Macdonald Chipenzi

By MacDonald Chipenzi
WHAT THE DRAFTERS OF THE 2016 CONSTITUTION MEANT

TENURE OF OFFICE-PRESIDENT

Recommendations

Draft Constitution: “103. (1) The term of office for a President shall be five years. (2) Subject to clauses (3) and (4), a President shall hold office for one term, commencing from the date the President-elect is sworn into office and ending on the date the election results are announced, and shall be eligible to be elected as President for a second term. (3) Notwithstanding anything in this Constitution or any other law, a person who has twice been elected as President shall not be eligible for election as President.

Rationale

The rationale for the Article was that it was important to limit the number of terms to be served by a President in line with the current Constitution to avoid the tendency of an individual wanting to be in office in perpetuity. The Committee, therefore, resolved to retain the provision in the current Constitution (1996).

Justice Professor Margaret Munalula was part of the Technical Committee Drafting the New Zambian Constitution (TCDCZ) no wonder her dissenting view on the eligibility as she understands the spirit and letter of Article 106(3) and 106(6)

I submit

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