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

36
27

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.

36 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.

    • Counsel, where were you when CEL, the top notch something was defiling the law any which way? Is this the same constitution that allows a court clerk to swear in a president and you were so mute about it?
      Come on guys, you know that a president does not have to posses all national qualifications in order to discuss any relevant subject. He has technocrats around him and that is what matters.

  2. 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.

    • Counsel, where were you when CEL, the top notch something was defiling the law any which way? Is this the same constitution that allows a court clerk to swear in a president and you were so mute about it?
      Come on guys, you know that a president does not have to posses all national qualifications in order to discuss any relevant subject. He has technocrats around him and that is what matters.

  3. 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.

  4. 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.

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

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

  7. 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.

  8. 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.

  9. Do you want to be interpreting the Constitution for him just because you have LLB? Wailasha boy, HH has better legal advisers than you. Try PF or UKWA.

  10. Do you want to be interpreting the Constitution for him just because you have LLB? Wailasha boy, HH has better legal advisers than you. Try PF or UKWA.

  11. A constutition that can only be interpreted by a lawyer isnt a constitution. Every citizen must walk on the land knowing fully well how the constitution protects and guarantees his or her rights. The problem with Zambians is when they get ka degree then everyone else becomes ignorant except them. The degree is a tool not a weapon! Some of us dont have degrees but you still board the plane Iam flying and I will deliver you safely to your destination

  12. A constutition that can only be interpreted by a lawyer isnt a constitution. Every citizen must walk on the land knowing fully well how the constitution protects and guarantees his or her rights. The problem with Zambians is when they get ka degree then everyone else becomes ignorant except them. The degree is a tool not a weapon! Some of us dont have degrees but you still board the plane Iam flying and I will deliver you safely to your destination

  13. In simple language lacuna means a gap which can be interpreted that there are gaps that needs to be addressed. One needs not to study law for him/her to understand the Constitution and the Constitution is not a preserve of Lawyers only. It is shameful that Lawyer Celestine Mambula thinks he knows better than President Hakainde Hichilema. It is also exaggerate by stating that he is a prominent Lawyer just because he studied law and has been hallucinating here and there .

  14. In simple language lacuna means a gap which can be interpreted that there are gaps that needs to be addressed. One needs not to study law for him/her to understand the Constitution and the Constitution is not a preserve of Lawyers only. It is shameful that Lawyer Celestine Mambula thinks he knows better than President Hakainde Hichilema. It is also exaggerate by stating that he is a prominent Lawyer just because he studied law and has been hallucinating here and there .

  15. If the constitution is only for people with LLB, then why is it our constitution?
    Discuss the article in question, not the person who raised the issue. Even LAZ have not given a convincing explanation.
    Here is a scenario: A presidential candidates dies or resigns days before the general election. According to the article in question, the general election goes ahead (cast in stone), but the presidential election is cancelled. Will there be need to print new ballot papers? How long will it take to arrange for new nominations. The election can only be held with 30 days after new nominations (not 30 days after cancellation).
    Tell us LLBs Sirs, why this article is problematic or not problematic.
    The problem in Zambia we like titles without doing anything useful with titles, LLB, Dr, Major (even after retiring), I have a degree (without doing anything), etc. Mr. Sangqwa LLB, Mr. Sishuwa PhD and everybody are discussing what the president did not say, but discussing the president.
    The mental shallowness in Zambia is problematic. Even politicians are not saying what they want to do better or different, they just want to take over. God help us.

  16. If the constitution is only for people with LLB, then why is it our constitution?
    Discuss the article in question, not the person who raised the issue. Even LAZ have not given a convincing explanation.
    Here is a scenario: A presidential candidates dies or resigns days before the general election. According to the article in question, the general election goes ahead (cast in stone), but the presidential election is cancelled. Will there be need to print new ballot papers? How long will it take to arrange for new nominations. The election can only be held with 30 days after new nominations (not 30 days after cancellation).
    Tell us LLBs Sirs, why this article is problematic or not problematic.
    The problem in Zambia we like titles without doing anything useful with titles, LLB, Dr, Major (even after retiring), I have a degree (without doing anything), etc. Mr. Sangqwa LLB, Mr. Sishuwa PhD and everybody are discussing what the president did not say, but discussing the president.
    The mental shallowness in Zambia is problematic. Even politicians are not saying what they want to do better or different, they just want to take over. God help us.

