Admit your loss UPND told
With each day that passes it is becoming clear that the UPND are labouring under very serious misapprehensions.
GBM in his usual insulting manner informed the nation that upon tendering their petition, President Edgar Lungu would vacate office and become Mr. Lungu.
This was a complete misunderstanding of the law. No wonder even their petition will fail on a technicality even before their issues are addressed.
The only time a President elect must hand over power is when there is a challenge after a rerun as provided for in Article 103 of the constitution. In the present case President Lungu won and should be treated in accordance with Article 101 which regulates the first ballot win of 50+1.
A petition under this Article will have the following effect:
(4) A person may within seven days of the declaration made
under clause (2), petition the Constitutional Court to nullify the
election of a presidential candidatewho took part in the initial ballot
on the ground that—
(a) the person was not validly elected; or
(b) a provision of this Constitution or other law relating to
presidential elections was not complied with.
(5) TheConstitutionalCourt shall hear an election petition filed
in accordance with clause (4) within fourteen days of the filing of
(6) The Constitutional Court may, after hearing an election
(a) declare the election of the presidential candidate valid;
(b) nullify the election of the presidential candidate; or
(c) disqualify the presidential candidate frombeing a candidate
in the second ballot.
(7) Adecision of the Constitutional Courtmade in accordance
with clause (6) is final.
There is nowehere in this Article where it says the person elected will not be
inaugurated and that he should vacate office and hand over to the speaker.
If anything artcle 105 states that
- (1) The President-elect shall assume office after being
sworn in by the Chief Justice or, in the absence of the Chief Justice,
the Deputy Chief Justice.
(2) The President-elect shall be sworn into office on theTuesday
(a) the seventh day after the date of the declaration of the
presidential election results, if no petition has been filed
in accordance with Article 103; or
(b) the seventh day after the date on which the Constitutional
Court declares the election to be valid.
President Lungu was elected under Article 101, therefore the provisions of
Article 103 cannot apply. That is why inauguration of the President will
The sooner the UPND admit failure the better.
Paul Moonga’s mistaken crusade
It was hugely surprising that the PF member of central committee Paul Moonga, who is also the interim mobilization chairman, should have espoused a naïve and defeatist theory as how to bring the disappointing and heart-breaking voting figures and pattern in Southern Province to an end.
In “PF thanks Zambians for the victory” (Daily Nation, August 18, 2016), Paul Moonga argued that it was not the PF style of politics to continue condemning those who made improper political decisions, but to explain its policies so that the people of Southern Province could reflect and make right decisions in future.
As the PF interim mobilization chairman, who understands contra-mobilisation – turning the propaganda table on political
enemies; should the grassroots leadership in the region seek and expect the people of Southern Province to consider the all-embracing policies and development platform as reasons for making their right political choices?
Not necessarily. The grassroots leadership in the region needs to be more proactive and astute.
It is true that less than 20% of the registered voters in Southern Province profess to be PF supporters at election campaign rallies, but in practice they are nominally so – going by the recent voting figures and patterns in the region.
Furthermore, not all the PF supporters in Southern Province are ‘Bantu Botatwe’ – an acronym for Tonga, Ila and Lenje ethnicity.
In recent days, there has been a surge of interest in the long-established voting figures and patterns in Dundumwezi Constituency in particular, and across the province in general.
According to the just-ended presidential election results, UPND votes made up almost 90% of the votes cast in Southern Province – PF votes were a paltry 10% or less.
So whether the strategy as a party, PF expected the people of Southern Province to consider developmental projects in order to make the right choice is debatable.
Besides, whether this strategy would have any real effect is doubtful.
But the final point I should like to put to the PF interim mobilization chairman is that he should stop looking for excuses and reasons on behalf of the PF provincial leadership for their dismal electoral performance.
The PF leadership structures in Southern Province need to be overhauled from top to bottom – meaning from provincial level right down to section level.
The central committee must ensure that the shake-up comes before holding the party’s 2019 national convention in order to stop the UPND from their continued embarrassing of our beloved president through their voting figures and patterns in 2021.
The same PF leadership shake-up could be replicated in North-Western and Western provinces.
Mubanga Luchembe, LUSAKA
Zambians voted wisely in the just ended elections
Having reflected on the outcome of the 11 august general elections I’m appalled at the levels of the purpose of unity exhibited by majority Zambians in appreciation of the PF performance in government in terms of development by voting them back.
Had Zambians made a mistake of ushering in HH into office, many of us could be in hiding by now realising his wrath and vindictiveness of that Zambian man. the issue of sustainable development would be the thing of the past because with HH at the helm, the future of our children, grandchildren and great grandchildren would not be guaranteed.
It is also imperative that the president elect work to reduce the cost of living and the cost of doing business in the country.
The president elect should also get to the root cause of regionalism that was seen in the 11 august elections.
It was strange for PF to get almost zero votes from southern, Western and North-western provinces because all these provinces have received a fair share of development from the PF government. In my opinion, PF is misrepresented in these provinces and the support that is provided to the people of these provinces is perceived to benefit only the few who are close to the leadership.
People in these areas don’t seem to trust their traditional leadership as well as the political leadership. They think that the traditional leadership receive favours from government and so I propose that the president elect holds indabas at which the ordinary residents in these areas will be part to discuss their priority needs, and share with them the development plans with the government.
In addition, the President must revolutionise the agriculture sector for us not only to produce for consumption but also to have surplus for export, we noticed in the last season that the entire SADC region depended on us for maize. This goes to show that there is a large market for agricultural produce in the region. Let us mechanise the production of the many crops on which we have a comparative advantage and God loves us and He will always give us the good rains.
Let me thank Zambians once more for the Godly act of voting for a child of God, a leader with the heart of the masses, a father who cares for his children.
Enock Chulu, Lusaka
GBM proves that education matters
It was not very kind for the UPND to make GBM the main speaker on a complex constitutional matter.
He went to town about how President Lungu would be forced to step down once their petition was filed. He had no clue about the constitution. Either he was not briefed or indeed if briefed he decided to ignore it and use his very limited understanding of the law.
He got it all wrong and in the process managed to insult everybody in his usual gruff and unbecoming manner.
I am really glad he is not our vice president.