SERIOUS sanctions will be imposed on Members of Parliament who opted to abscond the National Dialogue Forum, says Forum Legal Practitioner Tutwa Ngulube.
Mr Ngulube told the Daily Nation in an interview yesterday, the Members of Parliament who had boycotted the forum would face the wrath of the law.
He said that it was immoral for the lawmakers, who were supposed to be the custodians of Zambian laws, to boycott such an important event.
Mr Ngulube said the forum was an opportunity for the lawmakers to refine the constitution and make it suitable for all the citizenry.
Mr Ngulube said the lawmakers who had deliberately boycotted the national dialogue had committed serious offences.
“Those who were requirement to attend but did not, especially the Members of Parliament, will be dealt with accordingly,” he said.
He said it was mandatory for the parliamentarians to attend the forum. Mr Ngulube said there was a provision in the National Dialogue Act which compelled the parliamentarians who boycotted to resign on moral grounds.
“On this matter it was very clear that the law will follow on those who have stayed away. We are taking note and we have a register,” Mr Ngulube said.
He said that the National Dialogue Act stipulated that a parliamentarian who boycotted the forum, should vacate their seat so that the necessary action could be taken against them.
“People who are elected to make laws should never run away from their responsibilities. When we are in parliament we are national leaders and not opposition political parties,” he said.
Its also mandatory, for anyone to challenge Lungu.
Only in Zambia where people who claim to be educated demonstrate lack of school. If there is an issue the forum has admin and secretariat, let these institutions handle NDF issues. There have been many deputy chief whips before, they worked silently but professionally and efficiently. You don’t show you are working but talking all the time with Zero work out put… The President found broken sewers in Kabwe….start working
Tutwe is a bookish illiterate. It is not mandatory for anybody to attend any function, not even church, disco, bar or Tutwe’s paymaster Lungu’s funeral next year.
end of PF is imminent. Wina is going to die soon and Lungu will be impeached before the end of 2019.
End of Perpetual Fools.
Its funny though to say that nkombo started this and pf been the listerning govt saw sence and acted upon it. Now the party which moved the motion to have the constitution repealed is chickening out. Thats why we say zambia ca never develop with such maroons.
I can see this being challenged in the high court …you an force someone to dialogue its not dialogue and as long as there is allowances it makes even more questionable.
Now Tutwa has taken over from Matibini? PF is spam, a bunch of crastered viruses.
That virus Tutwa has dirty history in PF, he run a sham at their convention. Then he came up with $10 million legal fees bill to PF. Now PF is trying to lauder money through that dialogue scam.
We are smarter than you.
Smell a rat, why compel people to attend if they feel the process is flawed or for whatever reason. Is it that PF is after the numbers to legitimise the process. Are the one man ‘nashala neka’ opposition parties not enough
This is not genuine as PF already has a sinister hidden motive which all who attend will legitimize. As elections have consequences PF will use its numbers to bulldoze the process slipping in clauses to their desired whims then purport all round participation and agreement. Lungu to qualify for 2021 or extension of presidential term. Why not extensively deal with the POA which is contentious period for petition hearings and strengthening ECZ only? Let each matter to be addressed be shared in simple terms. Anyhow the dialogue principle is one that does not force participation.
can you at 1.6, stop publishing under Patriot Abroad name immediately. Get your own name and publish under it.
Have some of you people already forgotten that the Dialogue on Constitution Forum is being held under the FORCE OF LAW? So instead of just spouting off, the right and prudent thing to do is ask what the law governing this Forum says. We can all start there and then proceed to have some intelligent discussions for a change.
Now, I have no idea what exactly the DCF law says. But reading between the lines, it sounds like Tutwa is only quoting what the DCF law says. Whether we like it or not, Parliament passed the DCF bill and the President signed it into law. And anyone who breaks a law is considered a CRIMINAL and is subject to the sanctions provided for within that particular law.
This NONS3NSE of always boycotting Parliamentary sessions is the reason why some of these MPs seem not…
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to know or understand what has passed into law in their own backyard (which is Parliament.) So, if the DCF Law says it is MANDATORY for certain people (including MPs) to attend all sessions of the Dialogue on Constitution Forum, well…, that’s the law! This is not a VOLUNTEER type of exercise, it has the backing of Law….so let us ask what the law says. And unfortunately for the “rogue” opposition MPs, IGNORANCE OF THE LAW IS NO DEFENSE or EXCUSE!
