On page 9 of today’s edition of the Daily Nation (Saturday, 10 December, 2016), it is reported that YESTERDAY “Commerce, Trade and Industry Minister” Margret Mwanakatwe urged investors to take advantage of many investment opportunities that exist in various sectors of the economy and must put them into action for a mutual win-win situation……….
It is not what she said is we question but whether or not Ms Mwanakatwe still MP and therefore Minister?
As the Green Party, our understanding is that Lusaka Central Constituency Parliamentary Seat is vacant following nullification of the election by Judge Mwiinde Siavwapa. From press reports, our understanding is that the refusal by Judge Siavwapa to grant Ms Mwanakatwe a stay, means the High Court Judge’s decision to nullify the seat is in force, and therefore Ms Mwanakatwe is not a Member of Parliament.
Or may be, we missed the ruling, has Constitutional Court overturned Judge Siavwapa’s decisions to nullify the seat and his refusal to grant a stay? If the Constitutional Court overturned these High Court decisions, when did this happen?
If the High Court decisions have not been overturned, how come Ms Mwanakatwe is still acting in the capacity of minister?
[pullquote]Article 116 of the Constitution of Zambia provides that only an MP must serve as a minister.[/pullquote]
Article 116 of the Constitution of Zambia provides that only an MP must serve as a minister. The Constitutional Court has already pronounced itself on this issue and to the best of our knowledge, the decision of the Constitutional Court is final. It is no longer in dispute that for one has to be a minister that person must be an MP.
To the best of our knowledge Ms Mwanakatwe is not an MP. She has merely appealed to the Constitutional Court and an appeal does not operate as a stay so how come she is posing as minister?
If she is not an MP, then is it a case state a case of impunity by the Executive? Is it sheer disrespect for the judiciary and judicial decisions by the Executive? Or indeed, is it sheer disregard of the constitution of Zambia by the Executive?
Is this what the President’s Aid Amos Chanda meant in the Sunday Interview two weeks ago?
We now earnestly appeal to the Chief Justice Madam Justice Mrs Irene Mambilima and Speaker of the National Assembly Dr Patrick Matibini to immediately guide the Nation on this very important issue.
The judge further went to say his refusal to grant her the stay did not affect her position. Please read the judgement
Its a calculated statement to test the our reaction. They know people will talk then fizzle out & she will continue stealing.
Let’s start as citizens flooding the courts with these issues otherwise we defeat the purpose for having a constitution. Maybe one, as Edward wants us to believe, important lesson we can learn from SA.
For Zambia the constitution is still on scrap paper thus the executive wing of government has no regard for it! Scrap paper is where one takes minutes of a meeting or a student lecture notes to be refined later. What difference is there when the so called constitution is still under debate for amendment of assented to amendments? Its all scrap! Non action by relevant offices and docility both of parliamentarians who still welcome into the house those whose seats have been nullified and the public at large is what makes the likes of Ms Mwanakatwe continue doing what they do with impunity! Daily Nation would have helped the situation if probably they had inserted a qualifier “Commerce, Trade and Industry Minister” Margret Mwanakatwe “WHOSE PARLIAMENTARY SEAT HAS SINCE BEEN NULLIFIED!”
The Greens are providing quality checks and balances! If you continue like this, be sure that the next government is yours! Don’t worry about these others.
How many councillors and MPs do they have? Or they are hallucinating under the influence of marijuana?
Mr Sinkamba, do you honestly believe Mr Lungu can adhere to the constitutional provisions? This is the man who allowed Ministers to continue in office after the dissolution of Parliament. He is the same person who refused to vacate the office and hand over to the Speaker when the elections were petitioned. It’s a fallacy to expect Mr Lungu to obey the constitution in this instance, especially that it involves a Minister from his inner circle (Wako ni wako).
The Zambian constitution does not exist under the PF government
Zambia under the PF is no longer a democratic country but a dictatorship. If Edgar Lungu is occupying State House illegally as an illegal president, what adherence to the constitution do you think he can put in ? Edgar Lungu and his aging wife Gogo Inonge Wina are a disaster to Zambia. There is nothing in their PF DNA apart from corruption and dictatorship. Edgar Lungu refused to step aside from the presidency barely 4 months ago when the petition was raised against his fraudulent victory. He went further by hiding in God and the church in which he does not believe. His followers of doom also frequented the church services like hell every day in order to hoodwink the nation that Edgar Lungu is God fearing. Ever since his fraudulent inauguration, Lungu has never attended any church service…
This is another act of violation of the Zambian Constitution by the illegal and illegitimate Edward. Edward should have advised Mwanakatwe and Luo to cease acting as Ministers until the Courts have cleared them. It will not be surprising if these two former Ministers went on a recent State Visit to South Africa as part of Edward’s delegation. Edward chartered an Aircraft at great expense to the taxpayers and took several Ministers to South Africa and that is why the names of Ministers who accompanied him to RSA were not mentioned.Edward has no respect for the Rule of Law and the Constitution of Zambia and besides he has no financial discipline. Just like in the same way Edward allowed his Ministers to remain in their posts illegally lay May 2016 after Parliament was dissolved Edward is…
If u cannot be trusted with trustee funds how can u be entrusted with governing the country and keeping national coffers. The man has no respect for both private and public property. The man is illegal and has no respect for the Zambian Constitution. Edward should have directed Ms Mwanakatwe to cease acting as a Minister until the Courts clear her. Edward is full of lawlessness and is repeating the same mistake that he made on the illegal Ministers that he kept in their posts after Parliament was dissolved. Edward is incapable of adhering to existing laws. He is prone to breaking the laws and always acting unconstitutional. Ms Manakatwe should be sued for breaking the law again.
