Dismiss Lungu eligibility petition – LAZ

Fri, 03 Mar 2017 08:33:36 +0000

By CHIKUMBI KATEBE

THE Law Association of Zambia (LAZ) has applied that the petition in which four opposition parties are seeking a declaration of President Lungu’s eligibility to contest in 2021 general elections be dismissed on the basis that the petitioners have no locus standi in the matter.

And the Constitutional Court has allowed LAZ, United Party for National Development (UPND) and General Godfrey Miyanda to be joined to the proceedings on the presidential tenure of office.

LAZ legal counsel Messrs Simeza, Sangwa and Associates have argued that the originating summons do not disclose issues which could support the determination of the matter by the Constitutional Court.

“The issues raised in the Originating Summons are procedurally non-justiciable by the Constitutional Court in that the applicants have no locus standing in the matter.

“The issues raised in the Originating Summons are ultra-vires the provisions of Article 52 of the Constitution, hence null and void,” they submitted.

Earlier Constitutional Court Justice Margaret Munalula made a ruling that Heritage Party president Godfrey Miyanda be joined to the matter despite objections from the petitioners that he should not have been allowed because he did not participate in the 2016 general election.

Justice Munalula said the HP leader had expressed acceptable reason to be joined to the proceedings on the interpretation of the law concerning the eligibility of President Lungu, and that he was an interested party. The four opposition leaders petitioned the Attorney General over the interpretation of the legal provisions on the eligibility of the Head of State in the 2021 elections after serving 18 months in office following the death of president Michael Sata three years into his tenure of office.

President Lungu first took oath of office on January 23, 2015, for a period less than three years, which disqualified the said period from being called a term.

According to the 2016 Amended Constitution, President Lungu had not clocked the required three years stipulation to be called a term, and so could not be termed as such.

Christian Congress Party president Danny Pule, Zambia Republican Party’s Wright Musoma, Pastor Peter Chanda’s New Congress Party and Citizens Democratic Party petitioned the Attorney General over the law that restricts a President to serve a maximum of two terms in office with an exception of when the period is less than three years, as such could not be termed as a term.

Justice Munalula has since directed that the petitioners submit their response in 21 days with a reply expected by the end of one month.

Musoma doubts HH’s Christianity claims

By SANDRA MACHIMA

ZAMBIANS are starting to doubt Hakainde Hichilema’s Christianity because of the way he is coming out publicly with statements of hate which are not in conformity with Christian principles, Zambia Republic party leader Wright Musoma has charged.

Mr Musoma said it was sad that someone who was vying for public office was portraying himself in a manner that was questionable to the Zambian people who could give him a chance to be in power.

He said it was advisable that the opposition leader should seek God’s guidance.

Mr Musoma stated that it took a good leader to exercise patience, humility and respect for one another, saying that could be the only way Zambians could be convinced that Mr Hichilema was ready to take public office.

“At this moment Mr Hichilema cannot convince the people of Zambia; the more he talks, the more he is losing out because it is of no good or benefit to the country’s development.

‘‘Mr Hakainde needs deliverance because the way he comes out in public leaves much to be desired and this is in Zambia where we should be guided by the Christian principles.”

He said the people of Zambia had by themselves decided who would be their leader, and therefore it was unacceptable that the opposition leader had continued to mislead the nation with his utterances against President Edgar Lungu.

Mr Musoma told the opposition political parties that being in opposition did not only mean to oppose but to provide alternatives to the government because it was the government-in-waiting.

He said Mr Hichilema was an economist but he had failed to prove to the Zambian people what he could do for the benefit of the nation.

“Now what  could he have done even if he was to be given the opportunity to be the Zambian President that he could not do now, when the country dearly needed people like him to help the nation economically.

‘‘What can he prove to these citizens, and this should be an eye-opener to Zambians what type of a leader he could be,” Mr Musoma said.