Can the owner of 1.9 and 1.10 understand that it’s only mandatory to obey good Laws! Bad Laws are inherently unjust and even if they are passed by the arrogance of PF numbers in parliament, we are not obliged to respect laws that violate The Bill of Rights! Draconian rule by a few misguided mongrels will not be tolerated! Whatever is Wrong is wrong! It does not matter if every MP votes in favour of the wrong! Whatever is right is right! It does not matter if no one votes for it! You don’t force Dialogue! Dialogue is a give and take process! When an animal wants to die, it loses its senses and is unable to differentiate between food and feces! That’s PF for you! 2021 will usher in a new government with or without the bad PF Laws!
Iwe @Baffi….(and your name says it all), no one is forcing anybody to follow or obey any law. That’s your choice whether you want to or not. But if you decide to break a law, be prepared to live with the consequences of your behavior……simple as that!
No country on Earth can survive and function as a civilized society if people were allowed to pick and choose which laws they want to follow, and which ones they can simply toss aside. Because that, if allowed without “pain”, is the true definition of ANARCHY.
Good luck buddy…..
This Tutwa boy is mad. As in who doesn’t know that what you’re doing is targeting to block one opposition individual from appearing on the ballot in 2021. No sane person can attend those useless things, even church mother bodies saw through what you’re doing that’s why they refused to support you on this one. Tell them to resign as well.
Very confrontational guy this one. You even know the members of parliament by name , take administrative measures and write to them, is it everything that requires publicity sure. Stop playing to the gallery, Talema
Tutwa mps can not be hooked over a stupid move.
Comment:This guy is failing to fix things in Kabwe but wants to vent his frustration on others, ask Chitotela to resign as well. You can’t force a horse to drink hot water, can you?
Its sad that some sections of the society only view the dialogue lead by the church mother bodies as the only legitimate body to look at the constitution as opposed to the sitting government and the current parliament. Simple civic education, MPs are elected by the general citizenry to legislate. If they went back to their constituences today and are asked what they have done in parliament. What answers will they give. 2021 they will go back to seek re-election what will they tell us why we should elect them again. Forget about being opposition or ruling why shoul we re-elect them?
This is bullying, those MPs are ready even to be arrested because most of them claim it’s against their conscious to attend those things. Even if you issue threats nothing will make them change their decisions.
“People who are elected to make laws should never run away from their responsibilities. When we are in parliament we are national leaders and not opposition political parties,” he said.
So the question is, were these opposition MPs elected to oppose everything.? If so, as is the case with UPND Then they should attend because they were employed to oppose. They should go and oppose from within their work place not outside.
This is the same stoopid and myopic thinking that is retarding progress in this failed state! Where do you force the process of dialogue where you even come up with a stoopid law to enforce it? You even hear some failed lawyer saying there should be no fresh submissions. That in itself tells you everything is predetermined and that this is an exercise in futility! We’ll reverse these stoopid laws when you mongrels are done away with!
But then why has the Attorney General applied for case at High court to be thrown out on grounds that it’s not mandatory unless if a person has been called to appear before the forum?
But why should someone who represents others be compelled to take part in shaping constitutional changes? You go, you take part in arguing against bad changes not just walk out to go to the bar for a bottle of mosi!
If it’s not mandatory it should be. It’s the Constitution, Yo!
@Patriot Abroad. You must have been living under a rock abroad. We shouldn’t blame the MPs that don’t want to participate in this dialogue, because these are the same MPs who were lied to by Dr. Simbyakula the educated but dull lawyer, who thinks he’s too clever. Him and his fellow party members doctored the constitution we wanted to give to ourselves. We remember the Simbyakula who deliberately avoided filing in nominations for fear of going back to parliament and facing the music of his deeds.
If anything all the PF MPs (nominated and elected) who participated in the previous constitution should have been arrested and prosecuted. Due to their hunger for power we are now wasting more tax payers money that would have been put to good use had they not been selfish.
What guarantee is…
@dokwe, please stop printing that nonsense. Last constitutional changes, opposition UPND and the so called civil society, plus NGO’S pointedly refused to take part but chose to walk out time and again causing delays. At elections UPND and the same groups encouraged voters not to ratify bill of rights.
We are deviating to hone and better shape changes. That’s democratic and people should now behave better and take part not walk out. You’re just troubled folks.
