THE DEBATE ON INDEFINITE ELECTIONS IN ZAMBIA: OFFICIALLY CLOSED- Prof. Edgar Ng’oma

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_*Photo: His Excellency Mr. Hakainde Hichilema President of the Republic of Zambia addressing the national assembly of Zambia*._

_*THE DEBATE ON INDEFINITE ELECTIONS IN ZAMBIA: OFFICIALLY CLOSED.*_

_*By Prof. Edgar Ng’oma*_

*Monday 16th September 2024.*

_WIthout fear or favour._

The recent debate on potential 8-9 year indefinite elections in Zambia has been conclusively settled. Following President Hichilema’s address to the 13th session of the National Assembly, highlighting lacunae in the Zambian Constitution, the Law Association of Zambia and constitutional lawyer John Sangwa have provided clarity.

Their expert guidance has unequivocally established that Zambia’s Constitution ensures timely elections and seamless transitions. In fact, our Constitution is robust regarding election dates and processes.

To reinforce this point, I’d like to emphasize that a Presidential term is limited to 5 years. If nominations are refilled, the incumbent President’s term automatically expires. Therefore, claims of extended rule for 7-8 years are misconceived.

*Article 81(4) of Zambia’s Constitution supports this assertion*:

_”*If the office of President becomes vacant due to the dissolution of Parliament, the Speaker shall act as President until a new President is elected and sworn into office*.”_

This provision guarantees continuity and stability during transitions. The Speaker assumes acting presidential duties until a new President takes office.

_My advice to the President’s Handlers;_
To prevent unguided statements that may cause alarm and discontent, please I urge the President’s handlers to:

1. Adequately prepare him on pertinent issues before public addresses.
2. Ensure thorough research and briefing on constitutional matters.

By doing so, the President will engage the public with confidence and accuracy.

In conclusion, with these clarifications, the debate on indefinite elections in Zambia is officially closed. I submit my informed perspective without prejudice or assumption.

*Prof. Edgar Ng’oma*
*Philosopher/Distinguished Governance Fellow*

3 COMMENTS

  1. What idiocy is this from Ngoma?? Did Lungu allow the speaker to act as president when his election was petitioned?? Dont push your wishes on the throats of all Zambians!!

  2. Those Lacunas are there in the constitution, but remember the President said there can be arrogant and scrupulous Presidents that can use the Lacunas to stay in power. Maybe SC Sangwa has forgotten: DIDN’T ECL stay in power by NOT allowing the Speaker to carry the instruments of power when the Petition Case was in ConCourt by UPND then in opposition? ECL continued to rule instead of The Speaker. So, the Lacuna in 52 clause 6 hould be sealed don’t concentrate on HH but the clause. It can be a nuisance in near future then you will say where were the Lawyers and Parliamentarians yet the Lawyers SC Sangwa is blind to see what HH is seeing.
    Chilioko tuleya!

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