FORMER PRESIDENT EDGAR CHAGWA LUNGU STILL ENJOYS PRESIDENTIAL IMMUNITY
Analysis of Presidential Immunity and Alleged Constitutional Violations in Zambia
Legal Framework of Presidential Immunity
According to the current Constitution,
Article 98(1) stipulates that no civil proceedings may be initiated or continued against the President, or any individual performing executive functions under Article 109, regarding actions or omissions made in their private capacity during their tenure in office.
Article 98(4) extends immunity from criminal proceedings to the President or any individual performing executive functions, as outlined in Article 109, and specifies that this immunity persists even after the individual ceases to hold or perform the functions of the office.
Article 98(9) provides that if the immunity is removed following clause (8), the individual who previously held the office of President or performed executive functions shall be charged with the offense for which the immunity was removed.
Article 98(10) clarifies that if a court acquits the individual of the offense for which their immunity was removed, the immunity shall be considered never to have been removed, for all purposes, without further proceedings.
Case of President Edgar Chagwa Lungu
Former President Edgar Chagwa Lungu retains the same immunity from criminal proceedings as the current head of state. The distinction lies in the fact that the current head of state performs executive functions, whereas the former head of state does not. The immunity specified in Article 98(1) is identical to the immunity enjoyed by a former head of state under Article 98(4). Furthermore, Article 98(10) emphasizes the continuity of immunity by stating that, upon acquittal, the immunity is deemed not to have been removed.
Concerns and Constitutional Violations
Recent actions by government officials and law enforcement suggest a misunderstanding or disregard for these constitutional provisions. Statements indicating that President Lungu has no immunity contradict the clear language of the Constitution, thereby setting a dangerous precedent of constitutional abrogation.
The incident where the police embarrassed former President Lungu during his visit to Bishop Clement Mulenga of Kabwe Diocese demonstrates a violation of his constitutional rights. Although an apology was issued to the Catholic Church, a formal apology is also warranted to former President Lungu and the Zambian people. Moreover, future conduct by the police should reflect a genuine respect for the Constitution.
Under the current constitutional framework, the former head of state cannot be summoned or arrested by the police. Any attempts to do so would constitute a flagrant violation of Zambia’s Supreme Law and should not be tolerated. It is imperative that all Zambians, including public officials, familiarize themselves with the Constitution to prevent such unlawful acts. The abrogation of constitutional law with impunity can lead to anarchy, which must be avoided at all costs.
Claim Regarding Arrest of Former Presidents
No law states that a former head of state can be prosecuted without first removing their immunity. The same constitutional provisions apply. If a current head of state commits a crime, they cannot be arrested and taken to court directly; the impeachment process must be initiated as outlined in the Zambian Constitution. Similarly, if there are allegations against a former head of state, the appropriate proceedings to remove their immunity must be initiated in Parliament, not by the police.
Conclusion
The Constitution of Zambia provides clear and continuous immunity to the President and former presidents from civil and criminal proceedings. The recent actions against former President Edgar Chagwa Lungu represent a significant breach of these constitutional protections. Upholding the Constitution is crucial to maintaining the rule of law and order in Zambia
BY FR JOHN KABINDA
A CATHOLIC PRIEST BASED IN NDOLA.
I think the priest has misunderstood the meaning of the persistence of immunity for a former head of state. The immunity is only applicable for offences committed while performing the duties of president not after presidency. This means that yes a former head of state enjoys immunity persistently for the offenses committed WHILE in office NOT those committed after office. The implication of article 98(4) is ensure that a former president is not prosecuted after leaving office without lifting the immunity through parliament. Otherwise, if article 98(4) did not specify as it has done, then there would have been no need to lift the immunity because it would have expired immediately they leave office.
Please, stop misleading yourself! The former president can’t be arrested without prior removal of his immunity. You don’t need to be a law student in order to comprehend that particular article from immunity.
There should be no shortcut, at all..
