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Alba Iulia
Sunday, September 19, 2021

MPs have no powers to table a motion to remove the Former President’s Immunity-Sangwa

Feature Politics MPs have no powers to table a motion to remove the Former...

Lusaka lawyer, John Sangwa SC has scoffed at pronouncements by Sesheke member of parliament, Romeo Kangombe that he will move a motion to lift former President Edgar Chagwa Lungu’s constitutional immunity.

Sangwa said Article 98(5) only empowers the President to take to Parliament, a report of prima facie case and move the motion.

98(5) “Where there is prima facie evidence that a person who held the office of President or who performed executive functions committed an offence whilst in office or during the period that person performed executive functions, the President shall submit a report, outlining the grounds relating to the offence allegedly
committed, to the National Assembly, requesting the National Assembly to remove the immunity from criminal proceedings of that person.”

Mr. Sangwa said says only the Republican President has the power to move a motion for the removal of the Immunity of a former president and not a member of parliament.

He said when lifting President Chiluba’s immunity, President Levy Mwanawasa had to summon a special session of Parliament.

He said although Justice Minister Wynter Kabimba in 2012 proposed the motion to lift Rupiah Banda’s immunity, this was a great irregularity.

He said the new Constitution has since strengthened the provisions requiring a prima facie case of criminal acts to be established and a two-thirds majority of MPs at the voting stage.

29 COMMENTS

  1. If the current regime means business and taking Zambia forward they won’t be wasting time debating things which will not even for a day create jobs for the common man.
    It would be interesting to us readers but for what benefit Kangombe?.
    Debet on how you shall properly design youth empowerment around the black mountains. Debate on how you shall form those youth group cooperatives and get those energetic young men you chased out of market before they lose muscle due to poverty?.
    Discuss on how you shall convince IMF to give you loans without them eyeing Zesco, Kasenseli gold and gwembe oil.

    Not umungulu mu parliament

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  2. Retrospectively. KK was dragged to court how did that help Chiluba?. Chiluba was taken the same by Levy, Sata did likewise to RB. How did all that help Zambia instead we lost even more in the legal process than we recovered.
    When you have a chance like this take it serious and be a change Zambians called for.

    Get to work we before we forget. Free education, decent jobs, good salaries, cheap fuel and many more. If a trip to stango solves all this we care less just do all you can to ensure the puzzle you started is complete.

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  3. They are getting excited for nothing… instead of talking about Lungu, talk about solutions to our plights, lack of jobs, high commodity prices, expensive college fees.

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  4. You can’t be serious Deja Vu. For the love of country Mother Zambia! Let us be issue based for once. There was massive Kwacha hoarding in the country with more than £2.5 million pounds for in one house!!!! It’s news right here on LT! Come on guys!! Don’t you want to know the extent to which the country was torn apart?

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  5. #2 Amafacts. Are you telling us that money is confirmed as State money? It could be from drug deals. You can’t just point everything to Lungu without proof.

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  6. This is now kids talk and play. UPND get serious we have moved from lungu..let’s see your plan to strength the kwacha and develop zambia. PF had a clear plan infrastructure thus the massive infrastructure development result into weakening the kwacha but development. You guys you have no plan.. HH speech is the same as ECL when opening parliament…agriculture this, fish farming that, tourism this same things

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  7. #8 Amafacts.. you connected the loot to PF and ECL is the subject of this story. For your information there are a lot of people in Lusaka with that kind of money and are not connected to politics. Like someone has said the most urgent thing now is to employ our youths who are harassing people at bus stations. If people have stolen they will be prosecuted like any other criminal. Let it not be diversion.

    21
  8. @Amafacts
    Those money pictures you saw are downloaded from the internet and UPND is trying hard to destruct Zambians on the 48 houses…why didn’t they take actual pictures of the money….and 65 million kwacha is nothing compared to what HH has stolen

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  9. @Abanyoli(ZINC)
    We appreciate the need to create Jobs and many more other things, but we are also alive to the fact that many illegalities and atrocities took place. While we do the Job creation we must also seek to hold accountable those who inflicted untold pain on Zambia people and hence the call for justice.