If I was a millionaire I would sponsor the legal fees for this cause and I would also sponsor this man so he gets more seats in Parley at the same time position myself to enter the lucrative herb commerical farming.
All the above with conditions he cleans up and looks presentable to the average electroate.
Ms Mwanakatwe has no morals or principles. After being refused a stay of execution and that having been appealed for at Concourt how can Margaret Mwanakatwe masquerade as Minister and how and why does Lungu allow this lawlessness? This man though a lawyer has absolutely no respect for Zambia’s Constitution and Rule of Law. No wonder Zambia is in such a mess and now a lawless Society.The fish rots from the head downwards. Lungu is lawless and is a bad role model to his illegal Ministers.
Ministers are appointed from among MPs. Her position is currently precarious. How can she still be clinging like a tick to something that is hanging by a thread? Or are they sure they will rig the concourt appeal? Kwena pa Zed pa musebanya uwabipa inganshi! Ingako comene!
Comment:whatever criticism you make it wont help you. Secondly unless you are not a news follower, dont you see President Lungu attending Church? Come one day and worship with us at Trinity Baptist Church-Mtendere East and you will believe he does attend Church.It doesnt matter to see him or him announcing he is going to Church as though he is showing off, it is good to attend Church quietly like any other worshipper. Please if you don’t have what to talk about it would be good for you to keep silence. We are tired of your continious insults to the peaceful and quiet man. Give him time to develop the nation zambia, muzaleka liti ba UPND kulila imwe?.
Another Wako defending his Wako in something indefensible!
Why this fixation on church kansi? It is like someone said kuti visiting a garage every week does not make you a car!!! Awe mwe!
How about preaching the truth man of God? Is what is being discussed the truth or not? Has the Law of this country been respected by those in power? Help your congregants by leading them to true salvation.
Edgar chi puba
We are being led by ama hule ne chipuba
it is agonizingly discomforting to bear witness to a fast declining nation. The frequency and verocity with which we spray our leaders and institutions with vile is disturbing at worst. It is still possible to dissent without resorting to such foul and desrespectful language towards leadership whether incumbent or in opposition. We are lucky to be an educated nation and as such capable of intelligent discourse. Get pro active and contribute to the constitution debate and then run for office so we can vote for you since everybody else is a thief and unconstitutional.
As an ordinary citizen you can commence a case against the president or the executive
THERE’S TOTAL DISREGARD OF LAW AND THE CONSTITUTION UNDER LUNGU’S LEADERSHIP BEGINNING FROM HIMSELF AND EXAMPLES ARE MANY. A PRESIDENCE WAS SET BY LUNGU WHEN CLINGED TO ACT AS PRESIDENT WHEN SATA DIED UNTIL HE HAD TO BE REMOVED BY THE BRAVE MUMBA MALILA. SO WHAT DO EXPECT FROM HIS MINIONS??
THE MATTER IN STILL IN COURT. DONT DISPLAY YOUR IGNORANCE HERE. JELOUSY IS BAD.
Talk, talk, talk on until 2021.
Why doesn’t opposition raise this issue in Parliament to clear the air????
A good observation Naomi. Now do you really think the answer would be any different? we are in a hopeless mess as a nation. We have leaders who have continued to rape our constitution without shame. God help us. I feel, It’s safer to be an unknowledgeable, uneducated Zambian. This way, one wouldn’t be affected by the happenings in Zambia.
Lungu’s record of breaking the Law is legendary. From stealing a client’s trust funds to keeping Ministers illegally in their posts, refusing to step aside for the Speaker to act as President during the Petetion Hearing and allowing two Ministers to continue serving after being disqualified as MPs. Lungu though a lawyer has no respect the Zambian Constitution and Rule of Law.No wonder he is illegal and illegitimate. This man does not learn from past mistakes and makes no attempt to be constitutional.
Will all the nay Sayers please read comment No.1. Apparently she IS allowed to carry out her duties in the mean time.
All you nincompoomps, look around you worldwide and be careful what you wish for cos you may just get it.Anarchy is not and never an option. Be civil in both thought and word and join in productive conversation. The annoying habit of insulting and disrespecting leadership is unsettling. surely there is room somewhere for our nation to start to agree to disagree honorably! Only constructive criticism an unfettered patriotism will help lead us to change you so desire.Remember that if we keep polluting our political culture the outcome will be polluted.Please put thought to your posts especially when it comes to our female leaders. Read the articulate piece by MS musonda of LAZ on the power of the WORD. Idont know her but couldnt be more impressed.