THE LACUNA IS IN HICHILEMA’S HEAD
Mr Hakainde Hichilema has been denying that he wants to amend the Constitution to abolish the 50% plus 1 requirement for electoral victory, the running-mate clause, and remove the five-year presidential term limit and introduce a seven-year one.
Now, Mr Hichilema wants to amend the Constitution because there’s some lacunae that could lead the country to not having elections for eight or nine years. This is nonsense. There’s no lacuna about when the elections should be held in this country. Probably, the lacuna on this, only exists in his head.
Mr Hichilema seems to be using a word whose legal meaning he doesn’t understand.
A ‘Lacuna’ in law is the term given to any situation where there’s no applicable law in place. This situation is also less commonly described as a ‘non liquet’. The Latin meaning of this being ‘it is not clear’.
It is a matter where currently no law exists. A ‘lacuna’ highlights an area that requires more clarity and should be governed by the law in the future.
And there’s clearly no lacuna in the Constitution as to when elections should be held.
It is clearly spelt out in Article 56 of the Constitution when elections should be held. There’s no lacuna in this. In his head, Mr Hichilema sees a lacuna in this, and wants to change this from every five years to every seven years. The only lacuna here, is in his desire to increase the presidential term of office from five to seven years, and not in the Constitution.
In Articles 47(1) and 101, the need for 50% plus 1 is clearly spelt. In his head, Mr Hichilema thinks he can win with less than 50% instead of 50% plus 1. This is the lacuna in his head and not in the Constitution.
Then also, Mr Hichilema seems to have problems with having a vice-president who is directly elected by the people as a
running-mate of the presidential candidate. He seems to desire a vice-president appointed by the president and who can easily be removed by him at any time, and without reason. Again, there’s no lacuna here. The lacuna is simply in his head.
But he is cheating himself with all these “blatant power grab” manoeuvres, which have the potential to weaken our democracy and provoke political instability due to public anger.
Mr Hichilema should know that the Zambian people won’t allow him to temper with the Constitution, and attempt to sneak in a third term of office by the back door. He won’t succeed. He is cheating himself. He is playing with fire.
We dare Mr Hichilema to try and defer the 2026 elections for eight or nine years and see what will happen! Batila mwikala patalala mwine apatalalika.
Mr Hichilema is pushing his luck too far. Kalulu tapusuka mipya ibili. Dishonesty is like a ring of fire that eventually will spread and ensnare you.
Mr Hichilema has deceived Zambians enough. They now know who he is and ubucenjeshi tabulwila libili. You can only use deceit to get out of a situation once. Once people discover your dishonesty, you will not be able to fool them again.
Let him just deliver on the many things he had promised and continue to promise Zambians. Cenga-bupele walaile imfumu umusengele wa cela. In his effort to win Zambians’ votes and support, he promised so many things he could not deliver and caused himself trouble. But trying to prolong his stay in the office by eight or nine years won’t do. 2026 kuya. Nako haicaile icaile! When time is over, it’s over!
Fred M’membe
President of the Socialist Party
Mmembe while there may not be a lacuna in the constitution when elections should be held, you completed miss the point HH has raised during the SONA. If you read Article 52 clause 6 of the constitution, it is specified that ECZ shall cancel the election and require the filing of fresh nominations by eligible candidates and elections shall be held within 30 days of filing of the fresh nominations where a candidate dies, resigns or becomes disqualified in accordance with Article 70, 100 or 153. So what stops a planted candidate from resigning before any scheduled elections which would compel ECZ to cancel elections on several such occasions???
If that is the case let him just. Amend the same clause and not postponed the 2026 election that will be suicidal
Zamzam f*ck you sir! Did he say he was going to suspend the 2026 general election PF Mambala iwe? C’mon stop being a permanent PF idiot iwe.
Afuledi Matako, but you instead want to stand as running mate to lungu whose been sworn in twice already as president? Are you ok in your head or it’s just your usual self talking through kumatako???
Indeed Cde Fred Mmembe, there is a very big lacuna in Hakainde’s head. But the Lacuna in his head won’t allow him to tamper with our constitution…It will be fought by the Zambian people.
Hakainde is opening battle fronts everywhere… with the Catholic Church, with the Opposition Parties, even with the Gen Zed Youth, the babies and suckling he is detaining for 13 days without bond…and now his lacuna has taken him to a new front.. against the Zambian people. You tamper with the Zambian Constitution, you invite the wrath of the people..
12th August, 2026 Presidential and General Elections …under the 2016 Amended Constitution …5 year term, 50+1 Majoritarian President, VC Running mate. Period.
Think before you reply and read waht others have highlighted on what the lacuna is.
Hallucinating Hypocrite too much idiocy and nonsense in your comment. People have highlighted clear instances that can lead to delayment of holding General Election which in your weird PF mentality failed to appreciate. F*ck you sir for being a permanent PF idiot.
Hallucinating Hypocrite, Didnt HH win the presidency under the 2016 so called amended constitution. What makes you think HH is scared of the upcoming 2026 elections?? The point HH raised is that some articles and clauses in the current constitution can open channels for continuous cancellation of scheduled elections when and if any eligible candidates dies, resigns or is disqualified before elections are held. Continue hallucinating as this is free!!
Hakainde is the lacuna himself that needs removing.
Vote the lacuna out in 2026.
Indigo Tryol f*ck you sir for being a permanent PF idiot. People have highlighted clear instances that can lead to delayment of holding General election which in your stinking PF head fails to capture. Abash guntrotting and Panga Wielding PF criminals for good.
Ba Fred,you have already forgotten the suing of running mates by one of the prominent lawyers.Please dig deeper.Dont you become a political turn coat.Why do you want to waste time with syntax and semantics.Semaphores or semblance.Petty talks! If something is missing in your literature and you seriously need it and an opportunity can be found to do that then you must make the correction.And HH was talking about making corrections either on missing matters or adding the necessities.For example you can remove the immunity of former president and it is explained but how about restoration of the immunity in case of a need to do so when one is acquitted.
There goes ba Fuleti and his sour grapes. This man’s open concoction of Bitterness, hatred and jealousy will consume him. But ninshi balengilako namu church!
Fred is a very conflicted chap. He is good at name- calling his opponent. This man is an architect of hatred of Tongas and Lozis
Ki mungete
Fred is now both an English and law teacher. His pomposity doesn’t leave him, he keeps on using bad words like that’s nonsense. Respect for yourself and others is very important, otherwise how do people respect you when you, you don’t respect anyone? No wonder SP is now the fastest melting party in Zambia. Where and when did HH say that he will suspend or postpone the 2026 general elections? May be just in your head.
But ka Fred nika jealous. You know you were supposed to be in jail for tax evasion for several years.
The same lacunae saved you. You mean you don’t know you escaped jail because the leaking constitution couldn’t find you guilty???