Zambian Singer, Ariel, recently recently released an EP called “I am Ariel” . It consists of 6 songs .
Ariel talks about the Ep in the following interview.
BY KAPA187
Has Attorney General Musa Mwenye and Guy Scott Conducted A Coup D’état Going by Article 36 ?
By Misheck Shulumanda, Zambia
Countrymen and women,
Following the issues raised by Brigadier General Geoffrey Miyanda regarding Vice President’s Guy Scott’s ineligibility for both Presidency and Vice Presidency, I also want to add that Article 34 dealing with the parentage clause has not been amended and as such it would be irregular that he would qualify just on the basis of the judgement in the Frederick Chiluba case. As the law stands, by fact, Dr. Scott is disqualified by the parentage clause.
I also want to add another dimension and contest that Hon. Edgar Lungu is still the Acting President of Zambia and can only cease to perform functions of the Presidency once the speaker has informed him of the President’s return or indeed to an elected President. It does not provide anywhere that Hon Lungu can handover to another Acting President but to a substantive one.
Zambians know that when the late President Michael Sata left the country for the United Kingdom, the nation was informed that he was going for medical check-ups. The implication of this would be that President Sata left the country under Article 39 (1) of the Constitution of the Republic of Zambia which deals with Discharge of functions of President during absence, illness etc.
Under this provision, the Acting President can only hand over the instruments of power upon the return of the President, or upon the election of a substantive President. It does not provide for anywhere that the instruments of power shall be handled to another Acting President and I challenge the Attorney General to provide a legal opinion on this matter. By practice, the letter of appointment to Act provides for a section giving the President the said powers or indeed where he is deriving that authority. But more importantly in this case, the President should indicate under which law he is appointing the Acting President.
Article 39 (1) (2) (3) reads as follows:
39. (1) Whenever the President is absent from Zambia or considers it desirable so to do by reason of illness or for any other cause, he may by direction in writing, authorize the Vice-President, or where the Vice-President is absent from Zambia or is incapable of discharging the functions of the office of President, any other person, to discharge such functions of the office of President as he may specify, and the Vice-President or such other person may discharge those functions until his authority is revoked by the President.
(2) If the President is incapable by reason of physical or mental infirmity of discharging the functions of his office and the infirmity is of such a nature that the President is unable to authorize another person under this Article to perform those functions-
(a) the Vice-President; or
(b) during any period when the Vice-President is absent from Zambia or is himself, by reason of physical or mental infirmity, unable to perform the functions of his office, such member of the Cabinet as the Cabinet shall elect; shall perform the functions of the office of the President: Provided that any person performing the functions of the office of President under this clause shall not dissolve the National Assembly nor, except on the advice of the Cabinet, revoke any appointment made by the President.
(3) Any person performing the functions of the office of President by virtue of clause (2) shall cease to perform those functions if he is notified by the Speaker that the President is about to resume those functions or if another person is elected as, and assumes the office of, President.
As a layman, I seek to ask the following questions:
1. If the President appointed Minister of Defense and Justice, and PF Secretary General Hon Edgar Lungu to act under Article 39 (1), on what basis did the Attorney General advice Cabinet that Dr. Guy Scott is the rightful person to Act?
2. Why did the Attorney General only rely on Article 38 which deals with vacancy in the office of the Presidency without addressing himself to Article 39 (1) under which Hon. Lungu should have been appointed since the President left the country for medical purposes?
3. Why is it that President Sata never allowed Vice President Guy Scott to act as President if not for the reasons that he was incapable to perform functions of the office of President? Why should he act now that he is dead?
4. Was President Sata on the wrong side of the law when he asked others to act even when the Vice President was verily available in the country?
I urge Cabinet to inform the nation on the status of this matter otherwise Zambians should consider what transpired today to be a coup which should force the Attorney General to step down and Guy Scott giving back the instruments of power to the rightful holder until a substantive President is elected. The courts must come in to provide interpretations of the law. If the President appointed Hon. Lungu to act under Article 39, I contest that Edgar Lungu still remains the Acting President until a substantive President is elected within 90 days.
President Sata’s son Gerald recounts last moments on his facebook page
“Goodnight my son. I love you and always will love you,” President Sata said to his son Gerald hours before he died.
