To those supporting President Lungu’s illegal third term

Filed under: Latest News,Politics |
592 Views

President Lungu

MacDonald Chipenzi writes:

267. (1) This Constitution shall be interpreted in accordance with the Bill of Rights and in a manner that—(a) promotes its purposes, values and principles;(b) permits the development of the law; and(c) contributes to good governance.

Being an amended Constitution and not a new constitution as some are cheated to believe, there has been no break in the law being in force and there has no repeal of the Constitution.

Article 35 of the 1996 constitution perfectly applies to a term for President Lungu and states “Notwithstanding anything to the contrary contained in this Constitution or any other law a person who has twice been elected as president shall not be eligible for re-election to the office,”

While, article 106 (3) of 2016 constitution states, “a person who has twice held office as president is not eligible for election as president.” Article 106(6) does not cover a person who becomes president without having been a running mate vice president.

Most of those who have spoken on the issue in support of this misplaced bid, have arrived at the conclusion based on a wrong premise that it’s because he was 2ndly elected under a new constitution so we should not count the election under the old constitution.

That’s not correct because we don’t have a new constitution. It’s an old constitution that has been amended. Any provision that has not been amended continues as though nothing has happened to the constitution.

As Article 264 (3) clarifies “a provision of this Constitution shall be construed according to the doctrine that the law is continuously in force and accordingly.

Those still in doubt can also read the Constitution of Zambia Act No 1 of 2016 which is a transition Act. So this debate on whether or not one is eligible to contest 2021 general election as president must be dismissed out-rightly.

I finally end by reminding all citizens the instructions from the constitution under article 43(2) which demands that “a citizen shall [among others] endeavour to (a) acquire basic understanding of this Constitution and promote its ideals and objectives.

More updates www.zambianeye.com

Facebooktwittergoogle_plusredditpinterestlinkedinmail

7 Responses to To those supporting President Lungu’s illegal third term

  1. Lungu was not Democratically ,Legally and Constitutionally elected President. Lungu has no Respect for the Rule of Law and the Zambian Constitution. He sees no value in Good Governance and respect for Human Rights. To Lungu the end objective justifies the means. Lungu’s Strategy is to firmly establish a One Man Party Dictatorship and Rule Zambia for life. If it means abrogating the Zambian Constitution so be it.Lungu has abrogated the Zambian Constitution several times and to achieve his Dictatorship goal Lungu will amend the Constitution in Parliament where PF has a majority vote. The obstacle to Lungu’s Dictatorship cannot be the Constitution becoz Lungu can change the Constitution as he wishes.

    Mwansa
    June 4, 2017 at 7:22 am
    Reply

  2. Yes, the man has got no aorta of respect for the constitution of this country and it’ s apparently clear that he has got his own ill agenda to accomplish. Even those who were singing Dununa reverse for this upcoming Lucifer are now regretting that the man is a wrong person at State House. One would wonder what law Edgar Chagwa Lungu studied at school because the man seem to be a lost aircraft in space.

    Mukwikile Matumbo
    June 4, 2017 at 1:15 pm
    Reply

  3. The `conshusion’ was trashed some time in august last year pa handover during petition,then what remained bana pombelamo maskono yomwela tea pa break ya mu concourt pa ruling ya ministers continuing mu office pamasanko,otherwise tikali tisakila….kikikiki

    The spectator
    June 4, 2017 at 10:17 pm
    Reply

  4. THANKS FOR THE HEADS UP SOME SPONSORED INDIVIDUALS WERE ADVOCATING FOR THIS INDEED TOO BAD FOR WASTED DANCES AT STATE HOUSE. THE KEY POINT HERE IS THE NUMBER VOTED INTO OFFICE TIME IS NEGLIGIBLE THEREFORE DOESNOT COUNT. WHETHER VOTED IN OFFICE FOR A DAY OR A YEAR IT DOESNOT MATTER WHAT COUNTS IS HOW MANY TIMES PEOPLE HAVE VOTED FOR YOU ACCORDING TO ARTICLE 106 (3) OF 2016. article 106 (3) of 2016 constitution states, “a person who has twice held office as president is not eligible for election as president.” THIS SIMPLY MEANS THAT EDGAR CHAGWA LUNGU IS NOT ELIGIBLE TO STAND IN 2021 UNLESS THE CONSTITUTION RESTATES THAT “THE CONSTITUTION CAN BE AMENDED IN ORDER TO SATISFY ONE MAN`S WISH ” BECAUSE WE VOTED FOR HIM TWICE IN OFFICE. THERE IS NOTHING LIKE I HE WAS COMPLETING SATA`S TERM . IGNORANTS AND SUPPORTERS OF STUPIDITY PAY ATTENTION AND READ THIS ARTICLE CAREFULLY IF POSSIBLE 3 TIMES A DAY.BEING IN OFFICE MAXIMUM 2 TIMES.
    SO, WHAT DOES CHITIMUKULU WHO HAS STUDIED AND GOOD AT LAW SAY? WHEN WILL HE RELEASE AN ARTICLE TO URGE LUNGU THAT HE DOES NOT QUALIFY TO STAND THE THIRD TERM? THEN PEOPLE WILL KNOW THAT SURELY HE IS A WISE MAN AND HE IS ABLE TO PROVIDE GUIDANCE ON THIS MATTER. I ENJOYED READING HIS ARTICLE.

    NDANDE ATISHANI
    June 5, 2017 at 11:29 am
    Reply

  5. Chipenshi is not the right person to interpret the constitution.He, actually, has done so without declaring interest.
    The question is: Are we following the 1996 constitution or the 2016 constitution?
    Mr Chipenshi you are 20 years behind please read the new constitution which will be used in 2021.

    Mbo Mbubo
    June 5, 2017 at 2:15 pm
    Reply

  6. @Mbo mbubo be clear to agree on one thing the constitution we’re using now ain’t new as in brand new,its the same old document with a few amendments here and there chapwa…

    manluche
    June 5, 2017 at 5:15 pm
    Reply

  7. Please donot argue without data the `2016 constitution` While, article 106 (3) of 2016 constitution states, “a person who has twice held office as president is not eligible for election as president.”UNLESS THE CONSTITUTION RESTATES THAT “THE CONSTITUTION CAN BE AMENDED IN ORDER TO SATISFY ONE MAN`S WISH ” BECAUSE WE VOTED FOR HIM TWICE IN OFFICE. THERE IS NOTHING LIKE I HE WAS COMPLETING SATA`S TERM . research then debate.

    NDANDE ATISHANI
    June 6, 2017 at 9:01 am
    Reply

Leave a Reply

Your email address will not be published. Required fields are marked *