Chief government spokesperson Dora Siliya has dismissed Lusaka Lawyer John Sangwa’s stance that President Lungu is not eligible to stand in next year’s General Elections, adding that Mr. Sangwa is wasting his name because no one is listening to him.
Ms. Siliya who is also Information and Broadcasting Services Minister said that Mr Sangwa’s arguments have already been dismissed by the Constitutional Court.
speaking in an interview with ZNBC News in Petauke, Ms. Siliya said Zambians are not interested in discussing the issue which the courts have already settled but only care about development in their constituencies.
Meanwhile, Eastern Province Minister and lawyer, Makebi Zulu, has wondered why Constitutional lawyer, John Sangwa SC had brought to the court of public opinion the very arguments he presented to the Constitutional Court which were thoroughly dismissed.
During the Diamond Television appearance with interviewer Costa Mwansa, Mr Zulu said the legal and constitutional arguments Sangwa had brought to the public regarding the definitions of; “terms of office”, “holding of office” and “being elected twice”, were addressed fully by the Court and referred both Sangwa and the public to the Judgement.
Mr Zulu explained that the Court established and concurred with provisions of the Constitution that in accordance with article 106, the period between January 2015 and September 2016 can not qualify as a term as it was below the period of 3 years and is NOT a term of office for the purposes of calculating term limits as defined by the Constitution.
He said the Constitution was fair and impersonal in its application and provides no favour to anyone.
And Zulu has dismissed assertions by Sangwa that the Constitutional Court, during its sitting, amended the question.
He said the Court merely depersonalized the question to bring clarity and fairness to the question as it did not matter who held the office during that period.
Sangwa defended the Law Association of Zambia(LAZ) in the matter in which Dr. Dan Pule and four others petitioned the Constitution Court to interpret Article 106 of the Constitution in relation to the eligibility of President Edgar Lungu to contest the 2021 elections at the end of his current term having previously held office for less than three years between January 2015 and September 2016.
The Constitutional Court ruled that the period from 2015 to 2016 was not a term of office for purposes of calculating term limits as it was less than the minimum 3 years required for a term to be defined as such
But why PF don’t have any option apart from Edgar?
@Nostradamus This is very sad. Frankly, I don’t care if ECL stood 5 times if he is allowed to do so. As a lay man on complex law issues, My opinion. Its like applying for a visa to US, AU, CANADA or where ever. Question one 1 have you ever committed a crime ans No 2. have you ever had tuberculosis ans No 3 Have you ever been denied a visa to another Country. Ans yes. Next stage if you answered yes to any you cant proceed. In Zambia its ah no he qualifies one but not others. Even bank loans or so many other things need not one to be eligible but many factors. These constitutional lawyers unfortunately their brains migrated to the outside of the heads that those silly wigs they wear. They are brains sitting outside. This will now be a distraction to elections.
Anyankupiti imwe a Dora, what do you understand about the Constitution and Constitutionalism? Sadly, Zambian Courts are for sale to the highest bidder and judgements are made in favour of those who are willing to pay! How many times have we had cases where we have seen how “the Court Errored?”
This is no time for opinions from Laymen! It’s time to put Country First and Seek the TRUTH!
Rupiah Banda only served as Republican President for 2 years, 10 months, 22 days(2 November 2008-23 September 2011) but he was paid his full terminal benefits. Going by Makeni Zulu’s argument, it means RB never HELD OFFICE of President and was and is still entitled to two 5 year terms of office! It also follows that the Courts were wrong to block RB from standing when he wanted to! Do you see how…
Just don’t pass Bill 10, and wait until Edgar files in nomination, then you will meet Sangwa in court, then defend yourselves the way you are proving here
Do you see how inconsistent the law is applied and how our courts lose respect because of questionable judgements?
How was RB entitled to full presidential benefits if he did not serve or HOLD OFFICE for a full term?..The answer is that he was ELECTED into office as PRESIDENTIAL Candidate and not as RUNNING MATE!
The three year cut off in the 2016 Constitution Article 106 (6) applies to a RUNNING MATE! ECL was not elected as RUNNING MATE in 2015 but as PRESIDENTIAL Candidate!
It’s NO to Wamuyayas!
We’ll not sit down as see a few selfish individuals attempt to mutilate our Constitution for Selfish ends!
Choose a candidate who qualified before it is too late! We have tolerated enough of PF Lawlessness! It’s time for Galant men and women to reclaim this country from the tight grip…
It’s time for Galant men and women to reclaim this country from the tight grip of Demagogues!
Dora, it’s time to pack and go!
No Third term for you also!
Haven’t you eaten enough?
Pf just go to convention and vote for eligible candidate to replace Lungu. His two terms has already served them which will be expiring in August 2021.
Makebi is right, John Sangwa is operating in the “court of public opinion” and not the Courts of Law of Zambia. He is blowing hot air really, trying to appease his funders and regime change activists.
let uPND not try to fight lungu about
third term.Start preparing and campaign for 2021.see all your weakpoints and rectify.Otherwise you
will be dribbled again.You will babycry
again.