Gerald in a tribute to his father laments how President Sata called him informing him that he would be travelling back to Zambia on Friday.
“You called me at 20:00 hours to say goodnight. You asked me if I had brushed my teeth and if I had done my studies,” Gerald says in a posting on his Facebook page.
“You laughed at me on phone saying I am a lazy chap and need to wake up at 03:00 hours to study, you said to me goodnight my son I love you and always will love you,” he added.
Gerald said his father later sent him a text reminding him to see him by 06:00 hours because it was going to be a daddy and son day.
“So I got up today, got ready and waited to be picked up to come and meet you, I reached where you are, everyone else was sad, but I smiled to them and laughed, I said where is my daddy, nobody answered me,” he said.
“I looked for mommy, I couldn’t see her, I looked for you but I was not told where you are till I saw Mom come out from that room looking very sad and crying,” Gerald said.
“I know Mom to be a very strong woman but today I saw her cry, she hugged me and told me you have gone to be with God, you have gone to a better place, a place where you will not suffer no more, a place where you will rest peacefully, she told me you told her to tell me to take care of her.”
The Full Post on facebook
I SPOKE to you yesterday, you told me you would be going back to Zambia on Friday because you needed to work, you asked me to come and see you as early as 06:00 hours, you called me at 20:00 hours to say Goodnight.
You asked me if I had brushed my teeth and if I had done my studies, you asked me what shoe size I am because you wanted to buy me a new pair of shoes, you laughed at me on phone saying am a lazy chap and need to wake up at 03:00hrs to study, you said to me Goodnight my son I love you and always will love you.
A few minutes later you sent me a Text Saying Please don’t forget to come and see me by 06 :00 hours you and I were supposed to have breakfast, Lunch and supper together it would have been a daddy and son day today..
So I got up today got ready and waited to be picked up to come and meet you, I reached were you are , everyone else was sad, but I smiled to them and laughed, I said were is my Daddy, no body answered me,
I looked for mommy couldn’t see her, I looked for you but I was not told were you are till I saw Mom come out from that room looking very sad and crying, I know mom to be a very strong woman but today I saw her cry, she hugged me and told me you have Gone to be with God, you have gone to a Better place, a Place where you will not suffer no more a place where you will rest peacefully, she told me you told her to tell me to take care of her.
But Daddy I still can’t believe you are gone, I have no purpose to live anymore, you are my hero, my life, my everything now you are gone, I have no more reasons to live on earth, without you my life means nothing, I am Finished, I am coming to be with you daddy wait for me, am coming.. Dadddy why, Daddy Noo nooo …
My Dad Michael Chilufya Sata am coming.. Daddddyyyyy whhhhhhhyyyyyyyyyyy
— feeling lost in London, United Kingdom.
Sata’s death will affect the economy in the short-term-EAZ
THE business community in Zambia said President Michael Sata’s death will affect the economy in the short-term but that the long-term targets will remain on course.
The Economic Association of Zambia (EAZ) said it anticipated that the death of President Sata will not affect the country in any way in the long-term while Private Sector Development Association (PSDA) said in the short-term the development will bring about a lot of anxieties within the private sector.
EAZ president Isaac Ngoma said that it was expected that in the medium term, the economic fundamentals would not be affected.
“We do not expect that the death of President Sata will disrupt the country’s economy. We anticipate that even the Kwacha will not be affected in any way,” he said.
He urged the business community and the national leadership to remain focused and manage national affairs with integrity during the transition period.
“We would like to urge all the visitors in the country and investors in particular to remain calm, focused and reflect on the passing of our President and shaping the future of the country,” he said.
President Sata 77, died on Tuesday in London.
Mr Ngoma assured the business community that the business operations in the country would not be disrupted.
He urged foreign investors in the country to move on with their business plans as the economy
had remained in safe hands.
PSDA chairperson Yusurf Dodia said in the short the death would bring about anxiety within private sector as they would be concerned about the policy and direction of Zambia’s economy at this time.
He said it was important for Zambians to respond to the passing on of the President in a very strategic and constitutional manner, so that the nation could be run in stable way.
Mr Dodia said currently many African countries were going through challenges due to political instability but that Zambia had always remained true to provisions of the Constitution as experienced after the death of late President Levy Mwanawasa.
