Speaker of the National Assembly, Patrick Matibini has told parliament that President Michael Sata acted on the provisions of the law by stating that he will dissolve parliament if the opposition continue to frustrate his government efforts in parliament.
Dr. Matibini stated that article 88 part C of the constitution gives power to the President to dissolve parliament at any time.
He, however, stated that the National Assembly Powers and Privilege Act chapter 2 section 3 also gives powers to the Members of Parliament (MP) to have freedom in the house.
Dr. Matibini was making a ruling to a point of order raised by Malambo MMD MP, Maxwell Mwale, who wanted clarification on whether President Michael Sata was in order to threaten to dissolve parliament when the constitution provided for separation of power among the judiciary, executive and the legislature.
Mr. Mwale who is also former Minister of Mines in the Rupiah Banda administration said MPs were practicing their privileges and freedom of expression in parliament.
And the Speaker said the MPs enjoy freedom of speech in parliament which can never be questioned by anyone including the courts.
“Members of Parliament enjoy freedom of speech which, however, cannot be questioned by anyone including the courts of law,” he said.
President Michael Sata yesterday threatened to dissolve parliament if the opposition continued to shoot down government bills and motions the government is tabling in the house.
This follows the decision by opposition MPs to vote against a motion which was tabled in parliament by Finance Minister, Alexander Chikwanda for the constitution of the Parliamentary Accounts Committee for the first session of the eleventh national assembly.
[ZANIS]
If you are not familiar with the constitution of zambia don’t contribute or comment of this matter. I am worried at the levels of abuse of this thread by many bloggers.
Thank you Mr speaker, to all those who called Sata a dictator shame on you. You have a president who “threatens” to act according to article 88 part C of the constitution of Zambia and you call him a dictator. Dictators dont follow the law the law is the mood they are in that day. MPs exercised their right in the house and no one should question them only the electorates should, and the president will surely exercise his right and only you can question him through the ballot box he aint no dictator!
This is too simple an approach. There is such a thing as “abuse of the law” and that is what dictators are known for. It is important to understand the spirit in which article 88 was promulgated. It was not to be a tool for threatening the legislature to adhere to all that the president proposes. We must speaker gave a legalistic interpretation, yes he can desolve parliament. He did not adress the political, constitutional and economic undertones behind the provision.
There is no point in making it difficult for the ruling Party even when what they are doing is right.
We need a mature opposition. If the President dissolved Parliament, it MMD who will suffer even more.
What right thing did PF do regarding the PAC?
yes we know he has constitutional powers to dissolve parliament, but the reason he gave is a joke.
HH and MMD in trouble should the dissolution happen
Just a thought, dear blogger. Purely for the sake of the feelings of the children of late FTJ’s children who lost a Dad in him, is it not too soon to start using his images in this manner? Lets give it time. We are Zambians, and have certain norms that we should not lose.
The opposition were right regarding the PAC. Sata needed first to have Secretary to the Treasury before the PAC was formed. That is what teh Law says and sata did not uphold the law. Typical.
just dissolve mwe
#1 Aristo you are the one abusing this. Any one is free to comment on whatever issue.
@Analysis corner-
You a hundred percent correct. This chap is a joke of a president!!
#5 Kafupi, PF is likely to get fewer votes from now on as they will be judged on performance. Already there are a lot of PF followers who dont like the way Sata is operating in State House. Also people like Nsanda may not put in afull shift in next election campaigns. Dynamics have changed.
Regardless of how short a fuse the President has, it is wishful thinking of him to react as if the legislature has to be his rubber stamp regardless the flaws in his sponsored bills.
and the CONSTITUTION is sacrosanct and superior over all other laws.. mwale sounds scared of the consequences.. do i smell employee (jobseekers) type MPs that run no business of their ow to earn a living getting shi!t scared and shi!!ing in their pants? the constitutional safe guard is their for this very reason.. MPS are their to push through and sort out progressive laws expediently with dialogue amongst themselves without the president getting involved. if they are goign to be tempramental, childish, work to frustrate each other and disagree for the sake of it, then let other people who are more serious about representing the people and developign the country take over IMMEDIATELY by all means.. in other words.. let the people decide.. means Mutatai, max & co. u’ll lose big time
Yawn! 90days will elapse soon and nothing tangible is coming from this goverment.