Upnd know they can’t win an election. So now the baby hyenas cry about third term nonsense. Tasila will be president before hh. Mark my words. By the way mama Dora is looking stunningly beautiful. Kz
When he served the remainder of Michael Sata’s term, Edgar Lungu was serving as who? Was he President or something less? He was assenting to legislation from Parliament during that period and he was elected to office. He was therefore President of the Republic of Zambia.
Iam very disappointed with SC John Sangwe,i and others outside Zambia had very high respect to him that we can look up to him in the area of Law.For him to bring what the highest Court in land settled,it is a very bad and disappointing thing.Let us look at weakness of PF and the Current President and tell our people why we want a change.Yes he has right to comment,but that must add value to the Zambian people.In Zambia there are a lot social activities which the govt. is not doing,tell people about that.
@Joseph Isaac PHIRI
Leave Our Very Learned Constitutional Lawyer alone!
Take off the wako Ni wako lenses and see clearly and you will realize that the State Counsel is spot on!
Read!
Don’t just follow what PF vuvuzelas are saying because they are fighting for survival, hence their compromised judgements!
A perfect illustration of what corruption, greed and a desperate lust for power can do.
Here is an expert in constitutional law who has trained most of the lawyers practicing today, and you have a journalist, a teacher and a young lawyer who sat in his class casually dismissing his opinion.
Its too bad that Zambia is going to end up like zimbabwe, or even worse.
You have a few greedy individuals that know they cannot survive by doing an honest day’s work. So they bootlick and do the dirty work when rigging elections to keep an incompetent dicrator in power. Thats the only way they can survive. Exactly the model that brought Zimbabwe to where it is. And we are heading there at light speed
Ba Dorra we love you but Lungu is not eligible,Let us not kill our constitution.Let us just find a PF candidate.We’ll still beat HH. I’ts better to have a new candidate in 2021.We are tired with ba Lungu.Economy is just bad.Kwacha is depreciating every day.Zambia is not Zimbabwe.I love PF but under Lungu awe bane.Let us find a good candidate
Article 106 (2) says A President shall hold office from the date the President Elect is sworn into office and ending on the date the next President -Elect is sworn into office.
Article 106 (3) says A Person who has twice held office as President is not eligible for election as President.
so to hold office is to be sworn in and the period of holding office is the period in between two swearing ins on 25th January 2015 HE ECL was sworn in so he started holding office upto 28th september 2016 when he was sworn in then he was sworn in again on 28 th september 2016 ending on a date when the next President elect is sworn making it twice
so the learned judges are confusing me the framers of the constitution never made a mistake because this clear but where did the learned judges find…
And this is the simple English even some learned lawyers are failing to understand. Deep down their hearts they know ECL is not eligible to stand next year and they are not doing this for him but for themselves, for their survival. PF cannot win a free and fair election. That’s why they have killed all the tenets and freedoms of democracy
the article which they based their judgement on SC John Sangwa is spot on i rest my case.
Let Lungu run for president. Going by the general mood of the people in Zambia right now, PF is not winning 2021 no matter who they nominate as their presidential candidate. Edgar should be allowed to run so he leaves office a disgraced president. And this idyot posting from the UK while masquerading as Kaizer Zulu is just a katolay zoona. You are starting to bore us with your impersonation stunts. It’s a crime! Find something better to do with your time, lest you are a psychopath and a m0ron.
It’s funny how some people above are equating Zambia to Zimbabwe. Since 2015, it’s been the same story that Zambia will descend in chaos under ECL and PF economically and politically. This is 2020, even though the economy has taken some hits due to the bad global economy, Zambia is still in shape. The rule of law persists as some evil elements have tried to disrupt it. The bad and negative publicity generated by the inept opposition has failed to disrupt the country. Zambia is miles from becoming Mugabe’s Zimbabwe!!!
@KaizerZulu: yes PF is not winning 2021…on social media!! They are winning the elections where normal Zambians like those in Chilubi or Western province vote. And please, let’s not lower ourselves and break into insults. KZ has a cv that proves he has won elections, give the man some credit.
John SÃ ngwa maybe learned and educated constitutional lawyer. The fact is his legal opinions were dismissed and well explained by the constitutional court. Now he wants to advance the same argument with the public. He seems to be winning with anti Lunch minded people. The second fact is that besides being a constitutional lawyer he is human and could have his personal desires (outside facts of law).
Having seen Makebi Zulu’s debate on TV with Sangwa and also having read Chipimo’s article on this same issue, I’m definately sure Lungu does not qualify to stand. For those keen to listen to assertions that amount to a nullity at law, then Dora Siliya is your “hippo”. Though I doubt she even has the slightest comprehension of the meaning of the word nullity. The one thing I can deduce from all this is that the end could be catastrophic for Lungu and his mbebas from Kumawa Kumodzi like Makebi Zulu, Dora Silinyu and Tutwa Ngulube. It’s shameful for supposedly educated people to wallow in such fool’s paradise just to quench their tribal bigotry of seeing another Nyanja in power even if he is the worst president ever.