Mr Ngulube Pig, you are not talking as a Lawyer but a learned cadre! Learned cadres are the worst enemies of progress! Yes, Good Laws must be obeyed and it is also mandatory that bad laws must be treated with the contempt they deserve! The PF Act on Dialogue fimo fimo is illegal because it contradicts our bill of rights! What kind of Lawyer signed a defective constitution without reading it and now he comes to want to waste more of our precious time? Whosoever digs a pit shall fall in it!
Well, I think the best way to deal with the so called “bad laws” is to work to REPEAL them. You can’t just disobey or break a law just because you don’t agree with it or think it is a “bad law.” If that’s your MO then be prepared to suffer the consequences too.
In fact, this is the more reason why the so called OPPOSITION LEADERS (MPs) should be clammering to attend the DCR Forum so that they can make sure “bad laws” are IDENTIFIED, REPEALED and REPLACED. Not walking out of Parliament or boycotting important National Forums like kids.
In a DEMOCRACY, it is the VOTE OF THE MAJORITY that rules. But at least the MINORITY can make their voices and perspective heard during such monumental events as the DCR Forum. Boycotts and walkouts are simply childish and accomplishes…
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nothing. Because even when they don’t get what they want, no official record of their views and opinions is ever captured and saved for posterity’s seek.
If you have a chance, watch how the U.S. Congress men and women operate. Those in the Minority/Opposition will be on the floor of Congress arguing their positions even when they clearly understand they have no chance of winning or succeeding. They are there entering supporting documents into the Congressional Records because they are acutely aware that some day Posterity will look back and appreciate their galant efforts to do what’s ‘right’. What they don’t do is fold and walkaway or boycott hearings/sessions because they can’t get their way…that’s how MATURE STATESMANSHIP looks like!
Can the owner of 9.2 understand that Zambia would not have attained Independence without breaking the bad Laws of the oppressor! The guiding principle is about What is RIGHT and what is WRONG! We understand Zambia had cowards during the Liberation struggle but a few Courageous people like KK and team could not stomach bad Laws! They were ready to go to prison until RIGHT prevailed! You must understand that it is just and in the interest of justice to disobey bad Laws! If you care about your children and grand children, you will be responsible enough to oppose all bad Laws that have a tendency to become generational curses! Bad Laws MUST be BROKEN!
Dude, do you really want to compare the kind of Laws the KKs of this world were fighting against, and a Law that simply compels some of these GOOD FOR NOTHING opposition MPs to do the job they are paid for….ie legislate (make Laws)? And if they make it a habit to abscond their duties, shouldn’t there be no consequences for this kind of behavior?
By the way, how you think you are making any sense by comparing what these Political Simpletons (Opposition MPs) are doing to Giants of the Independence struggle such as KK is beyond me. President Kaunda and his comrades had no Parliament to fight their battles in. I mean, don’t try to cheapen REAL FREEDOM FIGHTERS by likening them to simple minded political hacks of today whose loyalties are always suspect. KK and his compatriots were…
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never part, nor allowed to be part, of a Legislative Body (Parliament, Council, Congress, or whatever) which made Laws for this country. These !d!ots are!
Most of the laws were made and imported from London. These people (MPs) are part of our country’s Parliament. So what are they trying to archive by running away from the very duties/freedoms KK faught so hard to attain for them….ie the freedom and previlage to make Laws to govern ourselves.
Quite frankly,, what they are doing is betraying the oath they took as MPs. They are putting Politics and Partisanship ahead of Country, the Constitution, and their solemn responsibility as Legislatiures. They sow to defend and protect the Constitution as “officers” of one of the three branches of Govt….the Legislature…
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If anything, these are the people who should be in the forefront OBEYING THE LAWS THEY THEMSELVES PASS in Parliament.
There is also a thing called “SHARED RESPONSIBILITY.” Once a Law is passed, it becomes an ACT OF PARLIAMENT. Not an Act of PF, UPND, NDC, extra. And at that point, all members of Parliament are responsible for the Law. They are also expected and required to obey it…. whether they think it is a “bad Law” or not!
Tutwa Ngulube, can you as a matter of urgency advise Ministers(MPs) who stayed in office illegally after parliament was dissolved in 2016 to pay back the salaries they illegally received as per court ruling that it is mandatory for them to pay back the money immediately without further delay
Come 2021 government must change no matter what
Zambians are so lawless really; ust read some of the incoherent comments trying to support MPs neglecting their duty and failing to understand the importance of the Constitution.