@OTONO.In as much as we appreciate freedom of expression but we also have to be objective in the way we debate.We are people from different academic backgrounds but let those with knowledge on some issues guide us.we cannot afford to build a country based on hearsay.
The President has powers to disolve parliament, just as he has many other powers, but exercising these powers irresponsibly is what watchers are questioning-not necessarily his capacity to dissolve parliament.
fi opposition amano yamu toilet muleke
The opposition should make up their minds if they will spend the next five years sabotaging the ruling party, or work to serve the people of Zambia
Is there a mindset, way of thinking and doing things characteristic of each political party in Zambia? Something that will make you say, “Ha, this is a PF, or an MMD or a UPND”? Perculiar traces you can see from the head to the rest of the body?
Not that it is bad necessarily, like the Conservaties or Labour party followers in the UK can easily be distinguished. I guess even in USA, Democrats vs Republicans.
Could be an interesting observation. After all, birds of the same feather flock together.
Dear Ice-Road-Trucker#18 . Smart observation. The straight answer is NO. Currently there is no distinctive mindset, no distinctive way of doing things nor characteristics that one can use to tell our political parties in Zambia apart until you see the image of the Party leader on the chitenge materials worn. Reason is simple. Unlike here in UK, our politics in Zambia centre on an individual instead of an ideology. That’s why we are unable to debate effectively on important issues because any opposing view no matter how good is misunderstood to mean you dislike the leader of that Party. Before long, such a leader is surrounded by ‘yes’ men and women. To make matters worse, now we have a leader who wants to raise the bar and have the Parliament say ‘yes’ sir, too. Its pathetic.
The opposition are well within their rights – after all they were voted in to represent their constituents. It is not their fault that despite having the privilege of having appointed mps, pf has not got the majority in parliament. If you want parliament to rubber stamp, then convince enough of the electorate to have a majority of mps in parliament it really is that simple. I dont see why anybody would want to defend Sata when it is clear that he behaved illegally and unconstitutionally.
and so is the President if they are being childish and immature when every government is trying to cut costs…I dont see the relationship between constituting the memebrs of the P.A.C select committee and appointment oy Secretary to treasury when PS’s accoutnatnt general and all others that approved expenditure are there to explain.. dull thinking and just want to be childish over nothitng and for I cant imagine the rest of teh foolishness and childishness that ahead of us from the so called opposition who are still bitter about losing the Speaker appointment.. silly
#17 It is the people of Zambia who spoke and did not give a majority to pf in parliament. So why should they not exercise the powers handed to them by the Zambian electorate and vote against the pf when it is in the wrong? Do you understand the concept of multi-party politics? As far as I know Zambia is not an absolute monarchy.
In Zambian, the role of the opposition is to ‘oppose’ the GRZ. This is what HH and RB are preoccupied with daily..
There are people that are behaving like HH, opposing everything evrywhere. Sata won, period, more people trusted him more than any other party, MMD, HH, etc. These guys need to respect that fact and grow up!!!!! HH espcially needd to have that such in his thick skull and respect the Zambian people that voted Sata. He’s on a suicidal path and no one to stop him. pleaase someone advise HH to teka the bola panshi, reflect and pich an area in which he will help the Zambian people, not how he will help RB. What kind of thinking is that? You are young but really an underfive politically. Levy was right about you!!!! A Cheat.
The president said ‘if the opposition are going to continue’. It is amazing how people jump to conclutions and may be we are reading different mails. Is it the intesion of the opposition to shoot down good bills? why do we coose councilors before the mayor? The secretary is appointed by the president and the commitee by parliament. Each has to act his part seperately. Is it in the constitution that no commitee member shall be chosen without secretary to the treasury in the office?
