Government has assured that presidential elections will be held within 90 days in compliance with constitutional and legal provisions following the death of President Mwanawasa.
Justice Minister George Kunda said at a Press briefing in Lusaka yesterday to explain the available Constitutional and legal provisions following the death of President Mwanawasa that all provisions would be strictly adhered to.
He said the date for the election would be announced in accordance with the constitution and the Electoral Act after consultations between the Ministry of Finance and the Electoral Commission of Zambia (ECZ).
“This is a Government of laws which believes in constitutionalism and will follow all legal and constitutional provisions to ensure that elections are held within 90 days,” he said.
On the availability of resources for the elections, he said that the country had no choice because constitutionally, the presidential election was inevitable and that Government believed in constitutionalism.
He, however, said that according to the Constitution, any person who would be elected under these circumstances would only finish President Mwanawasa’s term and thereafter become eligible for a single five-year term according to Article 35 (2).
“Such a person could potentially only hold office for a maximum period of eight years. Such person will have twice been elected and will not be eligible to seek a further term,” he said.
He said that after the death of President Mwanawasa on August 19, Vice-President Rupiah Banda took over as acting president but was not required to take the presidential oath because there was no legal requirement.
“He will merely act as president in the interim period before the assumption of office by the new president to be elected. Neither the Constitution nor the Official Oaths Act provides for the oath of office for an acting president,” he said.
The vice-president already subscribed to an oath of office as vice-president and merely became acting president by virtue of being the substantive vice-president hence he was not assuming the office of the president to require an oath.
Mr Kunda said that although an acting president had power to perform all the functions of the president, he could not dissolve the National Assembly or revoke any appointment without Cabinet advice.
He said there would not be any general elections because parliament was not dissolved and the new president to be elected would only fill the presidential vacancy.
Asked what would happen if an opposition leader was elected as president, he said that Zambians had experience on Government operations and knew that it was better to have a president who was supported by members of Parliament.
[ZNBC]