It is not even necessary to continue bringing confusion and creating indirectly tension by those who in their correct way, and because of who has called them to service, can seat as though, anyway, in a staggered manner as strangers in unnecessarily way be the many players holding sticks of matches. Why? if any, for what interest.
HISTORY OF IMMUNITIES FOR SOME OF OUR FORMER PRESIDENT’S.
This reminds me of Mwalimu Nyerere with KK at Mukobeko Maximum Prison that led to his release. I also remember late President Mandela ( MHSRIP) a very good friend of KK.
Former President the late DR Kenneth David Buchizya Kaunda MHSRIP also had immunity, do you remember and humbly think of how he was il-treated and harrassed by your FTJ.
Former late President Mr. Rupiah Bwezan Banda MHSRIP had immunity do you still remember and sincerely in a normal humble humanly way think of how he was harrassed by your MCS. Think through and count how you mostly came and speak almost every day and have selective agenda meetings with them. So as members who call upon the name of the Lord for His glories service to humanity- His people in service should be holding two sides with a parental message – unifying not igniting.
I am of the view that parents who don’t care in handling their children’s affairs, brings divisions in the family but the humble one is always favoured and protected fully by his creator though he will go through high hatred by even pretendors.
Let me just end here by also reading this scripture. It has – it has the angle where it will be seen by someone and will be blessed while others will also see it in Their different structures, that is how it is.
Ephesians:4
[1] Unity in the Body of Christ As a prisoner for the Lord, then, I urge you to live a life worthy of the calling you have received.
[2] Be completely humble and gentle; be patient, bearing with one another in love.
[3] Make every effort to keep the unity of the Spirit through the bond of peace.
[4] There is one body and one Spirit—just as you were called to one hope when you were called—
[5] one Lord, one faith, one baptism;
[6] one God and Father of all, who is over all and through all and in all.
[7] But to each one of us grace has been given as Christ apportioned it.
[8] This is why it says: “When he ascended on high, he led captives in his train and gave gifts to men.”
[9] (What does “he ascended” mean except that he also descended to the lower, earthly regions?
[10] He who descended is the very one who ascended higher than all the heavens, in order to fill the whole universe.)
[11] It was he who gave some to be apostles, some to be prophets, some to be evangelists, and some to be pastors and teachers,
[12] to prepare God’s people for works of service, so that the body of Christ may be built up
[13] until we all reach unity in the faith and in the knowledge of the Son of God and become mature, attaining to the whole measure of the fullness of Christ.
[14] Then we will no longer be infants, tossed back and forth by the waves, and blown here and there by every wind of teaching and by the cunning and craftiness of men in their deceitful scheming.
[15] Instead, speaking the truth in love, we will in all things grow up into him who is the Head, that is, Christ.
[16] From him the whole body, joined and held together by every supporting ligament, grows and builds itself up in love, as each part does its work.
[17] Living as Children of Light So I tell you this, and insist on it in the Lord, that you must no longer live as the Gentiles do, in the futility of their thinking.
[18] They are darkened in their understanding and separated from the life of God because of the ignorance that is in them due to the hardening of their hearts.
[19] Having lost all sensitivity, they have given themselves over to sensuality so as to indulge in every kind of impurity, with a continual lust for more.
[20] You, however, did not come to know Christ that way.
[21] Surely you heard of him and were taught in him in accordance with the truth that is in Jesus.
[22] You were taught, with regard to your former way of life, to put off your old self, which is being corrupted by its deceitful desires;
[23] to be made new in the attitude of your minds;
[24] and to put on the new self, created to be like God in true righteousness and holiness.
[25] Therefore each of you must put off falsehood and speak truthfully to his neighbor, for we are all members of one body.
[26] “In your anger do not sin”: Do not let the sun go down while you are still angry,
[27] and do not give the devil a foothold.
[28] He who has been stealing must steal no longer, but must work, doing something useful with his own hands, that he may have something to share with those in need.
[29] Do not let any unwholesome talk come out of your mouths, but only what is helpful for building others up according to their needs, that it may benefit those who listen.