“Time has come for Zambians to be mature as after reflecting on 50 years of independence, we have the capacity to manage the transition from one President to another without shaking the foundations of our economy.
“We pray that all Zambians including the leadership will act with wisdom and constitutional guidance as we go through this difficult time in our history,” he said.
BOZ says economy still stable after Sata death
The Bank of Zambia (BOZ) has assured the nation that the financial sector and the Zambian economy remain fundamentally strong and resilient as the nation mourns the tragic loss of President Michael Sata.
Conveying condolences to the First family in a statement availed to ZANIS in Lusaka this evening, BOZ Governor Michael Gondwe said the financial sector remains well capitalized and sound.
President Michael Sata died at King Edwards the Seventh hospital in Central London at 20:11 hours last night.
Secretary to the Cabinet Rowland Msiska announced the death of President Sata to the nation on ZNBC Radio and Television in Lusaka this morning.
Meanwhile, Dr Gondwe observed that at a time like this it was expected that financial markets may become unsettled leading investors and individuals to take measures that reflect market uncertainty rather than any change in the fundamental strength and resilience of the economy.
He allayed fears of sudden changes to the country’s economic set up insisting that the fundamental drivers of the economy remain firmly in place.
Dr Gondwe, who was recently voted 2014 Bank Governor of the year, said the Bank of Zambia stands ready to provide support to the market as required during such a difficult time.
The Central Bank Chief said that the country’s economy has demonstrated resilience throughout the year amid challenges faced in the foreign exchange markets.
He said measures have been taken to address the challenges as demonstrated by the relative stability seen over the third and fourth quarters of the year.
Dr Gondwe assured that the Central Bank will remain resolute in ensuring that macroeconomic stability is maintained to support the continued growth and diversification of the economy.
Parliament adjourns indefinitely following the death of President Sata
PARLIAMENT has adjourned indefinitely following the death of President Sata.
Deputy Speaker of the National Assembly Mkhondo Lungu said yesterday that Parliament will remain adjourned until further notice to facilitate the funeral and burial of Mr Sata.
Mr Lungu adjourned the proceedings of the House after reading a message informing members of Parliament (MPs) about the death of Mr Sata.
“Honourable Members of Parliament, as you are aware, His Excellency the President of the Republic of Zambia Mr Michael Chilufya Sata has passed on.
“Therefore, let us observe a minute of silence in honour of our departed President. Further, the House will be adjourned until further notice to facilitate for the funeral and burial of President Sata,” he said.
And people from all walks of life have paid glowing tribute to late President Sata.
Veteran politician Vernon Mwaanga has urged the country to unite and put political differences aside in order to give President Sata a decent state funeral which he deserved, before getting back to the constitutional requirement to elect a new president within the next 90 days.
Mr Mwaanga said the nation should mourn in a respectful and dignified manner and honour President Sata.
Zambia Congress of Trade Unions (ZCTU) secretary general Roy Mwaba has called on all Zambians to unite and mourn the death of President Sata with and dignity.
Mr Mwaba said during a press briefing yesterday that the labour movement is shocked to hear of the death of the president.
Mr Mwaba noted that the late president worked tirelessly to bring development to the people of Zambia.
Gender and Child Development Minister Inonge Wina says the death of President Sata is devastating not only to the Patriotic Front (PF) but to the nation as a whole.
Ms Wina, who is also PF chairperson has since described the late President as a gallant fighter for the rights of the poor, especially women and children.
And some traditional leaders have joined the country in mourning the demise of President Sata.
Chief Madzimawe said it is unfortunate that the nation can lose three leaders in Levy Mwanawasa, Frederick Chiluba and President Sata in less than seven years.
Meanwhile, Chief Sipatunyana of Kalomo said President Sata will be remembered for creating the Ministry of Chiefs and Traditional Affairs that is mandated to address the plight of chiefs
And North-Western Development Council of Elders Chairperson Lucas Chikoti has described the death of President Sata as painful, reports Buttyson Kandimba.
Mr Chikoti said in an interview yesterday that the people of North-Western Province have learnt the death of President Sata with great sorrow and described it as painful.
And scores of Mbala residents have received the news of the passing on of President Michael Sata with deep shock and devastation.
And District Commissioner Best Kabulembe has called on Mbala residents to remain calm, united and peaceful during the mourning period.