The almighty President of Presidents King Cobra the invincible, the invulnerable, the indomitable Mikaele Chilufya Sata should dissolve Parliament, no dismiss Parliament and RULE by decree, without anyone questioning or debating his laws at all.
yep, dissolve the parley, so we vote only for pf, coz its us the pipo of zed who have chosen the man in power,now where were you when the country needed saviors? has the law started today in zed? you were all chewing, you chewed everything including the constitution! nomba mwatampa ukukapaula ichsungu, muparliament, awe lekeni abakwete uluse kubapina babombe
tafulile efyo mwalya? ,
If it is true that the Zambian constitution gives power to the president to dissolve parliament at any given time (which i doubt) then our constitution is fit for the toilet. I guess there must be certain factors and conditions that would necessitate the president to dissolve parliament—- and not just doing it at any time—–and a constitution is supposed to give guidelines on the factors and conditions that neccessitate dissolution. The Speaker`s statement implied that——- the president can (also) just wake up and dissolve parliament at any time. Is this true? If is then is a rubbish constitution.
Mwela (25) you express my views onyly that you express them better
Yambezhi (26) Dont just blog without facts, you feel like us, but actualy indeed the consritutution empowers presido to disolveve parliament. if the the boys continue on their fatefull path, the vernom of the Cobra will visit parliament
plz stop calling Mr President as cobra hez a changed man who has suprised us, as we never thot he can change things 4 the BETTER……..go sata go
That is why one of the requirements to be president is that of being in a state of sound mind. The president can at any time exercise his powers at will and in some cases no conditions are required to be met as long as he feels it is in the interest of the nation.
Just as he can declare war at anytime, he can dissolve parliament at anytime but of course in private consultation with his cabinet though not required.
I hope people here know that he wont dissolve parliament as this subjects him to an election as well. And if that happens, PF would definitely be out of statehouse, he needs time to consolidate power.
I see a BIG PROBLEM in this Speaker. Very soon MCS will be detached from the electorate.
yep, dissolve the parley, so we vote only for pf, coz its us the pipo of zed who have chosen the man in power,now where were you when the country needed saviors? has the law started today in zed? you were all chewing, you chewed everything including the constitution! nomba mwatampa ukukapaula ichsungu, muparliament, awe lekeni abakwete uluse kubapina babombe
tafulile efyo mwalya?
Stupid frustrated “Senior Citizen”
, talke about the survival strategy of your MMD, WE re improving thr country
Mwamona. No matter what you say this is DICTATORIAL
@ senior-citizen…..you cease not to amaze me!! sata brings something for every one to be happy of by balancing the committee itself and pac is cardinal for checks and balance to the mps but you still dont understand…look sata won the elections as an opposition leader and its too soon for him to loose and now with his venom in place and instrument of power you dream that he can lose the general elections? the legislature was elected by the people to whom they dont want to be questioned. so they should first ask the mass if they are in support and not turn down anything sata brings to parly
Matibini misunderstood the question, yes Mr Sata has the legal power to dissolve parliament but was not in order to make threats to that effect.
This is how democracy becomes interesting. The speaker correctly cites the law to support the president to dissolve parley. He equally states that MPs have the freedom in parley which can not be questioned not enen in courts. Here both parties are being backed by law. So far MPs have exercised their rights and preveleges Chapter 2 section 3 and voted out a motion tabled by Finance Minister Chikwanda for the constitution of a parliamentary commttee. This is it, a proper and fairly formulated motion needs to be tabled again. If not fairly represeted that motion will be voted out again making PF govt. a lame duck. Thats how democracy need not be manipulated or guided- SIMPLE. How ever, reaction to that by threats to dissolve parley will only make things worse
Zambia has just ended an election costing huge sums of money on both sides. It would be imoral and irresponsible for all of us Zambians to go through this acremonious process. Above all who ever causes it whether they are beingbacked by law would clearly be demonstrating to the nation that they do not have the poverty of the people in mind as more money is requiredfor development to uplift the std. of living of Zambians. Therefore, the president would be a target for decampagining should he dessolve parliament. The ball is in his court, let him dissolve parley and see reaction of Zambians.As for opposition they will continue to exercise their rights to vote out unfair, unreasonable, and tribally inclined motions. We wait for further threats from the president but democracy will prevail.
incorrect analysis full of wishful thinking.. The Presidents popularity is at its highest.. you know that. the opposition are shitting bricks and they know that… any election would go in PF’s favour.
The Speaker is on firm ground and dispensing justice.His experience will add value to the doctrine of separation of powers. Well done Mr speaker Sir, Michael Sata and Maxwell Mwale.
