Gen Miyanda answers Mubanga Luchembe on alleged flawed petition


Dear Editor,

One Mubanga Luchembe (sorry Mr or Ms), relying on a report in the Daily Nation of 14th April 2016, has alleged that my petition in the Constitutional Court is flawed.

I would expect this to be a challenge in court by the Attorney General, who is a party to the proceedings;  Mubanga Luchembe is NOT a party and should not take for granted what he reads in newspapers.

I did not make a statement to the Daily Nation; further the Daily Nation story is edited in some parts but does not disclose my submissions because there are none at this stage.

It is not my practice to discuss the merits or otherwise of cases that are in court.

I value and respect our court system. Suffice to quote relevant portions of a statement by the Honourable and Learned Minister of Justice when he, in advancing a case for or against a referendum, stated thus, “the Referendum is the most democratic way of deciding single issues such as abolishing or maintaining the death penalty”.

I agree entirely with this Government’s position on single issues as it fortifies one of my arguments against the Omnibus 2016 Election!

One may ask Mubanga Luchembe these questions: what is the question that Mubanga Luchembe will be answering on Referendum day – has he been informed?

Will it be one question concerning the whole of Part III? Will it be several questions on the Bill of Rights? Will it be an entirely new Part III?

What of the literacy levels of most of our people, is Mubanga Luchembe not concerned? Just now I am reading a statement revealing that the JCTR is conducting sensitisation programmes throughout Zambia.

What are the questions they are sensitising the villagers about for them to vote for or against those questions? Is the JCTR privy to the questions which are not yet in the public domain?

Mubanga Luchembe has, without justification, cast aspersions on my character instead of arguing his case, which I object to strongly.

I do not take as a joke appearing before any of our courts. I have appeared countless of times before magistrates and judges and I am certain none of them takes me as a joker. Right now I am in full control of my faculties.

Mubanga Luchembe has declared that “thankfully the Referendum will be held alongside the August 11 general elections”.

This is the very issue I have asked the court to determine. Is he revealing that the Constitutional Court have already determined this question and have communicated their decision to him? This is contemptuous to say the least.

He should tread carefully when he disparages other citizens; there are sanctions to these things. On this one occasion I will let this matter pass.

Categorized | Letters

One Response to “Gen Miyanda answers Mubanga Luchembe on alleged flawed petition”

  1. This actually answered my problem, thanks!|


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