People spoken to by ZANIS after the news filtered through that the President had died, many residents said they were ravaged with grief and described the death of Mr Sata as a shock and loss to the nation.
They said the country has again been robbed of a gallant leader who devoted all his life time to ensure that the lives of the poor and marginalized people in the country were improved.
And Mr. Kabulembe this afternoon addressed heads of government departments with the call for the members of the public to remain calm, united and peaceful during the period of mourning.
He has since cautioned public workers and Mbala residents in general against disorderly, unlawful assembly and reckless statements but that they should mourn President Sata with honour and dignity
George Chellah pays tribute to President Sata
Mr President, you lived your entire life serving.
In all portfolios you held selfless service was your way of life. Your fearless passion for the country and love for its people was the daily anthem on your lips. You courageously rejected any form of prejudice on the poor majority and marginalised in our society.
From afar, you appeared aggressive but up close you radiated untold warmth and meekness. No wonder you took immense pride in identifying yourself with the people at every circumstance of your life.
Humility was your greatest strength and forgiveness your greatest weakness. You were dearly loved because your strength and weakness synergised thereby spreading unusual affection and compassion, amongst multitudes.
You inspired many people to forgive, care, reconcile and be tolerant regardless of the situation.
I can attest to this because it’s these very noble principles that changed and shaped my character over the past 10 years I have closely worked with you. I count myself blessed and honored to have had the opportunity to serve you, right from the age of 24 to this day.
If truly success is measured by influencing one’s environment by investment of your personality and selflessness, then Mr President you are no doubt a success! The kind of success that deserves praise and imitation.
Mr President, now as I grieve your departure, I am gradually accepting what has happened with a lump on my throat knowing fully well that I will never see you again. Your life in the camera is all I am left with.
Sad as it may, I am comforted by the fact that you have left a legacy. A legacy of honesty, personal sacrifice and hardwork. Right from the campaigns, your words still echo in my ears and I quote: “…ndefwaya nga nafwa mukalelanda ati twalikwete abaume pantu ndeisa mukuchinja Zambia.”
Indeed, you have left Zambia better in the three years you have been in-charge and through your works you will forever be present in our lives.
Thank you for all opportunities you availed me but most of all thank you for believing in me regardless of my age.
Go well Mr President, Farewell Ba Kateka!
The author is President Sata’s special assistant for press and public relations.
Why Guy Scott is legally qualified to Act as President
By Chanda Chisala
Article 38 (2) of the Constitution of Zambia says:
“Whenever the office of the President becomes vacant, the Vice-President or, in the absence of the Vice-President or if the Vice President is unable, by reason of physical or mental infirmity, to discharge the functions of his office, a member of the Cabinet elected by the Cabinet shall perform the functions of the office of the President until a person elected as President in accordance with Article 34 assumes office.”
The debates about Guy Scott’s eligibility to act as president have haunted Africa’s only Caucasian vice-president from the time he was appointed as the late Mr. Michael Sata’s (MHSRIP) number two. The president himself was apparently unsure about the qualification of Scott as an acting president and he opted to always choose someone else to act in his stead whenever he was away from the country. Some citizens believed that a person should only act as president if he is qualified to stand as a presidential candidate, with the presidential qualifications given in Article 34. The Constitution does not say any such thing anywhere, of course, but those who promote this view claim that it is what makes logical sense. They ignore the fact that the whole point of a Constitution or indeed any law is to state things explicitly in case of different views, and if Article 34 was necessary in Article 38 above, it would have easily stated so.
That debate was forcefully resurrected on blogs and social media after the unfortunate death of the president of Zambia on October 28th.
But the Constitution is not only extremely clear on this issue, it is also very logical.
Scott is qualified to act as president simply because he is qualified to be a Vice President. Acting as president is not the same as standing for elections to the office of the president. The fact that it is temporary is what makes it a lighter affair.
The Constitution says the Vice-President should not act only if he is unable “by reason of physical or mental infirmity.” It mentions no other reason for which the Vice President would be “unable” to act.
If, as General Miyanda and others have constantly argued, a Vice President should have Zambian-born parents like a presidential candidate, then he should also have all the other qualifications of a presidential candidate. But the president is not required to choose a vice-president only from those who have attained the age of 35, for example. The Constitution allows him to pick anyone from the National Assembly, and qualification to the National Assembly does not require that one should be at least 35.
