2021 election could have been thrown into a major constitutional crisis  just weeks before elections date- LAURA MITI

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LAURA MITI WRITES WHAT HAPPENED IN 2021

She wrote…

I hope one day someone writes a book about how the 2021 election could have been thrown into a major constitutional crisis, just weeks before.

Let me just say that one opposition leader, with no chance to win the election, even if their votes were trebled, almost became highly consequential.

This person almost withdrew their candidature. No one knows why, but strong rumours were that a juicy bribe, by kaya, had been offered. Aim was that, in accordance with Article 52 of the constitution, the withdrawal after nomination would result in the  cancellation of the election by the ECZ. Fresh nominations would have to be filed for a new election date, 30 days later.

Then, another candidate could have withdrawn and on and on.

Those involved say it took massive efforts from all manner of influential individuals to beg this candidate not to throw the country into a deep crisis. After meetings deep into the night, the press conference to announce the withdrawal was not held.

Our constitution is, let’s just say, interesting. It has crazy provisions.

14 COMMENTS

  1. Indeed there are crazy provisions. It is also costly on the part of nominated candidates to again submit fresh nominations once one of the candidates resigns, dies or is disqualified for various offences. Furthermore the ECZ has to issue new ballot papers for fresh elections at the expense of the public money. I think we should instead be pushing for a clause which reduces or eliminates the incentives for candidates and their sponsoring political parties to pursue resignation. For example any candidate who resigns shall not be allowed to participate in future elections while the election will go ahead with the remaining nominated candidates.

  2. In 2022 there were some stealthy manouvres to change what Hakainde was calling non contentious issues of the constitution. PF members of Parliament like Robert Chabinga were recruited to be the conduit of such manouvres. The Church, Opposition Political parties, and other stake holders raised alarm, and the issue was withdrawn, but it didn’t go away.

    Last year the issue again resurfaced.. with news that Hakainde was considering a 7 year term, abolishing the 50+1 Majoritarian system in favor of a Coalition government , first past the Post, No Running mate, and an increase in Parliamentary seats using a flawed delimitation exercise which would increase the number of MPs in his region. Meanwhile there are attempts by Hakainde’s proxies for the Concourt to rule against it’s own ruling in the case of Edgar’s Eligibility.
    The Oasis Forum challenged the government to provide a roadmap for this constitutional review. Cornelius Mweetwa, the hon Minister of Information stated that the government has no intentions of changing the Constitution of Zambia. It’s priority is to address the drought and it’s effects.
    Well Hon Mweetwa, here is Hakainde in 2024 against stake holders involvement in Constitutional Reviews…back to stage 1 . Him and him alone identifying the Lacunae with intent to use Nellie Mutti’s discredited National Assembly to amend our constitution.. Can this woman even allow honest debate on Constitutional Amendments????
    Hakainde goes further and tells us there won’t be General Elections elections for 8 to 9 years… obviously playing to the gallery to spur his Praise Thugs.
    It’s such a confusing mix , of an opaque and stealthy nature, dishonest manouvres which has cast great doubt and consternations, on the real motivations on the changes Hakainde seeks. Hakainde can’t be holy than thou on the constitution today. His 3 year record on governance speaks volumes.
    We will go on to the General Elections On 13th August 2025 based on the 2016 Adopted Constitution. The Technical committee which drafted the 2016 constitution is still around. Any Constutional Reviews should only be done after the 2026 General Elections involving all stake holders.. Like Hon Mweetwa said, this time is for attending to the drought!

  3. Every individual President takes advantage of porous Constitution of the Land.ECL used it by saying he had been sworn twice but not having served two terms, HH is examining the porous nature of the same.Chiluba tried but failed but did not try to capitalize on leaky Law of the Land.This is the level we are at in Zambia. We have more challenging issues other than drought related…

  4. @Ngoma Yamaano.
    Am not speaking on behalf of Parliament..Am giving an opinion on the status of our National Assembly today, and it’s vividly expressed fetters on any meaningful debate and discourse on Parliamentary matters let alone Constitutional Amendments.
    Any Constutional Reviews should be an open and transparent process involving all stake holders , and a clear road map should be given …Not a stealthy process. The Church, Civil Society ,Traditional leaders and the people of Zambia should be involved…We don’t want an inverted Process which starts in Parliament with Robert Chabinga to identify Lacunae..and ends in the same Parliament to approve the same amendments! This can only happen in a Zombie Republic.
    For a praise Thug like you this sounds like sedition! Where ‘ babies and the suckling ‘ should be ferried to Detention centers without bond.
    I know my rights, Mr Ngoma Yamaano.. Take your threats elsewhere.

  5. How can someone who wishes to capitalise on loopholes in the constitution warn people in advance of this loophole and be seeking to close the loophole in an election he will participate in??. Clearly HH is not interested to exploit the loophole. Those who insist to keep the loophole are more likely to exploit the loophole than HH and his UPND.

  6. Well Hullucinating Hypocrite, you may know you rights, but I also know my rights. Parliament has its own procedures and fights and if you are a member of parliament take that fight to parliament. HH has encouraged parliament to consider review what parliament may consider non contentious issues in the constitution and if parliament decides there are no such issues within the constitution, then parliament will not review any issues. For a comprehensive review of the constitution which only arises due to loopholes in the constitution, I agree that all stakeholders should and must be involved.

  7. Laura you are no longer sincere with what you say. Why are you bringing in 2021 elections and issues we never heard of? Talk about what hh said and either agree with or oppose him period. Not alawys wanting to paint pf and ecl black to cover up hh misdeeds. This will not help your team.

  8. Ms. Laura Miti is just trying to educate the general public on the real and present danger posed by the serious gaps in our constitution. We did hear about a presidential candidate trying to throw a spanner in the works just before the August 2021 elections.

    On the parliamentary level this actually did happen in the Kabushi and Kwacha East by elections when two independent” candidates withdrew and the elections were canceled and fresh nominations ordered by the ECZ.

    So what Ms. Miti has brought up is no idle talk.

  9. You think Saki, Sean Zero, Nawakwi, Kalaba, samboi (who slept with a ghost) can win a presidential elections. Even putting their combined total votes will tend towards Sean score card.

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