PATRIOTIC Front (PF) Members of Parliament attending the National Constitutional Conference (NCC) will not support plans to impeach President Rupiah Banda because he has not violated the Constitution, spokesperson, Peter Machungwa has said.
Dr Machungwa said in an interview in Lusaka yesterday that there was no Article in the Republican Constitution that the president had violated and the 18 PF MPs attending the NCC, therefore, found the calls to move the impeachment motion to be misguided.
“You only impeach the president if he has abrogated the Constitution and nobody has given any evidence showing that the president has violated the Constitution. In short, this thing is a non-starter,” Dr Machungwa said.
He said Article 37 of the Constitution stipulates the conditions under which an impeachment motion could be instituted against a president if the office holder had violated the Constitution.
He said an impeachment motion should be instituted through a notice given to the Speaker in writing and signed by at least one-third of Parliament, representing 53 MPs and that is not achievable under the current composition of the House.
The MMD has 81 MPs, PF 40, and UPND 22, while the United Liberal Party has three and UNIP one member.
Dr Machungwa said after its introduction and exhaustive debate, the impeachment motion could only be passed with the support of two-thirds of Parliament, representing 106 MPs.
In the event that such a motion was passed, a tribunal would then be appointed by the Chief Justice.
But even after its findings, the actual impeachment would need the support of three-quarters of the MPs.
Dr Machungwa, who is Luapula MP, said even other PF MPs not in his camp were against the motion to impeach President Banda because of the realisation that he had not violated the Constitution.
“Even assuming that there was no split in the PF, I know that some members will still not support the motion because they know that it is a non-starter,” Dr Machungwa said.
He said that MPs and opposition leaders pressing for the impeachment motion should produce evidence that President Banda has violated the Constitution, which he swore to uphold.
[Times of Zambia]