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  10. IF THE WILL OF THE PEOPLE WANT IMMUNITY TO BE LIFTED
    SO IT SHALL COME TO PASS…
    THIS COUNTRY CANNOT KEEP FORGIVING ILL DEEDS TIME AND TIME AGAIN
    UNDERSTAND THIS IT STOPS NOW !!

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  11. I’ll discuss the 2 precedents and also remind Sangwa about the FTJ case. After Parley debated LPM’s speech to the special session, the Speaker couldn’t call a vote because that speech didn’t constitute a motion. So the Minister of Justice had to prepare and move that motion. This was why Wynter instead of MCS moved the motion for the RB’s immunity. The Minister of Justice and not the President can move that motion. Of Zambia’s many disasters one big one is the legal fraternity and this is the perfect example. By the way LPM’s original speech was stolen from the safe in his office on the eve of his address. As such Parliament was kept waiting while he prepared another that we were told didn’t have as much detail as the original.

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  12. HEHH will have no problem moving this forward………

    The evidence is building……..

    The foot soldier’s are being squeezed , they will sing…….

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  13. IF LUNGU IS LINKED TO THE RECENTLY RECOVERED CASH THEN THAT WILL AMOUNT TO ECONOMIC SABOTAGE AND POSITION OF STOLEN GOODS.
    HOW DID WE LAND INTO THE HANDS OF CRIMINALS MWABANTU?
    PUNITIVE ACTION IS NEEDED TO DETER WOULD BE CRIMINALS.
    There is a story about Zairean President Mobutu Sese Seko which sums up the arrogance and gall required to ransack your homeland and not lose a night’s sleep. In an interview on American television the President was asked about the size of his personal fortune. Could he personally pay off his country’s multi-billion dollar debt? President Mobutu answered that theoretically that was possible – but how could he be sure he would ever get his money back? 

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  14. @Lincoln, you ask, “HOW DID WE LAND INTO THE HANDS OF CRIMINALS MWABANTU?” Well its simple. How much vetting is done on those aspiring public office? The moment broke people get elected, fattening of pockets begin. Investigating a former president is not a waste of resources if evidence does point to plunder. What this does, it sets a precedence and soon becomes the private eye and checklist for those in tenancy; that, must we divert public funds for personal gain, the same shall be. However, such investigations must never derail that which tenants of the new administration promised to excel for the Zambian people. Here’s the kicker though, “Zambian law enforcement is a joke”. It only thrives and prevails among the poor.

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  15. The real thieves are at the mines who are robbing Zambia 45 million dollars per day of gold…And we are busy focusing on issues that are less important, Zambians what is wrong ! Leave the former president alone…Go and look into 45 million dollars gold been taken out of the country per day and Not monthly! Shameful busy fighting each other while foreigners are stealing hope it will not be too late… Zambia can easily pay off it’s debt.. Wake up

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  16. If this is the case then our Constitution is responsible for creating monsters, It should be amended to protect the us and not these evil leaders

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  17. Move on…the former president has done his part. Those calling for the removal of his immunity don’t mean well and are looking for excuses to hide their inefficiencies. What did you gain from the removal of immunities of the former presidents? ukachepa fye! President Lungu has handed over power peacefully and for that he deserves our respect regardless of the wrong doings during his presidency. The PF party are now in opposition so if you want to settle scores debate them in parliament. That’s how you build nations. How many of you so called democrats have supported or petitioned the removal of Bush and Blair’s immunity after the crimes they committed during their time in office? Move on and leave the man alone.

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  18. ba UPND, when you marry a divorced woman, you don’t wonder why her fimofimo is too big, you deal with it! stop discussing previous husband in your marriage.

  19. The sole loser is a common Zambian for entrusting everything in a man called president. The truth is these so called layers have not provided the very thing they exist for. Shame!

  20. @25 kaba nachimbusa ako.. Kkkkkkkkhahahaha.. Ta-umfwa.
    You very right at a critical point: they say shallow minded people spend today discussing about yesterday or other people.
    And this is what we are seeing.

    He came to deal with real issues wondering why his minions are busy talking about yesterday and ECL. Or its only us he told of his agenda?

  21. Zuma looted the SA coffers, when he was sent to jail people started to loot for Zuma again. In Zambi people have forgotten the theft our so called leaders have inflicted on the “common man” all these leaders have stollen there is nothing like a decent man. We wait for those who have stollen to see their day in court. Not these under five talks.

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