[30] And do not grieve the Holy Spirit of God, with whom you were sealed for the day of redemption.
[31] Get rid of all bitterness, rage and anger, brawling and slander, along with every form of malice.
[32] Be kind and compassionate to one another, forgiving each other, just as in Christ God forgave you.
TO THE GLORY AND HONOUR OF OUR LORD JESUS. Let grace abound.
Rupiah Banda’s immunity was removed prior to anything else..
“No law states that a former head of state can be prosecuted without removing their immunity ” thats my take from the article by
the learned Father Kabinda..
It’s not about quoting Ephesians, or Revelations and the 666 or whatever…It’s about the Zambian Constitution. If a former President commits a crime after leaving office, can he be prosecuted and convicted without removing his immunity? The answer is NO. The current President has to go to Parliament, present the case , lift the immunity of the former President, and only then can you prosecute and convict the person.
Hon Jack Mwiimbu is saying something else..Let him provide the law he is quoting which is saying that immunity only covers cases committed whilst a President is in office, and that he can be prosecuted thereafter without removing his immunity.He is a learned lawyer, and Lawyers should always be specific . I have thoroughly looked through our constitution, and I can’t find this law.
The Reverend Father Kabinda is on firm ground.
Has any former President in Zambia been prosecuted without removing their immunity? The Answer is NO.
Investigated ? YES. Arrested? NO.
Charged ? NO. Prosecuted ? NO. The nearest to Prosecution of a former President was FTJ which cases were discontinued by Rupiah Banda.. and Mwanawasa went to Parliament , presented the case, and had Chiluba’s immunity removed.
This my Lay contribution, offcourse LAZ can guide…but unfortunately the LAZ of today is of weaklings..they hide in their cocoons, and can’t rise to the occasion in such times of Legal advice need… scared stiff of the Great One..as are most NGOs.
Correct
One wonders if some of these priests are worth their name, do they serve the interests of God or man? They always want to be praised by man and not by God. It is very shocking to hear a priest supporting the immunity of the former president, forgetting that to God there is no immunity for any sin. God is not a respecter of persons, he treats everyone equals and every soul that sins will die. God does not use the Zambian Constitution, he uses his own and no one is exempted from obeying it whether former president, current president or a priest. A priest is a representative of Christ on earth and is a light bearer for Christ but it’s unfortunate if he becomes the one in the fore front to mislead people. It’s also unfortunate if people choose to be led by priests of mammon. The Bible tells us to respect our rulers because they are appointed by God, he appoints them to look after our souls and run our daily affairs on his behalf. So no one should feel more priest than others because every one is the same before God. These un necessary conflicts were there even before HH came to power when some priests were saying chawama twacita rig ama elections ukucila balya bakawine and instead of cancelling such people we are even supporting them. What kind of a Christian nation are we? Of what benefit is it to be a Christian nation just by name? Once more, please there no immunity with God, those who love Lungu should just help him to confess his sins and ask God to forgive him, otherwise to preach politics in church every Sunday is giving him a good push to hell and you priests will be accountable for his loss. Priests have their separate noble call and need to work with Christ and not with politicians. Mukapya ububi bane, God is consuming fire.
These priests are very much educated, more than your pastors. And by the way, us Catholics believe in social justice &love, which is the basis of our evangelization. So, he may not be speaking to you, but as a Catholic, I appreciate his reason and efforts to ensure law and order, amidst propagation of the faith..
Ba Father, the way I understand is that the immunity for a President or former presidents covers for issues that may be committed while in the office. Any crime that may be committed after the term of office you don’t to remove presidential immunity to be arrested or be prosecuted.
Why is a president given immunity? While in office the individual person needs protection as a president who may act in certain way to protect the national or country but that may not look ok from normal life. To encourage the president to make bold decision for the sake of the nation. If someone leaves presidential office what bold decision do we need from the person that will protect or benefit the nation?