We can easily see why this makes sense if we imagined a situation where a Youth Party won all the parliamentary seats in an election while being led by an older man who is over the age of 35. By the reasoning of General Miyanda, such a president would not be permitted to choose anyone from the National Assembly as his Vice President because they would all be under the age of 35.
How do we know that Edgar Lungu, for example, was fully qualified to be a presidential candidate since he was acting president when the president left the country? Has he sworn an affidavit to say that his parents are Zambian-born? Has he sworn that he has been “domiciled in Zambia for the last twenty years”? It’s obviously ridiculous to expect that every time a president is leaving the country, he should first make sure that the person he chooses to remain acting for him has been domiciled in Zambia for twenty years, etc etc etc, which would only undermine the purpose of such an efficient executive tool.
If we accept that no such requirements are necessary for one to act as president when the president is out of the country, it is easy to see why the Constitution also wisely omitted any such stringent qualifications from a person who is to temporarily act as president in the case of a president’s death. After all, he is not really even acting as president since the Constitution does not permit him to do some things that a real president is empowered to do, like dissolving National Assembly or firing presidential appointees, etc. It is merely a holding position that should be held only for a short time and as such it would be illogical to put too many qualifications on it.
Acting President Guy Scott appeals to Zambians to remain calm and united
Acting Republican President Guy Scott has appealed to Zambians to remain calm and united during the period of national mourning for President Michael Sata.
Dr Scott Scott has announced that a period of national mourning for the Head of State starts today Wednesday 29 October 2014.
He urged Zambians to observe the period of national mourning in a peaceful and respectful manner and observe the rule of law.
Dr Scott said he received the news of President Sata’s death with shock and deep personal sorrow especially that he loved him as a friend and leader.
He said he benefitted a lot from his close friendship with President Sata and advice and guidance in working together to build a better Zambia.
Dr Scott said the Presidential by-election will take place within the next 90 days in accordance with the provisions of the Republican Constitution.
He assured that he will diligently oversee the process of electing a new President in accordance with the provisions of the Constitution.
Dr Scott said the nation will be informed in due course about the burial arrangements for President Sata.
Dr Scott said the Zambia Police will be vigilant to maintain peace and will not hesitate to enforce law and order.
The Media Institute of Southern Africa (MISA) says it has learnt with deep shock about the death of President Michael Sata.
MISA Zambia Chairperson Hellen Mwale said it was sad that the death of President Sata had come at the country was celebrating its golden jubilee of independence.
In a statement issued to ZANIS in Lusaka today, Ms. Mwale said the President will be remembered for his contribution towards media freedom.
Ms. Mwale named some of the media reforms as the creation of the Independent Broadcasting Authority (IBA) and the Zambia Media Council (ZAMEC).
She has since conveyed the deepest condolences to the President’s family and wished them God’s comfort during this sad period.
FAZ mourns President Sata
The Football Association of Zambia (FAZ) says it is saddened over the death of Republican President Michael Sata.
President Sata died on Tuesday night in the United Kingdom after an illness.
FAZ vice President Boniface Mwamelo said the football fraternity was shocked over the passing away of President Sata.
“We are saddened with the passing away of his Excellence PresidentMichael Sata. He supported us as FAZ and the national team,” Mwamelo said.
The late head of state was the patron of FAZ.
“We won the 2012 Africa Cup under his leadership. We send our condolences to the first family and the entire nation,” Mwamelo added.
Secretary to the Cabinet Dr. Rowland Msiska confirmed President Sata’s death on Wednesday morning.
Nevers Mumba and Edith Nawakwi mourn President Sata
MMD President Nevers Mumba has described the death of President Michael Sata as devastating to every Zambian.
Dr Mumba has since sent his deepest condolences to the family of President Michael Sata, to the Patriotic Front and the Zambians on the death of the Head of State.
Dr. Mumba says the death of President Sata is touching and that Zambian people are mourning with the family of the late President.
He adds that this is a time for political parties to put aside all their political differences and join the country in mourning.
Dr Mumba has encouraged the Zambian people to join hands and give President Sata a befitting sendoff.
The MMD leader has further urged the people of Zambia to pray for peace and unity in the nation during the transition period and also pray for wisdom for the Patriotic Front as they oversee the transition.
