Following President Hakainde Hichilema’s remarks that there are lacunas in the current constitution which would make the country not hold elections for eight years, former President Edgar Lungu has responded:
Fellow Citizens,
It is said that ignorance of the law is no defense and that little knowledge in a particular subject matter can be very dangerous.
While we can excuse Mr Hakainde Hichilema for his ignorance of the law, we are concerned and actually worried that his little knowledge or understanding of the Zambian Constitution can be very destructive and has the potential to set the country on fire.
As he officially opened Parliament today, he talked about lacunae in the Constitution that need to be addressed because some of them could lead the country to NOT having elections for 8 or 9 years.
Such a reckless statement should not be allowed to come from the mouth of a Head of State.
To start with, what is a lacuna in the context of the law? Simply speaking, a lacuna refers to a “deficiency” or “gap” in the legal system or a law. In common or lay language, when we hear people say the law is “silent” about a particular matter, they are basically talking about the “lacuna” in the law.
As far as Zambians are aware, the Republican Constitution, as amended in 2016, is very unequivocal about the subject of holding elections. This is the Constitution that has been credited with the unprecedented prescription of even the date for General Elections.
A lacuna in the Constitution implies that there is no specific provision or regulation that addresses a particular situation or issue.
So can Mr Hichilema disclose the actual gaps in the Constitution regarding the holding of elections which he referred to before he excites unnecessary debate about the extension of his stay in office knowing that his days are numbered?
There has been talk that the UPND government is contemplating to extend the Presidential term from the current 5 to 7 years. This type of reckless pronouncement from Mr Hichilema inevitably gives credence to such talks about extension of the Presidential term of Office which in the first place should not even be the subject of any kind of debate or discussion.
Zambians, Wake up and stop this apparent dictator from tampering with our Republican Constitution in order to extend his stay in power even when he has lamentably failed to improve the lives of the people.
He thought 2026 was very far. Well, Here it is; 2026 KUYA BEBELE!!
There is no lacuna to cling to.
Dr Edgar Chagwa Lungu
Sixth President of Zambia
Patriotic Front PF President
Lol.
It’s rich hearing this man talking about dictatorship. Mr. I’ll handover power to myself. FOH
Bwana Lungu, if you read Article 52 clause 6 of the constitution, it is specified that ECZ shall cancel the election and require the filing of fresh nominations by eligible candidates and elections shall be held within 30 days of filing of the fresh nominations where a candidate dies, resigns or becomes disqualified in accordance with Article 70, 100 or 153. So what stops a planted candidate from resigning before any scheduled elections which would compel ECZ to cancel elections on several such occasions??? It is the people who endorsed this constitution and signed it who are ignorant of the consequences of Article 52 clause 6.
To imagine the constitution that says you can’t be sworn in more than two times, and he’s in court challenging that, WTFs wrong with this man???
BWANA EDGAR, YOU YOURSELF KNOW THAT A TERM RUNS FOR 5 YEARS AND A PRESIDENT IS ELIGIBLE TO RUN FOR ANOTHER FIVE YEARS TO MAKE TWO TERMS AND THERE AFTER HE IS INELIBLE, SO TEN YEARS IS THE LIMIT AFTER TWO TERMS. YOU RULLED FOR SEVEN YEARS BUT WAS ALLOWED TO GO FOR ANOTHER FIVE YEARS WHICH COULD HAVE MADE IT 13 YEARS OF POWER HAD YOU WON THE ELECTIONS, THAT ALREADY GOES ABOVE THE TEN YEARS AND IS A LACUNA IN THE CONSTITUTION AND YOU ARE A GOOD EXAMPLE SO LOOK NO FURTHER.
Remember he signed the constitution with closed eyes. I mean ECL.
The Lawyer ECL told his PF members at one time that the constitution may not allow him to contest the 2021 election and he later changed his mind to contest and he was humiliated badly.He allowed his ministers to continue working even when he dissolved parliament himself saying he is a lawyer and he was right.But was proved wrong.He refused to hand over power to the Speaker when UPND disputed the election after an appeal was effected.He acted against the law.Today he is the one to lecture on Lacunas.Please God must come quickly to see what is happening here on earth.
Even a fool is counted wise when he holds his peace; when he shuts his lips, he is considered perceptive.
Proverbs 17:28
Jammerson kaminamisa…..shame on you for even responding to the President’ address under influence. You misled your ministers and they paid back through their noses and today you respond exposing your hate and painful heart. Let HH rule for now he will teach you a lesson soon.
Were we not told that Bill 10 was to correct some short comings or lacunas, in the constitution?
Mr Lungu zoona, if it was me i will better remain quiet. You started it by leaving your ministers in the offices in order to defraud the government – through drawing salaries and allowances, a deliberate cover to extend their five years contracts not as per constitution and knowìngly to blindl Zambians by arguing against the truth ignoring even the constitutional court judgement. See and guese who started refunding the stollen monies the daga man sinkamba.
You again started threatening constitunal court judges during yiur eligibility case just to extrnd your stay in power and 2016 you know what yiu did during the presidential election petition. Up to now that judgment jas never been passed. Add the years that you stayed in power without proper election . More than 7 years. Mr. Meno meno
ECL is childish and crimpy. He is a noisemaker.
Honestly speaking, there is seriously wrong with Lungu, he is now talking about the same law which he never respected during his reign. When you wanted to bring the shameful bill 10, what lacunas did you want to correct or change? You who knows the law, why did you want go for the third term? Why did you fail to hand over power to the Speaker during the petition? Why were you not sworn in by the Chief Justice? Why did you allow the Ministers in office after dissolution of Parliament? Is that what someone who knows the law can do? Stop talking carelessly because you who is a Lawyer abrogated the Law much more than HH who is not a Lawyer. What you did are very serious offenses and are all prosecutable. The same law you claim to know will deal with you because you were deliberately flaunting it.
ECL himself is a lacuna in mankind. How can a lacuna remove itself? No sane human being, Jameson or not will say we want to enact Bill 10 to remove lacunae the say the exact opposite after being whitewashed?
The man is a scatter brain. A moron with no shame despite his entire so called family being caught pants down by ACC, DEC and FIC.