DAVIES MWILA IS RIGHT, GIVEN LUBINDA HAS NO POWERS TO APPOINT MCCs OUTSIDE THE PF NATIONAL COUNCIL IN LINE WITH ARTICLE 57
Former PF SG Davies Mwila has differed with his Acting President Given Lubinda over the NEW appointments of additional PF MCCs to bring the total to less or more 80 from the constitutional required 30.
Perusing through the PF Constitution, Mwila seems to have a valid argument as Art 20 states that ALL organs of the Party shall be elective and not appointed.
Art 46 suggests that the General Conference shall have the function to elect the President of the Party and Members of the Central Committee and not appointed by the President;
While Art 49 says it shall be within the competence of the National Council to approve candidates for the office of the President of the Party or Member of the Central Committee
With regards to the additional MCCs, PF Constitution under Art 61 establishes a Central Committee of the Party, which shall consist of thirty (30). This Article does not provide additions outside amending the constitution.
The 30 MCCs compose of the President of the Party; The Secretary General of the Party; appointed by the President of the Party from amongst the members of the Central Committee; twenty-five (25) members elected by the General Conference and three members appointed by the President of the Party.
Art 57 guides that No person shall be eligible for election as a Member of the Central Committee unless s/he is a member of the Party for at least five years
This could be the reason Emmanuel Mwamba and Chishimha Kambwili are not being considered for the position of MCCs though in the past, this provision was glossed over e.g. appointment of former UPND spokesperson Charles Kakoma.
Regarding the FILLING IN OF CASUAL VACANCIES in the Central Committee, Art 57(😎 stresses that In the event of a Member of the Central Committee (other than the President of the Party) resigning, being incapacitated, dying or otherwise ceasing to be a Member of the Central Committee, the National Council shall elect another person to fill the vacancy not the president.
What is permissible to the President of the Party?
Art 59 empowers the President to appoint not more than six advisers to each of the Committees while Art 61 empowers him/her to appoint ad hoc or Standing Committees to advise the party on any matter whatsoever.
IN ADDITION the President is also empowered to take disciplinary action against a member of the Party on the grounds of the member’s misbehavior and report his/her action to the Central Committee for ratification and to take a decision or an action which in his opinion is in the best interest of the development or security of the Party and to appoint a Member of the Central Committee to act as Secretary-General of the Party in the absence of the substantive holder of the post.
In case the President claims the powers were derived from regulations and standing orders, Art 69 concludes that the regulations and Standing Orders of the Party made by the Central Committee may be enforced meanwhile subject to ratification by the National Council.
From the foregoing, one asks a question, where did Given Lubinda, as Acting President for PF, derive the powers from to appoint MCCs?
Therefore, Davies Mwila is right to question the legality of the newly appointed PF MCCs.
I submit
McDonald Chipenzi