And Forum for Democracy and Development (FDD) leader Edith Nawakwi says the death of President Michael Sata is devastating.
Ms. Nawakwi says it is sad that the President has died at a time the country is celebrating its 50 years of independence which he should have witnessed and celebrated with the people.
She says the people of Zambia were in one way or the other touched by the smile of President Michael Sata as he lived amongst them, Laughed and joked with them as well as made them, but that sadly today, the tears of the Zambian people flow endlessly.
She notes that the pain is too much for the people of Zambia to bear.
Ms. Nawakwi says Zambians must get together and comfort each other without looking at which political party one belongs to.
The FDD leader they belong to as President Sata was not just President for one Political party but for all Zambians.
Ms Nawakwi has since encouraged Zambians to be strong and mourn the President peacefully.
Ms. Nawakwi further states that her heart goes out to the first lady, the family and the people of Zambia.
Guy Scott to act as President till election
Vice President Guy Scott will act as President of Zambia following the death of President Michael Sata.
Patriotic Front (PF) Secretary General Edgar Lungu said Dr. Scott will act as President until the country goes for a presidential by-election.Mr. Lungu, who is also Minister of Justice and Minister of Defence, explained that article 38 (2) of the constitution of Zambia provides that in the absence of the President, the Vice President will act in that capacity.
Mr. Lungu said this at a press briefing in Lusaka today.He said Zambia was going through a difficult time and therefore appealed for calm among all citizens as the nation mourns the late President.
And Mr Lungu has called on party members and Zambians in general to remain united and peaceful amid the news of President Michael Sata’s death.
Mr. Lungu said remaining united during the mourning period would mean carrying out the late President Sata’s spirit of unity, love and tolerance.
He said in a statement to ZANIS today that the PF was profoundly saddened by the death of President Sata.
“We are saddened by the death of President Sata because his vision for development and his programmes to fight poverty, diseases and underdevelopment was only beginning to bear fruits,” he said.
Mr. Lungu further said the death of Mr. Sata has robbed Zambia, Africa and the whole world of a gallant, patriotic, dedicated and visionary leader.
President Sata died at King Edwards VII Hospital in London at 20:11 hours.
First Lady Christine Kaseba and President Sata’s son, Mulenga, were by the bedside when Mr. Sata died.
Secretary to the Cabinet Rowland Msiska said funeral arrangements will be announced later.
Msiska urges people not to travel to Lusaka for the Presidential funeral yet
Following the passing on yesterday of His Excellency the President of the Republic of Zambia Mr Michael Chilufya Sata at London’s King Edward VII Hospital in the United Kingdom where he had been receiving medical attention, I wish to advise members of the general public outside Lusaka not to travel to Lusaka for the funeral until Government has given guidance on the funeral and burial arrangements of our departed President.
Dr Roland Msiska
SECRETARY TO CABINET
29th October, 2014
Statement by the U.S. Ambassador-designate Eric Schultz upon the death President Michael Chilufya Sata
On behalf of the American people and the U.S. Embassy, I am deeply saddened by the passing of His Excellency the fifth Republican President of Zambia, Michael Chilufya Sata. President Sata was a man of the people who was strongly committed to building his country during its first 50 years. We recognize his many accomplishments and his passion for advancing Zambia’s development.
We join the Zambian people, Dr. Christine Kaseba-Sata and President Sata’s family in mourning his passing. The United States and the American people will always remain committed to our Zambian friends, especially at this time of mourning and sorrow. We will continue working closely with the Zambian Government moving forward and anticipate a peaceful and constitutional transition.
Statement by the Grand Coalition on the passing on of President Michael Sata
The Grand Coalition on the Campaign for a new People Driven Constitution in Zambia has learnt with great shock about the passing on of the President of the Republic of Zambia, His Excellency Michael Chilufya Sata.
We would like to express our deepest condolences to his family and the people of Zambia over this loss.
Following the death of President Michael Sata, the Grand Coalition would like to inform the nation that we have cancelled our Press Briefing that was scheduled for tomorrow Thursday 30th October 2014 at the Jesuit Centre for Theological Reflection (JCTR) in Lusaka.
Fr. Leonard Chiti
Chairperson, Grand Coalition Campaign for a People Driven Constitution in Zambia