THE decision by the UPND to file an electoral petition before the Constitutional Court will have an adverse impact on the peace and security of the state, Evelyn Hone College Students Union (EHCOSU) president Madaliso Mvula has observed.
Mr. Mvula said the security of the state would be at stake if the UPND went ahead its decision, saying certain Presidential prerogatives were non-delegable to any substitute executing the official functions of a President.
“We have no objection to the decision by the UPND; however the decision has adverse impact on the peace and security of the state, especially where the speaker of the National Assembly assumes the role as a substantial presidential office bearer while the petition waits determination before the bench of the constitutional court. The security of the state is in limbo,” Mr. Mvula said.
He suggested that there was need for constitutional reforms that would avoid such illogicality in the institution of the Presidency.
Mr. Mvula urged the next Cabinet to consider taking the bill to Parliament that sought to amend Article 103 to make specific provisions or constituting of specialised hard-core committee whose core task would be to enquire into the ground as alleged by the political parties.
“The rationale behind this is to ascertain whether the allegation fall within the provisions of article 103, clause 1 and clause A of the constitution, because as it is now, the incumbent President Edgar Lungu who was a candidate in the election is subject to legal proceedings which potentially paralyse the governance of the country.
“A preliminary enquiry must be held before legal proceedings are instituted to avoid certain malicious proceedings. Now that the UPND have made up its mind to seek legal redress we know that the matter will be dealt with expeditiously and the security of the state will properly be guided during this period of transition,” he said.
Meanwhile, Mr. Mvula has told the Daily Nation that the students were satisfied with the re-election of President Lungu into office.
He said President Lungu was validly elected as he satisfied the
requirement prescribed under Article 101, clause 4.a as amended in 2015 which provided for the 50% +1 of the valid votes casted.
“We congratulate PF Presidential candidate Edgar Chagwa Lungu in the just ended Presidential elections, as students we are satisfied with his re-election and we hold that the declaration made by Justice Esau Chulu conclusively affirm the fact that the provision of the constitution and the electoral act they are complied with before he was proclaimed the winner,” he said.
Mr. Mvula also charged that the decision by the opposition to petition the election results was determined before the vote was casted as an alternative to wrestle power from the PF in an event the UPND lost elections.