HH NOT QUALIFIED TO INTERPRET THE CONSTITUTION, HE DOESN’T EVEN HAVE AN LLB – MUKANDILA

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HH NOT QUALIFIED TO INTERPRET THE CONSTITUTION, HE DOESN’T EVEN HAVE AN LLB – MUKANDILA

….as he urges all those who feel there is Lacuna in the Constitution to subject the privision to the Constitutional Court for interpretation

Lusaka…. Saturday September 21, 2024 ( SMART EAGLES)

Prominent Lusaka Lawyer Celestine Mambula Mukandila says there is no need to amend the Constitution as long as its provisions have not been tested through the Constitutional Court.

Last week, President Hakainde Hichilema claimed the constitution has lacunae that could postpone elections for up to 9 years.

Speaking when he featured on Dimond Live, Mr Mukandila said President Hichilema does not have any qualifications to interpret the Constitution, stating that such role is a preserve of the ConCourt.

Mr Mukandila said the Constitution clearly states election dates, making postponement impossible.

He deemed the President’s statements irresponsible and advised Mr Hichilema to consult the Attorney General.

Mr Mukandila said the President was voted into office on the basis of that Constitution which is in use.

He said those who feel the current Constitution has got a lacuna, must subject the provision they feel has a gap to the ConCourt.

“President Hakainde Hichilema does not even have an LLB listed on  his qualifications. He is merely supposed to read it and understand as it is. Let him consult his attorney General for more. The only court that has got the competence to interpret the Constitution is the Constitutional Court. If President Hakainde Hichilema wants to stay in power for 9 years because of the lacuna he is dreaming about, let him subject the provision before the Constitutional Court, that is what a responsible leader should do,” he said

Mr Mukandila has also said that there is no lacunae in Article 52 stating that the law is clear with regards to the elections.

“It is selfishness to begin calling for amendments….we gave ourselves a Constitution in 2016.  This is a Constitution that limits the powers of the President. There is no gap, whether we like it or not, Government cannot run dry of having resources for an election.

“It is extremely wrong that the president should be alarming the country.  He has a right to protect and defend the Constitution. The President should be handled extremely well. His handlers are doing a terrible job,” he said.

6 COMMENTS

  1. Young man…neither are you. If anything HH has the resources of the state at his disposal and if he was on the wrong footing they would have advised him prior to the speech in Parliament.
    Son, you have a very shallow outlook and speak only to and for your handlers.
    I keeping refering to your threats that up until now you have failed to follow through and sur the state over Mopani. A matter you were so emotional and outspoken about.
    Again you want to show your utter lack of comprehension of an issue by being irrational and incompetent as a legal scholar. Find something else to do in life mune cause for a person with a law degree you demonstration and myopic outlook on the subject.

  2. Our lawyers in zambia are a disappointment because others are saying yes the constitution has lacuna and others are saying the opposite,so which is which for a person who is not a lawyer to understand.

  3. What makes this LLB holder think the President did not consult his legal advisors and indeed the Attorney General before making the statement?

  4. This chap is just another PF cadre playing to be relevant. Please stop addressing him as prominent Lusaka lawyer. We are all presumed to know the law, one does not need LL.B Degree.

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