IN CASE YOU MISSED IT:
PS THABO KAWANA SHARES….
CAN FORMER PRESIDENT EDGAR LUNGU BE ARRESTED EVEN WITHOUT LIFTING HIS IMMUNITY?
Fellow citizens, this question keeps being posed to me every now and then and I have responded to it severally but still, some people persist.
So maybe tonight, let’s deal with it head on and conclusively.
Article 98 clause 1 and 4 of our Kanstitution (in Sangwa’s voice) or Constitution talks about immunity from both civil and criminal proceedings.
Article 98 clause 9 talks about no more immunity even for things that one may have done whilst in office when Parliament removes immunity upon establishing a primafacie case against such a one or Former President if you like.
Given the above, if Former President Lungu is to be arrested for anything he may have done whilst in office whether civil or criminal, such an arrest cannot be effected without lifting the immunity because he has that immunity with him which remains and follows him even after leaving office but covering his tenure in office.
Meaning and again I emphasize, he has immunity for the duration of the time he held office and the things he may have done whether civil or criminal in nature.
However, if Former President Lungu commits an offense today, for example ngati Adada ba menya muntu mbama, Kofi olo nkonyo, he WILL be arrested and charged for the applicable assault charge. This also remains true for any transgression on any Law of our Land.
So let’s read the constitution and understand it and avoid this insatiable appetite of wanting to hold on to what is not factual by claiming that Former President Lungu has immunity and cannot be arrested today if he breaks the Law.
As this is the second time I am posting about this issue, I hope it is the last. I hope tanvela tonse since palibe chigayo apa.
Finally, to answer the question in the heading, the answer is YES. FORMER PRESIDENT EDGAR LUNGU CAN BE ARRESTED EVEN WITHOUT LIFTING HIS IMMUNITY IF HE COMMITS AN OFFENCE OR BREAKS THE LAW TODAY.
As far we are concerned he has never broken any law since he left office. He kept a law profile but you and your loud mouthed fellow ministers and cadres forced him out of his cave. Let the dog roam.
You are a chikala just like lungu, bloody imbwa
The usual Pemba stuff!
2.1 PF LOSERS FOR 2.1 PF IDIOTS yes your dog is suffering from Rabies that’s why he is roaming from one church to another in a rabid dog style. Your Rabid dog will never be allowed to contest for the Presidency bwana. Abash guntrotting and Panga Wielding PF criminals forever
The idiot has broken the law several times but hasn’t been arrested.cage him and his teeth.
Lungu the CHIKALA should be in jail from the day he left office, the bloody effing effer
The usual baying!!
@praise thugs
Praise Thugs are running riot with Insults.
They realize they are going… venomous insults every where. The Mingalatoon is gone …we will endorse his departure in 2026.
Who let the dog out?
Mooooh. Mooooh. Moooooooooh.
@praise thugs
Praise Thugs are running riot with Insults.
They realize they are going… venomous insults every where. The Mingalatoon is gone …we will endorse his departure in 2026.
Who let the dog out?
Moooohh Moooohh. Mooooooooohh.
Hallucinating Hypocrite panyo pako sir. Continue dreaming and hallucinating that your PF/ UKWA bag Kelenkas will ever come back into power again. There’s no space for PF criminals in Zambia mother fucker iwe. Abash guntrotting and Panga Wielding PF criminals forever.
Baying again!!!
@ Bob Tondolo.
Am sure you are a young man.. but take it easy. You have started worrying people..There’s a fine line between normality and madness…but once you cross the line, it may be difficult to come back. So chill, and enjoy your life.. Hakainde is not everything..He has his life, and family, some even riding on elephants, which you won’t be able to do in your insulting life..
Sir may you direct you to an address given by Mrs Katai Katebe Katere Mwinga,Clerk of National Assembly of Zambia at the General session of the Adsociation on Secretary Generals of Parliament in 2014.
She oulined the immunity of the Zambian President whilst in office and the extent to which his immunity applies oñce he leaves office.
In her address she outlines that section 98 para1 applies to opposition immunity from commencement or continuance of civil cases,para 4 refers to immunity after he leaves office and she states he is immune from CRIMINAL prosecution for his actions or omissions whilst in the execution if his duties.
I will leave it to more learned people to advice if he then does not have immunity
from CIVIL prosecution
Maybe the writer of the article should have got clarity before publishing
Waste of space from a former driver. Not worth wasting time on.
Muna Kaliba panyo pako sir. Being a driver doesn’t exclude him from being a Zambian. Mulibapuba ba PF bwana. Abash guntrotting and Panga Wielding PF criminals forever
Is this Kawana person not supposed to be a civil servant charged with government work rather than party cadre work? Gone are days when Zambia had civil servants!!!
Ba Kawana, as a civil servant, there is no need to involve yourself in partisan issues. If at all there is need for a comment, leave it to the Minister of Information or UPND spokesperson.
You are giving the civil service a bad name. But then, it was wrong to appoint you Permanent Secretary in the Ministry of Information. You should have been appointed UPND spokesperson.
True comment. Civil servants General orders don’t allow them to issue political opinions
Well said. Being a Party appointee does not mean that you begin to engage in Partian rethoric. Be objective and neutral by virtue of your role. You job sir, is to speak of government’s position. Let’s remember that we need to make a distinction between “the Party” and “Government”. Thank you Ba JMC for setting the narrative right. Where are the editors? The need to vet these articles.
Here is a person whom we taxpayers are paying for doing nothing in the office. This is certainly not the permanent secretary’s job. If anyone was to give us a permanent secretary’s job description Kawana won’t fulfill a minute fraction of it. He is very happy that he works in the same ministry as another party Cadre, Mweetwa so together they waste civil service time and expenditure. I’m very sure cabinet secretary Patrick Kangwa can’t supervise this wayward civil servant. Mweetwa and Hamasaka won’t allow Kangwa to do that