Did Chief Fisher violate Constitution by contesting parly election?
By John Phiri
There appears to have been a lot of things which transpired in Zambia during the 10-year reign of the Patriotic Front party that need to be looked at to grab some serious reasons for the present and the future.
Thus far, the major focus in this regard has been on the despicable conduct of the hordes of PF cadres whose egregious infringements of various rights of other citizens, and generally disorderly conduct suggested they were above the law.
But a thorough review of what went wrong politically, under the PF, needs to be extended to all other areas, and players where lessons can be learnt to prevent future abuse of political and electoral processes.
Unfortunately, politics seems to periodically be attended by apparent double standards. Vigilance is therefore required of all citizens.
For example, as observed by United States Ambassador to Zambia in a recent newspaper report, investigations and prosecution of corruption should not only be focused on former government officials while ignoring credible allegations of graft against serving officials.
By the same token, cases of alleged violation of the law, including electoral law, should not be swept under the carpet when those involved find themselves in good books with the current United Party for National Development (UPND)government, for whatever reasons.
One such case is that of Peter Fisher, the White Zambian installed as Mwata Kamwana of the Lunda in Ikeleng’i district of North Western Province.
It was all going very well for Chief Peter Fisher, as Mwata Kamwana, until he accepted, or decided to stand for member of parliament on the PF ticket, challenging the incumbent Elijah Muchima of the UPND. Muchima trounced Chief Peter Fisher by 11,614 votes to 2,467.
Now questions are being raised about whether Chief Peter Fisher did not violate provisions of the Constitution by contesting an election as member of parliament.
According to a source who sought anonymity, Chief Fisher may have violated provisions that proscribe traditional rulers from contesting for political office except that of councillor.
“The Constitution of Zambia in Part 12, which deals with Chieftaincy and the House of Chief, in Article 168, item 2, states that a chief who seeks to hold office in a political party or election or appointment to a State office, except that of councillor, shall abdicate the chief’s throne,” the source said in a telephone interview.
The Source said it was clear from this provision that chiefs were not prevented from standing for elections, as they also enjoyed this right as citizens, but when it came to standing for certain elective offices, including that of member of parliament, they could not do still on the throne.
“Chiefs enjoy rights and privileges, bestowed on their office by and under culture, custom and tradition attached to their office as prescribed.”
He said that for their protection, the Constitution also provided that parliament shall no enact legislation which derogates from the honour and dignity of the institution of chieftaincy.
“Therefore, for someone who is a chief, like Peter Fisher, according to this provision was supposed to have abdicated his throne before standing for election for the office as MP. Why was this violation of the Constitution permitted?” he asked.
He said that chiefs, according to these provisions, were supposed to be honourable, but by ignoring the constitution and standing for MP, Chief Fisher had dishonoured his office as Mwata Kamwana.
“He should consider resigning from his chieftainship to save people and himself from further embarrassment. His action smacks of some indiscipline on his part.”
The source said that under the constitution, chiefs have been granted the capacity to hold property in trust for their subjects.
“With this kind of indiscipline shown by this chief, can people trust him entirely to hold their property in trust? Some of the subjects on whose behalf he is supposed to work are the ones he opposed by challenging for the seat of MP. This matter should not be ignored,” he said.
In earlier reports some had questioned Chief Fishers judgment regarding standing for election as MP and also asked questions about why his Nchila Wildlife Game Ranching had been placed under receivership.
And it would seem that comments and speculation regarding Chief Fisher’s conduct have not been confined to his failed attempt to be MP and the collapse of Nchila Wildlife Game Ranching.
There have also been media comments alleging that Chief Fisher’s personal and missionary life was having a negative impact on the state of Kalene Mission Hospital, and had resulted in differences with some of hospital staff and experienced medical staff.