionally and Objectively. If Concourt was trusted to do its job Objectively and Professionally all this noise about ECL’s Eligibility wouldn’t have arisen. These misgivings on Concourt arise from the way it mishandled the Presidential Petition in 2016. Clearly ECL is ineligible to stand for a Third Term becoz the Republican Constitution doesn’t allow him to do so. The Constitution clearly states that a Person who has held Office,has been elected and sworn in twice in 2015 and 2016 is not eligible for Election as President. PF should just get a New Presidential Candidate for 2021. The…

    7
    4
  5. This gayward man is talking about the constitution without quoting any article to support his claims. The problem with our politicians on constitutional matter they either walk out of parliament or just oppose with reading. When Lungu said I will sign this constitution with my eyes closed that is when the UPND MPs asked for time to go and read. There is loophole in our constitution in the definition of a term which will work in favor of Lungu. With selfishness of power hunger among the opposition forget beating Lungu on the ballot.

    10
    22
  6. The interpretation of the Third Term in the Pule and Others Case is irrelevant. Once Nominations are closed on 14th May 2021 Citizens are free to challenge the Nomination of ECL if he is certified as a PF Presidential Candidate. Article 52 of the Republican Constitution entitles any Citizen to Petition Concourt if they don’t agree with his Nomination. Concourt should be allowed to consider and determine such Petitions. Concourt’s impartiality is being doubted by PF as well as those opposed to the Third Term. Concourt has a chance to redeem itself after bungling the 2016 Presidential Petition. Otherwise Zambians have the Final say on who becomes the Republican President on August 12, 2021.

    12
    3
  7. @KCI. There is no loophole in the Republican Constitution. The Constitution is very clear if Lungu was elected,held Office and was sworn in in 2015 then that period is considered a Term of Office. A Term of Office is 5 years or less. Lungu served as President for a Term of 18 months. He was elected and sworn in twice in twice in 2015 and 2016 so the Third Term for Lungu shouldn’t arise in 2021. If Lungu forces himself on Zambians for a Third Term then there is trouble ahead for Zambia. Besides on August 12,2021 Zambians will have a chance to elect their Republican President. People will have to choose between ECL and HH. Most Zambians are fed up with ECL and want a change of Govt. That change is HH and UPND. HH aka Bally will fix it.

    17
    8
  8. Amazing!! So what Fred says is the law??? There’s is a judgement at the ConCourt which was unanimously delivered to the nation which clearly defines a term. Not this confusion Fred and other opposition clowns are trying to bring up. Now realising they have wasted 5 years attacking ECLs character to no effect instead of advancing ideologies, manifestos and social-economic ideas, Fred and other hyenas are now panicking.

    8
    15
  9. #3  Kawasaki 
    March 10, 2021 At 6:54 am

    “It appears Fred, Under 5 and others have sensed the momentum is still with
    ECL ……”

    Lungu can not win any free and fair election , period.

    That is what Fred means when he says lungu is forcing himself on Zambians

    He knows that, his violent cader thugs know that, his corrupt rats know that….

    14
    6
  10. If lungu allowed free and fair elections, he would be beaten clean…….

    But opposition are brutalised and not allowed to mobilise by the PF police….

    Unfortunately for lungu , he is so corrupt that he remains vaunrable at different pressure points like this breaching the constitution with his 3rd term bid.

    Zambian Citizen AKA Antonio mwanza, if you are so confident in the law, why are you threatening concourt judges ????

  11. Can PF dull goons answer me whether the first term was held under the 2016 constitution or under the previous constitution? Secondly does the constitution before 2016 also state what constitutes a term in office. Lastly under which constitution was Edgar first elected?.

    10
    2
  12. Why are PF Cadres questioning the intergrity of Concourt Judges this time around? Should anyone challenge ECL’s Eligibility Concourt will simply re-confirm his Eligibility. Why are PF Cadres doubting the Intergrity of Concourt? To suggest that the State Captured Concourt Judges will be bribed by the Opposition seem to suggest that ECL’s Eligibility is unconstitutional. So PF will bribe all the Concourt Judges to re-confirm ECL’s Third Term? With this kind of thinking we are in trouble. Concourt made its bed and now it must sleep in it and abrogate the Republican Constitution. The consequences for Zambia are too ghastly to contemplate.

  13. The con court judgement does not say that Lungu is eligiable. In fact when you add years 3+5+5 goes beyond the 12yrs in the judgement.You will also notice that Lungu got gratuity in 2016 or what is called presidential terminal benefits meaning he saved a term.You must under stand that law does not work in retrospective Lungu was voted in 2015 under the old constitution.The current constitution does not allow Lungu having been sown in twice.The Law is clear ba PF .Find a candidate now if you dont have mwaloba lyauma.