And to those who are saying FTJ mistreated KK I don’t agree because it is the same provocation ECL is making today that led KK to committed certain “crimes’ outside his presidential office. He came back to into politics. And just like the way ECL has started talking about early elections also KK was demanding that. Until behind the curtains he was involved in the alleged crimes.
To the Priests, Fathers and Pastors this country do not belong to ECL, anyone can be a leader good or bad we need to move on. Just like KK thought the country belonged to him alone. If HH fails there are others to take over not going back to ECL we have moved on.
You are mistaken! Just read again bro. It’s a pity you are basing your argument based on the current conduct of the 6th republican President. Which is unfortunate.
But you must be reminded that even HH in opposition spoke about the possibility of an early election. There was nothing wrong then, and there’s still nothing wrong with that statement. See, even in 1991, mmd spoke an early election and unip under KK granted the demand.
So, go read again, ECL as a former president can not be arrested until his immunity is removed.
There’s only one institution mandated to interpret the law in this country and that’s the judiciary. It’s good that the Father is well read but this doesn’t give him the mandate to interpret the law / constitution. The best the Father should do isto take this matter to the constitutional court for interpretation.
Hon Jack Mwiimbu was Interpreting the law! So it’s okay for Hon Mwiimbu to interpret the law, and not for our Catholic Father Kabinda??
Jack Mwimbu efforces the law. If you have a problem in his understanding of how he is enforcing the law. The constitution court is there. At least he is a lawyer and student of the law. Not a theologian, no. The problem mechanics want to be electricians. Let mechanics fix cars and let electricians fix electrical problems. Oil is oil. Water is water. Semantics in problem solving dont work.
See, there’s no law that stops citizens to express the way we understand our own constitution! And by the way, this same constitution was not meant for the court, but for us citizens to understand it. So, you must understand the constitution without waiting for the court to interpret it.
There’s no defense for ignorance!
So, the learned priest has typed his understanding of the article, without having to wait for the Court to do it for him. Jack Mwiimbu did the same without firstly going to get interpretation by the Court. In fact, Mwiimbu should have gone to the court to seek interpretation to ensure he doesn’t mislead the public. You and I can speak based on opinion, not Jackson..
Lungu is a failed project. He isdead and beginning to rot. He has no party. Pf is for Sampa uka is not a legal entity. He making noise for his sake. Look his wife is court his daughter’s are in court his son is in court. His friends are course too and a his megaphone kacinda is in jail. Father Kabinda is broke, so he is trying to cause chaos for survival. The game was lost in 2021, he will never play again. Kaunda tried it and failed. Fr Kabinda just find a wife, you have stability in your life.
This priest should preach love and peace. Not becoming a lawyer for a law breaker who knows that he is doing wrong. Render unto Ceaser what is for Ceaser and unto God what is for God. Father please deliver ECĹ soul because the man does not even have a church he belongs to. Why is he not going to mosques? I am Catholic and quickly losing faith in our clergy. Judas Iscariots 30 pieces of silver?
So if a former President commits a traffic Offence after leaving office, he cannot be prosecuted for that offense unless muyende first ku Parliament to lift his immunity?
Does it then mean that if a former President commits a crime he or she cannot be arrested and prosecuted?
I do not think this is what immunity is about.
If that is indeed what the constitution implies then it needs to be amended. There is no person in the world that can be given absolute immunity for any crime committed after leaving office not even former American president’s. Because this will mean a former president will be able to break the law with impunity even killing someone but nothing will happen to him.
You people are missing the point. All those priests who are supporting ECL are minions of Alick Banda. Banda and ECL are inseparable. ECL recently called himself a serpent and uttered treasonous statements. Have you heard Banda say anything? No election can take place before 2026, unless by a military coup and Banda is comfortable with that
People died and were brutalized under the Defunct TuPF crimminal government, did you hear Banda condemn that?
Banda has a strong influence among his priests and it’s better to watch him closely because he’s no better than Pule
So, ignore the priests and deal with Banda if you want to save this country from tyrany