PS KAWANA CLARIFIES PRESIDENT HAKAINDE HICHILEMA’S REMARKS REGARDING LACUNAS IN THE CONSTITUTION
Today, Information and Media Permanent Secretary Mr. Thabo Kawana held a press briefing to address former president Edgar Lungu’s calculated attempt to mislead the public on the President’s remarks made yesterday regarding the constitutional lacunas.
Below are the highlights;
✅ President Hakainde Hichilema has observed lacunas in the Republican Constitution which could potentially cause problems for the nation.
✅ He noted that certain provisions of the constitution are problematic and need to be amended in a way that is both economical and effective.
✅ According to Mr. Kawana, President Hichilema had to make such a pronouncement in Parliament because it is the body that has the authority to make and change laws.
✅ The constitution of Zambia number 2 of 2016 Article 52 clause 6 says where a candidate dies or resigns or is disqualified in accordance with Article 70 or 100 or 153 or the court disqualifies a candidate for corruption or malpractice after the close of nominations, and before the election date, the Electoral Commission of Zambia shall cancel the election and require the filing of fresh nominations and elections shall be held within 30 days of the filing of fresh nominations.
✅ He noted that some clauses in the constitution create problems at different levels affecting different things such as elections.
✅ PS Kawana cited a number of elections that were previously affected by these constitutional lacunas such as the 2022 Kabwata by-election which was originally set for January 2022 but was rescheduled to take place four months later due to the UPP candidate’s withdrawal.
✅ Electoral Commission of Zambia (ECZ) postponed ward-level elections in Mpulungu and Mandevu Constituency of Lusaka during the 2021 general elections due to the withdrawal of some candidates from those elections.
✅ In this regard, Mr. Kawana posed this question, “What will prevent the lacunas in the Constitution from causing a general election, if they can cause the by-elections mentioned above?”
✅ The Permanent Secretary said President Hichilema is not a bad President, that is why he wants certain provisions in the Constitution to be amended.
✅ President Hichilema made no indication whatsoever that he intends to extend his term of office or amend the Constitution to enable him to serve a term of seven years instead of five.
✅ President Hichilema has never claimed to be a lawyer. One wonders why the former president who claims to be an excellent lawyer signed the Constitution with such lacunas. This refutes the allegations made by former President Edgar Lungu that President Hakainde Hichilema lacks legal knowledge.
✅ The Permanent Secretary has appealed to the opposition political parties to confront government with facts rather than gazing in the mirror and seeing a reflection of their own desires and self-interest when they wish to criticise the Hichilema administration.
He just dull and doing a damage control for his boss ,we know kawana he is a taboo for such actions
Allow state house to do their job by making a clarification ,that’s not your duty my beloved PS.
But I like your courage
We will vote this lacuna out in 2026.
Vote wisely in 2026.
The so called Top Notch Lawyer signed defective Constitution. Let the Lacunas affect 2026 General Elections when some presidential candidates withdraws 4x at different dates and postpone General Elections 4x then you start saying UPND is organizing them to withdraw.
There’s nothing to clarify, this Hichilema and Upnd are just waiting our time. The earlier they are out of government the better for Zambians. Twachula pafula! Insala yachilamo mu chalo!
The problem Hakainde has is that of credibility. No one trusts what he says.. except the Praise Thugs of course. When you have credibility issues hanging over you, the best is to be more consultative in your dealings. How did he come up with an extension of date of elections of 8 to 9 years?
If you want to change provisions of the constitution, a people driven consultative process should be the mode.
As things stand, a different Government will be more placed to change the constitution through a consultative process…not Hakainde ‘s imingalato.
You are a thug and an Id!ot for that.You got used receiving envelops from Lungu and Bowman.This time the game has changed bakabwalala mambala sakalanyongo.You will cry until 2031 with your hatred you tribalists.Mukany* until
Article 52 in our constitution which calls for the cancellation of elections in the event of death of a candidate has been there as far as I can remember. Elections have been held after the General Elections whenever a death occurred. The extension to disqualification by ECZ due to corruption was meant to protect the integrity of our Electoral systems.
As is always the case with Hakainde, what you see is not what you get. Hakainde has other motives for wanting to change the constitution using community House. It’s not this clause he is interested in.. There’s no Lacuna here.
The lacuna he is interested in is in Article 106 ..The conflict between occupying the office of Presidency twice, and the meaning of a Presidential Term..ECL shouldn’t be on the Ballot again. The constitutional court bridged the lacuna, but Hakainde can’t bring himself to accept this.
If the constitutional reforms he seeks are above board why being secretive? Why should the reforms be done in his pocket? Let the reforms be conducted, as always, by a people driven process, and not him at the helm. Let the people identify the Lacunae… Infact another Government is better placed to handle this. We know Hakainde too well..He can’t be trusted to change even a word in our constitution!
You’re real hallucinating! Didn’t he say this exercise of amendment of the Lacunas will be done by Parliamentarians? Are the PF and independent Parliamentarians not part of this? How can HH slip in any amendment to favour himself Infront of this group of law makers? Only that to day anything from HH is tagged with suspicions and is terribly bad!
The constitution is a living document, in years to come and with growing of democracy we may experience what HH has noted – prolonged stay in State House by the incumbent due to flip over flip due to withdraws, death or resignation by Presidential candidates after nominations and set polling date. It can even be an arranged withdraws by fake small political parties schemed by the incumbent.
Don’t you see that as many Alliances and political Parties get formed? It may happen even in 2026. It has been happening at MPs level. We saw postponements in the recent past pushing Parliamentary elections further and further the case of Kabwata constituency and other constituencies. Imagine it was a Presidential candidate the same can happen and HH will remain in State House over these postponements.