    14
    2
  14. Lungu is forcing himself on Zambians on two accounts. 1. Lungu cant win a free,fair,credible and peaceful Election against HH. 2.The Republican Constitution doesn’t allow Lungu to stand for a Third. The Constitution clearly says a Person who has held Office, has been elected and sworn in twice in 2015 and 2016 is not eligible for Re-election in 2021. The 18 months that ECL served as President is considered a Term. A Term is defined as the period between two swearing ins. In 2015 Lungu was sworn in and sworn in again in 2016. Two swearing ins constitute 2 terms. Kwamana. Let PF choose another Presidential Candidate b4 Nominations are closed.

  15. The Constitutional Court has already interpreted and decided the matter. The judgement is crystal clear. It has been established that according to Article 106 (3) and (6), a presidential term from 25 January 2015 to 13 September 2016 can’t be considered as full term, as it is less than three years.

    5
    8
  16. What has happened to Kaizar Zulu? Normally he would have trashed all contributors and said they were all diasporans which should be shot! Has the office of his former boss ECL finally told him to shut up? That would be great news!

    6
    3
  17. You celebrated the judgement when the same ConCourt ordered that salaries earned during illegal stay in office by ministers be repaid. Then what’s your problem to accept the judgement on presidential term by the same court? You can’t refuse to accept it because it doesn’t suit your rhetoric!

    4
    3
  18. Mr M’embe what is your standing in the political circles of Zambia? How many MPs do you have? How many people vote your party? Don’t you think the matter should be left to the champions to decide and you keep away!

    3
    10
  19. Why don’t you debate the issue with experts? Writing whatever comes to your mind won’t help at all. You can’t confuse the voters by the baseless arguments like this.

    3
    5
  20. Is your party member of UPND Alliance? You seem to have lost the ability to think rationally and wisely. What else can one expect from a politician who has surrendered his loyalties and intellect to a dictator!

    3
    2
  21. You should have learnt the lesson as voters of the country have kept you miles away from power. I can understand your desperation to lay your hands on whatever share you can get in power. But mark my words, people have made their mind.

    2
    5
  22. No matter how much falsehood you propagate in media. It won’t help. We know the truth about you and your accomplices.

    2
    2
  23. No honest people are victimised. Get your facts corrected. Show one instance of victimisation or apologise for the false claims.

    1
    5
  24. There is no third term, there is just a Lacuna which should have been cleared or sorted out by the legislators who are just eating public funds. The concourt must rule in the interest of our country. The hyenas will be rejoicing because they think that tin the midst of the confusion they will install the person who has been democratically rejected by the people of Zambia. And so this Munene thinks that that his brother in law will give him a ministerial position. The law does not punish anyone that serves the situation. This is where the lacuna comes in.

    4
    3
  25. Nobody denies that the constitution does not allow a third term in office. If you go by terms, ECL has not served 2 terms as per Con court. If you go by ‘holding office’ ECL has held office twice. As per the letter of the law, ECL is disqualified, but Dr Mumembe as a lawyer knows all too well that laws are not always interpreted by the letter but also but the spirit. Look at the Grade 12 certificate issue for example. It is clear in black and white that you cannot be an MP without a grade 12 certificate, but the court has said, no, tu makosi twina they qualify as grade 12!

  26. We have been taught that “the man who abides by unjust laws and permits any man to trample and mistreat the country in which he was born, is not an honourable man… How apt for Hakainde Hichilema! You should be ashamed of your self to be siding with the enemy of Zambia.

    2
    2
  27. The constitution is clear. Edgar has been sworn in and held office twice. He even got the gratuity from the first term. Rupia did not serve a full 5 yrs term but got his gratuity and we built him a house and we consider him a former president. PF should just start looking for an alternarive candidate before its too late.

    9
    2
  28. People start talking alot when the end is nearer for them. Mmembe is just a lost gay soul. I will put him in my prayers

    2
    5
  29. The failure of Bill 10 has caused all this debate about Lungu’s Eligibility. Had Bill 10 law been enacted Article 52 of the Republican Constitution would have been deleted. Now after Nominations are closed on 14th May 2021 any Citizen can challenge ECL’s Eligibility in Concourt. The Dan Pule and Others Judgment cannot bar those who wish to Petition ECL on his Third Term Wish. Besides ECL is not being barred based on Term Limits. He is being barred on the Basis that ECL has held office, been elected and sworn in twice in 2015 and 2016 and therefore cannot stand for a Third Term on August 12, 2021. Period.Concourt would have to consider the Petition and make an Objective and Professional Ruling. That Concourt decision will have a lasting impact on Zambia’s Political Future.

