LUNGISANI LUNGU AND LAZ ARE NOT BEING SINCERE
15th September, 2024
LUSAKA – We have taken note of the legal advise rendered by the Law Association of Zambia n view of the ongoing debate on Constitutional lacunaes in which they also attempt to read provisions of article 266 and 52(6) in relation to the definition and difference between a General Election and Election.
In as much as we are prompted to agree with the position rendered by the legal body, we still feel the position equally has a lacuna which has failed to cure the lacuna the Constitution finds itself in.
Ok let us assume a week before the second Thursday of August as prescribed by law, a Presidential candidate withdraws, resigns or is convicted and ECZ goes ahead to cancel the ‘Presidential election’ in line with Article 52(6) and in the meantime allows for the election of MPs, Mayor and Councilors.
The process of re-nomination might take not less than 30 days and the election another 30 days which brings us to October. Meanwhile, the other three elected positions are inactive because there is no-one to Kickstart their mandate because there is no President other than the caretaker President who has no Constitutional authority to open Parliament to allow MPs carry out their mandate.
A week before October when new Presidential elections are due to be held, another Presidential candidate misbehaves and invokes provisions of article 52(6) by withdrawing meaning ECZ has to cancel the poll again and conduct re-nominations.
So in the reasoning of Counsel Lungisani Lungu, it is ok to elect MPs and Councilors and then wait to have a Presidential election after 60 days or so in case article 52(6) is invoked?
Is he not seeing a Constitutional crisis where the country will have MPs and Councilors without an elected President because the election was canceled? Who will open Parliament in the absence of a substantive President?
LAZ can do better and provide better legal advise not this politically motivated illegal position.
LAZ should not bury its head in the sand here. Article 52(6) is a lacuna that needs to be addressed like yesterday and fortunately it is non contentious.
My Senior Counsel should take off his political lense and use his profession in guiding the nation on this very critical matter.
LET THE DEBATE CONTINUE but Constitutional Lacunaes must fall.
I submit
Cheelo Katambo
Deputy Media Director – UPND
15/09/24
Cheelo Katambo-Deputy Media Director – UPND Here we are again what and with the most learnt lawyer from Harvard, Cambridge and Oxford universities with bar experience in constitutional law and politics background. Reading the Constitutional or law does not mean you are expert but a reader and nothing else. Just the same in medicine, you read from books but with going through the training and practicing you are not an expert.
The problem Cheelo is , in UPND you have brilliant, intelligent, talented and seasoned lawyers who can be used to explain Lacuna but you are even worse than the PF time because everyone is a spokesperson or knows better than the legal team in UPND.
2: The president has legal resources at his discretion or disposal to get legal advice from any minute or milliseconds but when knowing it all has the most unexpected consequences. I rest my case
Bo cheelo does it mean as upnd there is nothing under the sun you can accept from opposing views or side? The same institutions and individuals who sided with you against ecl and pf when you were in opposition today you are always insulting them and calling them names and dragging them to courts wanting them to be jailed like the case of Mr. Changala. Mulibantu ababi imitima God will judge you in this life and your end will not be good at all.