If you are not happy with Zambia, GO and stay gone. Don’t connect with Zambian matters just to vent the ignorance in your mind. Why would anyone support MPs walking out on their duty for citizens?
To the Zambian government and judiciary, it’s time to put these disruptive MPs in stocks, and let the citizens throw rotten tomatoes at them!
In a functioning Democracy, MPs represent the wishes of those they claim to represent! I want to salute all the MPs who have taken submissions from their electorates! The Job of MPs is not to make unilateral decisions! A good law maker knows that all Laws must be in alignment with the bill of rights! Any Act of the law that takes away Freedom of conscious to choose between right and wrong is null and void! When Dialogue becomes a forcing matter through stoopid laws, Twalafilila munsenga! 2021 Fosek out! We don’t want selfish and greedy leaders who mutilate what is supposed to be a sacred document to suit their selfish desires! Ubupuba Muleke! Don’t take us for a ride!
If you do not have the guts to challenge Lungu; either you are dull or you are a Job seeker, Let KBF do so as it is his democratic right. Lets all stand up and support KBF, Kalaba, Kambwili.
So after coming up with a fully joined skeleton with some vital flesh to favour you in 2021 you decide to form a dialogue and behave like scarecrows threatening all the wise Mps with sanctions???.
Come on guys we can do better. How do you invite your colleagues to a party you have almost contributions are they going to make?? Everyone including a lay man was supposed to participate in that skeleton formation. Hamb’olala man
That’s just an allowance generating gathering in the name of NDF. Please Tutwa seat down and enjoy the clean mineral water and flushable toilets which you have failed to provide your people with in Kabwe.
Nafulwa Sanaa. You even go on Media to tell the people about the register??? Really??
I take a different view, let the trib.als stay away. What value is a trib.al to the country, to NDF or any event for that matter? They are not even needed in parliament itself, what more in NDF?
This is wat lack of self confidence in what someone is doing makes pipo do. U force others to agree with u.iyeeh shame.let pipo join u bcoz u are inspiring not by force.let lungu rule for 40yrs bt he shall still go in a horrible way. It doesn’t matter hw long he stays in power.mobutu gadaffi Bashir boutefliuka was in power for how long? Ask Yosef
I like the response by Attorney General Likando Kalaluka to trib.al Dougkas Syakalima’s petition in the High Court that his human rights and freedoms are being violated by being compelled to attend the NDF. The AG has responded that he is required by law to attend in his capacity as MP, that his rights as an individual have not been violated at all, and that if he is mixing the two then he must resign as MP and enjoy the rights that he is seeking. In other words, Syakalima trib.al must divorce himself as an individual from himself as an MP for the law was passed to compel MPs not individuals like the rest of us.
Now do you think that the trib.al will resign? He would rather withdraw the matter in court in order to continue to enjoy his car allowance, sitting allowance, prestige and all…
…….Now do you think that the trib.al will resign? He would rather withdraw the matter in court in order to continue to enjoy his car allowance, sitting allowance, prestige and all the perks that MPs enjoy. Otherwise he will be pushing his Landcruiser to start it… kikikikikiki…. I am telling you these trib.als have neither shame nor principles as long as they belong to Trib.al Hacks as his employees, not as reps of the people who elected them.
……. fima trib.al MPs fya nsala ifi. Just as hungry as any Zambian politician although they pretend otherwise ….. ask me, I know them all these trib.als!
Giving an example that turns against you. Yambayamba is giving out mature contributions that walking out is not good in the face of new law guiding the NDF. KK and Hus peer did not walk out of any forum. They had to put forth their position to the oppressors vehemently and time healed wound. the bazunguz had no option but to pack and go. but today boycotting is the answer. KK boycotted elections in 1996. Did unip win..?!!!!!! no. oh sorry in the eyes of UPND, they won.
Very surprising and disappointing to read
The irresponsible comments made by majority of UPND bloggers most of whom dont seem to have any understanding or respect for laws of the land.God knows how such people if ever voted UPND into goverment (God forbid ) have the potential to bring anarch to the nation through this kind of irresponsible reasoning.
Politics aside try and use common sense instead of fighting senselessly with words.Its very simple if theres a law that these UPND law makers have broken then
they should be dealt with according to the law.Simply said no one is above the law.