FRED M’membe has encouraged Zambians not to accept to be silenced over the illegality of President Edgar Lungu’s third term bid.
He asserts that it does not matter what legal gymnastics President Lungu’s advocates will try to play, they will not succeed in changing the “reality” of his ineligibility for 2021.
Dr M’membe, a lawyer, clarified that his commentary about President Lungu’s third-time go at the presidency was not out of hatred or fear of losing to him, but principle.
“When we say that President Edgar Lungu is not eligible to contest the 2021 presidential elections, it is not out of hatred or fear of losing to him. We should not accept to be silenced over this illegality of Mr Lungu’s third term bid,” Dr M’membe said in a statement issued from Mwika Royal Village, Chinsali, in Muchinga Province. “Even if Mr Lungu was a very weak candidate who could be easily defeated, our position does not change – the principle and requirements of the rule of law do not change. We may have chameleon-like politicians but our country’s Constitution does not change in that psychedelic way.”
Dr M’membe, the Socialist Party president, said President Lungu’s ineligibility did not require very complicated legal arguments.
“It is a very simple and straightforward matter. We are saying this simply out of principle, out of respect for the rule of law. And put simply: Mr Lungu has been elected to the office of President of the Republic of Zambia twice,” he explained.
“And he has been sworn in as President twice – serving two terms as President.”
Dr M’membe argued that the issue of President Lungu’s first term being less than three years does not arise or apply in this case.
He explained that such a situation arises when or applies to a person who assumes the office of President as Vice-President, “without being elected, when the President dies, resigns or is removed from office for any reason.”
“Mr Lungu did not assume office as Vice-President and without elections in 2015. He contested presidential elections twice and won,” Dr M’membe said. “You can call us all sorts of names, threaten us in all sorts of ways and accuse us of all sorts of things but that will not change this reality. It does not matter what legal gymnastics they will try to play, they will not succeed in changing this reality.”
He stressed that President Lungu’s supporters could ignore reality, but that would not change it.
“They tried to change this reality with Bill 10 but they failed,” Dr M’membe noted. “We know very well that we are dealing with people who have very little, or no respect, for the rule of law. These are people who are used to getting whatever they want, regardless of what the law says.”
He is alarmed that President Lungu and his promoters do not seem to realise that the exercise of power must be a constant practice of self-limitation and modesty.
He, however, indicated that such should not stop Zambians from pointing out the truth or correct positions.
Dr M’membe said history had taught Zambians that once a government is committed to manipulating the law, the Constitution to get whatever it wants, it opts for only one way to go.
“That is down the path of increasingly repressive measures until it becomes a source of tyranny to all its citizens and creates a country where everyone lives in fear and silence,” said Dr M’membe.