  30. THE CONCOURT CANNOT NULLIFY LUNGU’S ELGIBILITY BECAUSE HE DOES HAVE ANY! THE 1996 CONSTITUTION ON WHICH HE ASCENDED TO POWER IN 2015 COUNTED HIS 17 MONTHS STAY IN POWER, FROM JAN 2015 TO SEPT 2016, AS A TERM. HIS SECOND AND FINAL TERM WILL BE ENDING IN AUGUST 2021. WHERE IS HIS ELIGIBILITY?

    7
    2
  31. The recent judgement on Grade 12 certificate as a prerequisite to standing as an MP sheds a lot of light on what the Zambian Constitutional Court (CON Court, with stress on the con), will decide if ever the Lungu’s eligibility goes to trial. The Con Court has relied on a lower court’s judgement about what constitutes a Grade 12 certificate. Naturally, it was a split judgement. The letter of the law is clear- Grade 12 certificate or equivalent. But the High Court and now the Con Court has made it case law, Grade 12 can mean a vocational course, a certificate here and there etc. This thinking can be extrapolated to the eligibility case. ‘Term’ will be equal to ‘holding office.’ The first ruling defined a term. The second will say that Lungu has not held office twice. Zambians have…

  32. @akaps

    “Lungu can not win any free and fair election , period.”

    It’s the narrative that keeps popping out from losers. Your Under 5 has been losing elections from 2006 and has cried rigging on all of them including where he was coming a distant third. Uwawa tabula kabepesho, He is losing again, watch this space.

    1
    4
  33. If the Vice-President assumes the office of President, in accordance with clause (5)(a), or a person is elected to the office of President as a result of an election held in accordance with clause 5(b), the Vice-President or the President-elect shall serve for the unexpired term of office and be deemed, for the purposes of clause (3)—

    B.to have served a full term as President if, at the date on which the President assumed office, at least three years remain before the date of the next general election; or

    B. to have served a term of office as President if, at the date on which the President assumed office, less than three years remain before the date of the next general election.

  34. PRESIDENTIAL DEBATE ON RADIO AND TV FOR ALL POTENTIAL LEADERS
    WHY IS THE PF SHYING AWAY ???????????????????????????????????

  35. @Kawasaki. I doesn’t matter what decision Concourt makes. What matters is to respect Constitutional Processes and Procedures. After Nominations are closed on 14th May 2021 any Zambian in terms of Article 52 of the Republican Constitution is free to Petition any Nomination at Concourt. Concourt will consider the merits and demerits of those Petitions. Concourt must Objectively and Professionally consider such Petitions. The Dan Pule and Others Judgment should not bar People from Petitioning Lungu’s Eligibility. The Pule Judgment dealt with Term Limits while ECL’s Eligibility will be challenged on the number of times he has held office, been elected and sworn in twice. That’s what the trial should be based on. ECL cannot impose himself on the basis that Concourt has already…

  36. Apart from treason, there’s economic sabotage – where do you get the permission to print money to share with your family, friends and PF cadres. When you have already pocketed eurobonds and other loans.
    Nawakiwi as former finance minister is pretending nothing wrong is happening, she will complain or report to the police after 20 years as usual.
    Fellow Zambian’s WE NEED TO STOP this at all cost NOW!

  37. @Zulu, the decision the ConCourt makes matters like it did in the Dan Pule & others case. Yes any Zambian is free to petition but in this case it’s not worth the effort because it will be a waste of time, there is a precedent and it shall apply.

  38. @Mwine mushi
    That is the current constitution, just like a criminal cannot be released when a law that caused him to be jailed some time back is changed in a current constitution so does the current constitution not change the circumstances under which Edgar was first elected based on the 1996 constitution. The circumstances under which Edgar went to a PF convention and chosen to stand as president in 2015 cannot suddenly change under the current constitution. If we are to go by the current constitution then Guy Scott should have been the president in 2015.

  39. The ConCourt judges need to be replaced. Through their reckless rulings, the have severely dented the credibility of the court.
    Whats the point of having a court which is not trusted by everyone.
    In fact , the entire judiciary from the Supreme Court and ConCourt right down to the Magistrates court needs to be cleaned up.
    Too many party cadre judges. Its a disgrace.