Thats Democracy in action.
Now that there is a govt governing the country and not concentrating on dirty deal the short-comings of the Zambian Constitution will be expose. We will then realize how desperate the country has been for a new Constitution. One party dictatorship reigned during Kaunda era, Chiluba was busy stealing, Mwanawasa was fighting corruption and a bit of stealing, Banda and his Children were stealing and it actually was free for all ministers and anyone else. Now Sata needs to crack the weep. We will also see how flawed our Constitution is.
Yambezi, you are the one that is fit for the toilet!!!
MMD & UPND, as much as it hurts you that you vowed that Sata will never set foot in Plot 1, WELCOME TO YOUR NIGHTMARE!!! LIVE WITH IT BOYS!!! Remember, the rest of the country LIVED IN THE NIGHTMARE YOU CREATED the past 20yrs! We are hardly a month & you seem to be choking!! Have some balls, play football! You can always buy some rope, am sure there are lots of trees in Zed, from which you can suspend & end your frustrations, if that fails, a short hosepipe rigged to your exhaust, could do it all for you whilst you have a nap!!! Ko seni ba mambala!!!
Dear Ice-Road-Trucker#18 . Smart observation. The straight answer is NO. Currently there is no distinctive mindset, no distinctive way of doing things nor characteristics that one can use to tell our political parties in Zambia apart until you see the image of the Party leader on the chitenge materials worn. Reason is simple. Unlike here in UK, our politics in Zambia centre on an individual instead of an ideology. That’s why we are unable to debate effectively on important issues because any opposing view no matter how good is misunderstood to mean you dislike the leader of that Party. Before long, such a leader is surrounded by ‘yes’ men and women. To make matters worse, now we have a leader who wants to raise the bar and have the Parliament say ‘yes’ sir, too. Its pathetic.
No, you guys – let him dissolve parliament and lose a chunk of his MPs. Does he have advisors? Right now already some of the places who voted for him are beginning to doubt his credibility. He is the president, YES, but he shouldn’t overrate himself. Zambia is full of intelligent people – he was voted into power by less than 50% of the voting population both at parliamentary and presidential level. If he dissolves parliament he will be shocked… Let his advisors know this very very clearly. I personally would not like him to take that risk because I think, with all his weaknesses, Sata has some brilliant policies and courage to face difficult decisions. I’m just nervous he is beginning to push his envolope a bit too far..Zambians have shocked other presidents before – including Kaunda.
sorry mate wouldnt happen…. wishful thinking again… stick to the facts.. PF would clean half of the MMD seats.. Fact..
IF HE IS SERIOUS LET SATA DISSOLVE PARLIAMENT AND HE WILL GO IN THE GUINNESS BOOK OF RECORDS AS THE SHORTEST SERVING PRESIDENT EVER HE WILL BE DEFEATED IN A HUMILIATING MANNER REMEMBER THIS GUY DIDN’T EVEN WIN ABOVE 50%
read the constitution mp
That country needs a reasonable constitution to move forward. The current constitution is designed to serve one man and one man alone–the president. In short, people might be allowed to vote, but when the president has such excessive power, the whole essence of a democracy is defeated.
He he he he he he he! Amazing how people call themselves learned yet they behave like bakaponya.
He didn`t even win 50%? OK other than those days of KK vs Frog and Don Chi Chi, howmany Zambian Presidents have won 50%? Tools!
The moment he desolves parliament itwill cost him. let him try it. he thinks he can play on people minds just because he is a dictator. let him do it. he is forgetting that people have allready started to complaine of his govenance. they may not vote as they did this time. the man is really sick, and the problem is he cant be advised. people uner him cant speak, they fear to loose jobs. all those who he fired have families and have dependants and relatives who are stil hurt. they voted for him to have change and not to loose jobs instead. bwana sata try it. other wise you face it in parliament. you think opposition can follow all you decide. that is why its a democratic nation. people have the right to express thir feelings. so go ahead and see. that is why he cant even have high profile
Calling an election, what does he think he is. election costs a lot of money and this gonna cost Zambia alot. we are a developing nation and if this man does that, then its gonna cost his presidence. let him not work on threats. what does he expect from the opposition, he thinks they will dance to his songs. awe
THATS THE COST OF DEMOCRACY… DEAL WITH IT.. IF YOU NOT HAPPY GO LIVE IN CHINA
PLEASE Lord Help us!!! Its been over a month and all we get is this one has been fired, this one appointed, “I have dissolved this board”, “I will dissolve parliament”, such and such has stolen this..etc. I get the impression they were ill-prepared to rule.
