SHOW US THE LACUNA IN THE CONSTITUTION REGARDING THE HOLDING OF ELECTIONS- PRESIDENT LUNGU PROBES HH

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SHOW US THE LACUNA IN THE CONSTITUTION REGARDING THE HOLDING OF ELECTIONS- PRESIDENT LUNGU PROBES HH

ECL- wrote ……..

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…. Read more

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7 COMMENTS

  1. C’mon baba you’re too full to see the lacunae. You don’t even read the constitution mudala Iwe. It’s true you were an indisciplined lawyer.

  2. You are just scared for nothing. HH may is not be a lawyer just as you are not an economist. As a former RP you are aware that speeches are written for the President. Note it is the Legal affairs ministry that said there are gaps in the law and not the president persey. Sir your reasoning baffles us sometimes. Please use your intellect than your emotions you are embarrassing us.

  3. pm
    C’mon baba you’re too dull to see the lacunae. You don’t even read the constitution mudala Iwe. It’s true you were an indisciplined lawyer

  4. 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.

  5. Ati too full, too dull to see the lacunae kikikiki. Also too unwise(sorry I can’t use the correct word) that you can’t wait a bit and think why the president said that. You mean the president/ I mean HH7 aka Bally can stand in front of more than 20million Zambians and billions of YouTube overseas viewers to say something he didn’t consult from Technocrats?
    He was not in a bar boss, its you sir who at all times speak like you are from consulting a grade 4 drop out.
    Anyways,,,

  6. A few years ago, you told the country that Bill 10 was meant to fix some lacuna, or what was it meant to address?

    If an election has to be postponed because one candidate withdraws or dies after nominations as it has happened before, what stops it happening at presidential level? Are you sure you would like to go for 2026 elections with such provisions unchanged?

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