Article 52(6) Debate Off Tangent, President Hichilema’s Words Deliberately Twisted – Kabimba
Economic Front (EF) President Wynter Kabimba says Article 52(6) of the Constitution is clear, but has an inherent absurdity that needs to be cleaned.
Mr Kabimba, a lawyer and former Minister of Justice, says the debate that has ensued after President Hakainde Hichilema, in Parliament last Friday, talked about how article 52(6) could delay an election, is off tangent.
“The people are debating what the President didn’t say.
“It is very interesting that the whole country, or at least those who have participated in this debate, are debating themselves. That’s not what HH said. He didn’t say there will be no election in 2026”, Mr Kabimba said on the ‘Talk of the City’ programme on Lusaka Radio yesterday.
He said there could be a situation where a Presidential candidate in an election files nominations and withdraws their candidature and elections for the President are postponed or cancelled, waiting for fresh nominations within 30 days.
“That is not a lacuna, but the mischief or absurdity which is in that article. That’s what the President was speaking “.
Mr Kabimba says he was shocked at how many politicians have arrived at the conclusion that President Hichilema’s comment is equal to saying he wants to be in office without being subjected to a vote in 2026.
“Do you really think if that’s what he meant he could have said it? He is in power, he can simply keep quiet and pay somebody [a presidential candidate to withdraw] and they have fresh nominations and pay somebody again.
“Even for him to say [elections can delay for eight years] is an understatement; it can go on for 20 years. Do you think a reasonable person will tell you that this is how I am going to circumvent an election?” Mr Kabimba wondered.
He said that, when he listened to the context of the statement by President Hichilema, the correct word at law was mischief or the absurdity of Article 52(6), and not a lacuna.
Credit: Zambia Daily Mail
Volume Winter Volume. Obviously Mwamba can’t call you for his podcast coz they(Mwamba and the mafias) don’t like the truth but twisted truth is what they feed on.
Winter is loosing it to the highest bidder Mr Instant Dr Lacuna Hichilema. Him said there’s a lacuna and you’ve rightly put it that “that is not a lacuna” but goes ahead to twist the meaning. What nonsense Kabimba.
The Constitution of Zambia was altered by ba Lungu and he did so in a hurry so that he forgot to tie up the loose ends.
1. Zambians wanted the Cabinet to be appointed from people outside parliament. This is the only way that government can continue after prorogation of parliament. Ministers who are not MPs will not abuse State resources to campaign.
2. If there is a petition against the president elect, the Speaker can take over as acting president with the cabinet ministers continuing in office while parliament remains adjourned. The Con Court must rule on the petition within 14 days.
3. The clause about cancellation of elections if a candidate withdraws, resigns or dies is really mischievous and does not make any sense at all. If a name is on the ballot paper, it does not have to be removed. People are not dull. It is very unlikely that people would vote for a dead person or someone who has withdrawn. If they do, they are spoiling their vote. This relevant clause must be repealed.
4. I would add that the constitution should be amended to make the president answer questions in parliament once a month and the oath of office should be reworded to swear or affirm allegiance to the constitution and not the president.
5. All political parties that participate in elections but fail to win a single seat whether at local government or parliamentary elections should be deregistered.