My advice to bloggers! Please read the costitution before you make your comments! If the president dessolved parliament today, we would only go for elections to vote in new MP’s! It would not be a general election! The opposition would be greatly disadvantaged if this happened!
@Kapotwe, you’re right it is a on-the-job training, and it is costly. So far, nothing substantive has happened to show voters they had made the right choice. I don’t think the president even has a what-to-do list. He performs on impulse.
if he calls for another election, he lose the seats his party is holding. the impression i get is that, if parliament institutes an impeachment, the president can thwart it by dissolving int. is that democracy?
why opposing good bill its the sign of fuuliness in our MP this is the reson why development is lucking in zamBia
I think its a wise act for him to dissolve especially where we have MPs who would want to frustrate the ruling government even when they know its an important motion. these are the same MPs who gave wrong advise to RB and HH ……..watch out! we won’t vote for u this time around.
These MP guys just never learn – even when coming from an election where the people booted out the ruling party shows you how much support the presido has – be wiser and spare the opposition for the right moments.
……critical moments.
Trends are that PF is going up,
MMD -down,
UPND- down,
Chpimo- UP,
Mutesa – UP, Milupi -UP,
Heritage- Down,
FDD-Down, UNIP-
Down. Independent- Down —So care Ladies and Gentele men!
I think what the honourable MP meant to ask and what Ibelieve many right thinking Zambians are thinking in this case is was the president in order to react by invoking a constitutional power that he should use measuredly and soley in the interests of the people he has been elected to govern just because he felt frustrated. It is similar to asking if a police officer, with legal power and authourity to use force in the exercise of his duties is in order to beat a confession out of a suspect or to use excessive force to quell a demonstration. If the police must answer for how they use their power then surely the President must answer for how he exercises the power he is entrusted with. I am surprised that the Speaker missed the point.
Next time MPs look at impeachment so that he can also taste how a threat feels.
It is interesting to see Zambians Yap like this when the new gvt is just in power for a month.Give Sata and PF space to breath. The way most bloggers here are behaving is exactly the way white Americans behave towards Obama, while American opposition for Obama is on racial line,here it is on tribal line.They are opposing anything Sata does.I remember Obama saying even if I tell them that fish live in water they will say no.
My advise to those opposing Sata is pliz be objective and take it easy. One of these days you be found with paints down.Sata is in power and no amount of criticism shall derail him from delivering for Zambians.
Trying to liken Sata to Obama is a joke, my friend.
@60,Tell It Like It Is
It is not possible for parliament to impeach the president with our current constitution becoz if the parliament pass a motion to impeach him, he will simply dissolve it before the motion can even be debated. Let us just allow this man to rule.It is his time and so far so good.
It is funny that all who support Sata are not tribalists, but those who support RB and HH. Isn’t it rather ironic? I have heard the same voices routing for Chipimo now. They may cost a promising guy the presidency through their myopia.
Zambia is not a kantemba for anyone, if Sata cant cope with the heat, stand down and let those with energy do the thing….skorokoro man
Who is supeior to the other constitutionaly? The MPs elected by the people, the Republican president elected by the people and the Chie Justice to uphold the Republican constituion. This is where a motion to impeach the president has been tabled. The president in turn dissolves parliament to twart that move. The parliamentary and rights and priveledge of MPs Act chapter 2 Sec. 3 provides that they exercise that right to go a head with impeachment process. What is the Speaker’s position vis-a-vis constitution of Zambia over this situation? Any leads Zambians.
It is possible the Speaker’s comment was based on a Constitutional provision to the effect that the President has the right to dissolve Parliament. However, the under-lining background that prompted President Sata to issue such a threat revealed a deep lack of wisdom on the people that advise the President. The declaration of new elections now will merely eclipse the PF out of politics.