  17. A constitution is a document meant for people to understand because it is a people’s document, now if to understand it we need an LLB, then it is not a people’s document, then there is something wrong with those who drafted it. Every one is supposed to understand and intrepret the constitution

  18. A constitution is a document meant for people to understand because it is a people’s document, now if to understand it we need an LLB, then it is not a people’s document, then there is something wrong with those who drafted it. Every one is supposed to understand and intrepret the constitution

  19. The constitution is a document for everyone. Everyone is free to discuss it. With or without LLB , anyone can talk about it. Being a lawyer does not put one on higher ground than non- lawyer. We are all equal before the law.

  20. The constitution is a document for everyone. Everyone is free to discuss it. With or without LLB , anyone can talk about it. Being a lawyer does not put one on higher ground than non- lawyer. We are all equal before the law.

  21. You are feeling his weight now. HH is at another level and to tell you the truth if this behaviour is what you have been habouring in order to blind Zambians by manipulating the constitution using crooked manner in order to use the majority iliterate citizens who among them are those with little education and would be those not having LLB to mean it is only the lawyers with LLB to understand the meaning or interpretation the constitution then you have been and cheating yourselves. Now this trajectory will not be tolerated anymore and with the free education policy now by the New Dawn government going foward Zambia is going to have an educated population and this now is the end of you thieves and tribalists – bakaitemwe.

    Zambian population is now not the same again. Thank you Mr President Dr. HAKAINDE Hichilema for the free education policy and your hard work pronouncements, these PF crooks steal and with stolen money want to hoodwink the vulnerable and poor in Society by dishing out stolen coins ( money ) in order earn popularity and votes ia dying slowly soon it will vanish. This, i repeat, is also dying out and ECL, PF with it’s bunch of murderers and associated is remaining on bare rocks to be crushed completely.

    Bwana we don’t need LLB to have or know the constitution if it is for Zambians NO bwana just go uko with your LLB.

  22. You are feeling his weight now. HH is at another level and to tell you the truth if this behaviour is what you have been habouring in order to blind Zambians by manipulating the constitution using crooked manner in order to use the majority iliterate citizens who among them are those with little education and would be those not having LLB to mean it is only the lawyers with LLB to understand the meaning or interpretation the constitution then you have been and cheating yourselves. Now this trajectory will not be tolerated anymore and with the free education policy now by the New Dawn government going foward Zambia is going to have an educated population and this now is the end of you thieves and tribalists – bakaitemwe.

    Zambian population is now not the same again. Thank you Mr President Dr. HAKAINDE Hichilema for the free education policy and your hard work pronouncements, these PF crooks steal and with stolen money want to hoodwink the vulnerable and poor in Society by dishing out stolen coins ( money ) in order earn popularity and votes ia dying slowly soon it will vanish. This, i repeat, is also dying out and ECL, PF with it’s bunch of murderers and associated is remaining on bare rocks to be crushed completely.

    Bwana we don’t need LLB to have or know the constitution if it is for Zambians NO bwana just go uko with your LLB.

  23. When you say HH do you mean HE The President of the Republic of Zambia? And if so, where in the Constitution of the Republic is stated that that the President needs LLB? You are forgeting that there is Cabinet and in the Cabinet there is also Minister of Justice who is a Member and, as ex-uficio Member and principal leagal advisor to the Governmant there is also Attorney General who is assisted by hundreds of well qualified legal practitioners. Young man, leave your childish animosity towards HH in the crap house from where you come from when you mention sitting President of the Republic of Zambia

  24. When you say HH do you mean HE The President of the Republic of Zambia? And if so, where in the Constitution of the Republic is stated that that the President needs LLB? You are forgeting that there is Cabinet and in the Cabinet there is also Minister of Justice who is a Member and, as ex-uficio Member and principal leagal advisor to the Governmant there is also Attorney General who is assisted by hundreds of well qualified legal practitioners. Young man, leave your childish animosity towards HH in the crap house from where you come from when you mention sitting President of the Republic of Zambia

LEAVE A REPLY

Please enter your comment!
Please enter your name here