THE ELECTION COULD EVEN BE DELAYED FOR 20 YEARS – KABIMBA

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THE ELECTION COULD EVEN BE DELAYED FOR 20 YEARS – KABIMBA

Lawyer and leader of Economic Front Wynter Kabimba says President Hakainde Hichilema if indeed he wanted to delay the election he could have not come out publicly.

Kabimba who was a critic of President Hichilema but recently announced he would work with him to stop PF from bouncing back says Hichilema’s statement for the delay by eight or nine years was an understatement.

“Even for him to say [elections can delay for eight years] is an understatement; it can go on for 20 years. Do you think a reasonable person will tell you that this is how I am going to circumvent an election?” Kabimba is quotaed by Daily Mail to have told a radio station in Lusaka this week.

He said that, when he listened to the context of the statement by President Hichilema, the correct word at law was mischief or the absurdity of Article 52(6), and not a lacuna.

The former Justice Minister said Article 52(6) debate off tangent, President Hichilema’s words have been deliberately twisted.

He said Article 52(6) of the Constitution is clear, but has an inherent absurdity that needs to be cleaned.

Kabimba said the debate that has ensued after President Hakainde Hichilema, in Parliament last Friday, talked about how article 52(6) could delay an election, is off tangent.

“The people are debating what the President didn’t say.
“It is very interesting that the whole country, or at least those who have participated in this debate, are debating themselves. That’s not what HH said. He didn’t say there will be no election in 2026,” Kabimba said on the ‘Talk of the City’ programme on *Lusaka Radio*.

He said there could be a situation where a Presidential candidate in an election files nominations and withdraws their candidature and elections for the President are postponed or cancelled, waiting for fresh nominations within 30 days.

“That is not a lacuna, but the mischief or absurdity which is in that article. That’s what the President was speaking “.

Kabimba said he was shocked at how many politicians have arrived at the conclusion that President Hichilema’s comment is equal to saying he wants to be in office without being subjected to a vote in 2026.

“Do you really think if that’s what he meant he could have said it? He is in power, he can simply keep quiet and pay somebody [a presidential candidate to withdraw] and they have fresh nominations and pay somebody again.

He said that, when he listened to the context of the statement by President Hichilema, the correct word at law was mischief or the absurdity of Article 52(6), and not a lacuna.

6 COMMENTS

  1. Well done, Winter. That is a legal argument we expected but did not get from the other learned coleagues who commented on the matter.

  2. Well done, Winter. That is a legal argument we expected but did not get from the other learned coleagues who commented on the matter.

  3. This is very obvious and we have seen the occurrence of nomination after nominations so what can stop this from happening in other elections to come.It is just sad that even learned Lawyers we depend on can join a band wagon in desputing facts they understand too well for political expediency.One of these learned Lawyers had issues with running mates in 2021 elections where he thought all running mates might not have satisfied some electoral requirements, you see that’s why some certain clauses in the constitution must be revisited to avoid wasting time on injunctions and waiting for rulings from courts.The President was good enough to highlight on these constitutional issues that matter.

  4. This is very obvious and we have seen the occurrence of nomination after nominations so what can stop this from happening in other elections to come.It is just sad that even learned Lawyers we depend on can join a band wagon in desputing facts they understand too well for political expediency.One of these learned Lawyers had issues with running mates in 2021 elections where he thought all running mates might not have satisfied some electoral requirements, you see that’s why some certain clauses in the constitution must be revisited to avoid wasting time on injunctions and waiting for rulings from courts.The President was good enough to highlight on these constitutional issues that matter.

  5. Am now doubting the brain and spine for John Sangwa SC. What type of a lawyer is this man. Shifting goal posts even when it is penalty kick.
    Driven by hatred not passion for Zambia
    After all there is good governance and sober leadership.

  6. Am now doubting the brain and spine for John Sangwa SC. What type of a lawyer is this man. Shifting goal posts even when it is penalty kick.
    Driven by hatred not passion for Zambia
    After all there is good governance and sober leadership.

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