  40. Lungu you have served enough go back to chawama. Miners don’t want you, military personnel don’t want you, students don’t want you. Even civil servants don’t want you. A third term to finish the country off is no no for us. August 12 is liberation day. We cannot continue to be ruled by thieves who belong in jail

  41. Please dull Zambians this is what the constitution say.The 2016 constitution only applies were a vice president is a running mate.If at all she or he assumes office automatically as president after the death or the president failure to rule due to sickness etc,if he or she only save less than 3 yrs can not be said to have saved a full term and can not get terminal benefits.But in the case of Lungu he come as a result of an election and was sown in twice in 2015 and 2016.Therefore he does not qualify to stand again.Unless he was going to transform into Bo ma Inonge the vice president.For example if madam Inonge acts as president due to the president incapacitation ,And she acts less than 3yrs she can contest twice and sown in twice not adding the months she acted.Which can result into 12…

  42. Thanks to President ECL and PF for giving Zambians the FREEDOMs and RIGHTs of expression, assembly, worship etc. to the extent that they can discuss his Presidency and even utter unprintable about him without any repercussions.
    There is nothing TREASONABLE when any Zambian after meeting the filing and nomination requisites lodges the same and is fully accepted by the relevant ELECTORAL authority and Agents including the JUDICIARY. It’s only when and if he/she lodges forged/stolen dockets. You do not need to be a Lawyer to interpret the above.
    All those saying and writing otherwise are merely playing the mindset and propaganda game to sway the minds of right thinking Zambians to believe that ECL won’t stand for 2021 elections, none is talking about the CONCOURT judgment in DAN PULEs…

  43. CONTINUE
    but merely referring to the Republican Constitution as to what their own interpretation of being elected TWICE and being SWORN TWICE is, Ignoring the Presidential term of office and the CONCOURT Judgment.
    They are hoping against hope that this time around should they take the case to CONCOURT the LEARNED JUDGES would be made to RULE otherwise based on swayed public opinion. NAY, NAY.
    Please, please Zambians, we should not try to behave like a patient going to see the Doctor with his/her own PRESCRIPTION, even when the ailment is a mere headache, he/she wants Antibiotics or Injection being prescribed instead of PARACETAMOL. NO, NO, TWAKANA.
    In the 2016 petition case, again, you need not be a lawyer to understand that 14 days was the maximum period in which to hear, argue and…

  44. CONTINUE
    dispose of the CASE, but the so called CONSISTITUTIONAL EXPERTS wasted time on bringing PRELIMINARY after Preliminary issues before the LEARNED JUDGES of the CONCOURT leading to expiry of 14 days as opposed to presenting the facts of CASE. The Defence COUNSELS opted not to appear before the Court on the 15th day, hence the Plaintiffs Counsel CLIENTS cried foul for NOT being HEARD by the court, a price they paid twice, losing the CASE in Court and paying their “COUNSELS” for the wasted time. Hence the bitterness may be. ONCE BITTEN TWICE SHY. SHAME.
    NI SONTA SONTA WE MWANA APO PF and ECL BABOMBELE ZAMBIA YONSE. ALA NI SELAKO TUBOMBE NAUNOWINE MWAKA NA KUNTANSHI. NI PA “PF” NAFUTI NAFUTI

  45. The ECL Govt politicised Concourt when it bribed Concourt Judges to dismiss the 2016 Presidential Petition. PF knows that the Concourt Judges are corrupt and are bribeable becoz ECL bribed them in 2016 to throw out the Petition without a hearing. Now PF Cadres are worried that Concourt Judges might do their work Objectively and Professionally and nullify ECL’s Eligibility. So PF has to bribe Concourt Judges again to dismiss the Petition and allow ECL to contest the 2021 Elections. If this happens Zambians will rally on August 12, 2021 to vote out ECL outright. ECL will find it difficult to rig the Election in his favour if Zambians vote overwhelmingly and make HH win with a landslide. The writing is on the wall.

  46. Mbasela presidential Term of Office, i.e., holding presidential office for less than 3 years following abrupt vacant situation due to substantive’s death, resignation, etc. does not count as a full term of office under the current Constitution. Whether or not the replacement president had served as Vice President or not under the substantive president is totally immaterial. Similarly, whether or not the by-default president had served as Vice President or not under the substantive president is totally immaterial. The Mbasela Term of Office is intended to help the country avoid holding presidential elections unnecessarily. Presidential elections are disruptive. Presidential elections are costly. Presidential elections are divisive.

  47. If the humble president dissolved the 2015 parliament it means concurrently of the parliament the president saved 18 months but due to the fact that the parliament was still running, its considered to be a full term. understand article 106 very well.

Comments are closed.

Read more

Local News

Discover more from Lusaka Times-Zambia's Leading Online News Site - LusakaTimes.com

Subscribe now to keep reading and get access to the full archive.

Continue reading