Dear editor
PF find another Candidate
“”I do solemnly swear that I will support and defend the Constitution; and will to the best of my ability, preserve, protect and defend the Constitution; so help me God”
Before I heard Sangwa, I supported the issue that a Presidental is term is five years and we should not infringe on ECL rights because he inherited an incomplete term. I was even accused of being bought because of my honest lack of understanding. The fact that I even proposed that the issue should taken to the concourt did not help when “PF” proceeded to go to concourt.
Sangwa educated me that that’s the old law; the constitution says “held office twice”
In 1991 the constitution was clear that a person can only hold office for two five year terms. But that created a loophole that one could resign before the five years and continue standing. One could be always resign before five years and say I did not complete the term and perpetually continue standing.
In 1996 we retained the five years but added that you can only be elected twice to the office of the the president. Basically closing the earlier mentioned loophole. So as at 1996 one could only be elected twice and limited to two five year terms
Come 2016 the law changed to say you can only hold office twice; this was in inorder to also accommodate the new office of veep being a running mate. So the wording was changed from “elected twice” to having held office twice. Before that one could only became president through elections, but with 2016 having introduced a veep running mate; a veep could ascend to the office if the president dies or is incapacitated without an election; hence the language ‘twice held’.
The questions are
– Has he held office twice by 2016 constitution? YES
– Has not been elected twice according to 1996 constitution?
The concourt decided? The concourt infact refused to answer both questions concerning president Lungu’s eligibility ; they insisted the way first question posed to them was about an individual and not interpretation of the law. The went has far has rephrasing the question and determined that from 2016 to 2017 did not consist a full term of fives.
The first answer was now to be cemented with the second question; Was ECL eligible to stand again? They refused to answer this question referring to the answer in the first question that they interpret the law and not circumstances of an individual.
I personally would love EL on the ballot but the law is the law. Someone has to give a better answer how he is eligibilible when he has been elected twice and held office twice which are clearly the limits.
“I do solemnly swear that I will support and defend the Constitution against all enemies, foreign and domestic, that I will bear true faith and allegiance to the same: that I take this obligation freely, without any mental reservation or purpose of evasion, and I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”
Nkonkomalimba Kapumpe.