Has The PF Central Committee Breached Its Party Constitution When Appointing Given Lubinda As Acting President Instead Of SG Nickson Chilangwa?

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HAS THE PF CENTRAL COMMITTEE BREACHED ITS PARTY CONSTITUTION WHEN APPOINTING GIVEN LUBINDA AS ACTING PRESIDENT INSTEAD OF SG NICKSON CHILANGWA?

FIRST is to welcome the resignation of former president EDGAR CHAGWA Lungu as PF PRESIDENT after his defeat in August General Election.

This will enable the party quickly reorganise itself and rebrand, restructure and rebuild.

However, the appointment of a caretaker/transitional president by the members of the central committee leaves much to be desired as far as the respect of the party constitution is concerned.

One wonders whether PF has serious legal advisors both in the party and when it was in government.

The blatant breach of Article 53 of its party constitution without any person in its rank and file ringing the bell is amazing but not shocking.

It seems lawlessness in PF is part of its character and characteristic and contradictions in the provisions of its constitution is the daily bread.

According to ARTICLE 53 (RESIGNATION OR REMOVAL OF THE PRESIDENT OF THE PARTY), the party constitution is very categorical as who acts when the PARTY PRESIDENT RESIGNS or removed from office.

THE article guides in clause 1 that, in the event of the President of the Party resigning, or being removed from Office of The President of the Party, he SHALL cease to be President of the Party and the SECRETARY GENERAL SHALL act as President of the Party until the new President is elected in accordance with provisions of Article 52 of this Constitution.

ARTICLE 52 (ELECTION OF THE PRESIDENT OF THE PARTY) with clause 1 guiding that The President of the Party shall be elected at the General Conference of the Party

With the guidance from the above provisions, the appointment of Lubinda as acting President of PF is smells unconstitutionalism and illegitimate in the presence of the Secretary General.

The right person to have acted as President until a new president of the party is elected at the General Assembly is the SG of the party not the vice-president despite the seemingly contradictions in the provisions of the party constitution in some clauses.

In clause 2 of the same Article, the party constitution, stresses that:

in case of absence of both the President and the Secretary General of the Party, the President of the Party shall choose one from amongst the members of the Central Committee to perform the functions of the President of the Party until such a time as the President or Secretary General of the Party shall resume his duties.

Even if the SG and President were not there, the outgoing party president NOT the party Central Committee is mandated only to choosing one from amongst central committee members to Act as President of the party not to appoint a vice-president to Act..

Notwithstanding above arguments, ARTICLE 54 (VICE PRESIDENT FUNCTIONS AND DUTIES) guides in clause 1 that (1) The Vice President shall have the following powers, duties and functions:

-to be the principal assistant to the President of the Party;
-to exercise all such functions as may be delegated to him by the President;
-to act for the President in his absence;
-To exercise the functions of President in case of death or removal from office in terms of Article 53.

Note the contradiction between this Article and Article 53

However, reflecting and meditating on the provisions Article 54 seriously, it still gives the mandate to Act as President of the Party up until a new president is elected exclusive to the SG not the Vice president of the party.

An argument may be advanced that when Sata died, the SG did not act as President but the vice-president which was another breach.

Given Lubinda being a contestant in this PF presidential race should have been excused to level the play field for all candidates.

With this development, the other presidential hopeful may want to thinks twice as the game is twisted in favour of one contender.

I submit

McDonald Chipenzi

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