Good lord God almighty, if you put Dora on a scale, I swear she could tip it in excess of 130 kg. This is a very good recipe for a heart attack, does this fool not know that? Well, if saturation with stolen wealth is her final undoing, so be it! Her dressing code too is pathetic, she could easily pass for a whore in Addis Ababa Road!
Let Chagwa stand! PF will be easy to unseat with an illegitimate candidate!
The third term fight is not external,it’s within PF. Lungu can stand, but it must not be done at the expense of our constitution.
“The Constitutional Court ruled that the period from 2015 to 2016 was not a term of office for purposes of calculating term limits as it was less than the minimum 3 years required for a term to be defined as such..”
But eligibility has nothing to do with how many terms one served, the constitution itself does not mention that. Eligibility is determined by how many times one has held the office of president. And holding office is clearly defined as the period from being elected AND sworn in up to the time the next president-elect is sworn in I.e. after being elected, the length of this period is irrelevant.
To illustrate, let us apply a simple mathematics theory of sets and subsets: “term of office” is a subset of “holding office” which is the main set in this argument.
I think…
My considered advice is that listen attentively to John Sangwa, SC, and also carefully read an article written by Elias Chipimo Junior in 2017. You will find the correct answer from these two. The new constitution is not talking about two terms of office as qualification but about “holding office twice”. In law “term of office” and “holding office” are not one and the same and they cannot be used interchangeably. In additionn the ConCourt did not pronounce itself on the eligibility of Pres. E. C. Lungu as an individual. His name was removed from the proceedings as he was not part of the matter before the Court. Please do not use your emotions or your heart but your brain in understanding the issue. Be properly informed to arrive at the right conclusion. Please listen from the two…
…to illustrate, let us apply a simple mathematics theory of sets and subsets: “term of office” is a subset of “holding office” which is the main set in this argument.
I think the reason why PF has difficulties reasoning correctly on this is that they look at personal enjoyment, I.e. they think that the individual concerned has not enjoyed his full share of the trappings of state house if he does not serve at least ten years. But this is about service to country not enjoyment. If PF thought service rather than enjoying they would come to the same conclusion and the individual concerned ( he actually should understand this very well) would simply hand over to another capable person in the party.
Many are times when people quote the scripture out of context,instead of reading the scripture from verse one in order to get the understanding,they start from the middle of the chapter so is the ruling which was made by the concourt.Mr Sangwa as a learned person so to say should explain the ruling which was made by the court than just quoting article 106, what of the other points talking about term of office because a term as got a period.It is like you are standing and then one is asking if the dog passing were they are standing is male or female.The ruling is clear so what is the problem with Sangwa. Divorce divorce
Why is upnd afraid of ECL? if they are saying they will win 2021 elections why are they afraid.Dont be cowards by employing people to fight for you.Do you know who you are fighting? mmmmmmmm watch out.By the way of all the things upnd just accepted to attend womens day kikikikiki kkkkk
kkkkk osadabwa so they like women mmmm kikkkkkk kkkkk kkkk kkkk wina a za lila 2021.
In what capacity was Dora dismissing John Sangwa? Was she doing that on our tax kwacha and capacity of chief govt spokesperson?
Forget about Sangwa and concentrate on winning next year’s elections. This is the work of the opposition to dissuade the Mighty PF from concentrating on more important things like the welfare of its citizenry. Sangwa has taken up the place of Seer 1 who has been silenced by his own foolery. The illegibility issue is now water under the bridge.
Kwena mucalo muno namufula ifikopo elyo nefipuba according to Saviour Chishimba. Mulebelenga mwefinangwa mwe. Kanade mucibemba pakuti bamo bomfwikishe. Ukukonka nolupapulo lwa calo ca Zambia umuntu nga cakuti alikala pacipuna cabukateka imiku ibili awae tacaba icasuminishiwa ukuti uyu muntu kuti aiminina nakabili pakuti asalwe pali bu kateka.
Amepusho:
Ulipusho 1. Bushe ba ECL baliminuinapo ukuti bengasalwa ukuba ba kateka wa Zambia imiku ibili?
Ubuswasuko 1: Emukwai baliminine nokusalwa balisalwapo imiku ibili?
Ilipusho 2: Bushe ba ECL balikalapo pacipuna cabu kateka wa Zambia imiku ibuili?
Ubwasuko2: Emukwai balikapo pa kapuna ka bukateka imiku ibili.
Ukusondolwelwela/Ubupingushi: Ba ECL tekuti beminine nakabili ukti babe bakateka wa Zambia.
Ilipusho 3: Nombas finshi ba PF…
Muluwanfula get the constitution and read it for your self and then make an informed decision or you are one of those enjoying so you are talking with ur mouth full
CAN SOMEONE PLEASE PUBLISH THE COPE OF THE CONCOURT RULING FOR THE PUBLIC TO JUDGE BY THEMESELVES.
You will argue until you argue no more, leave the argument to professionals. It is YES OR NO 2021,Lungu
All these chancers from MMD like Bowman, Dora know that when Lazy Lungu is disqualified, there will be no one to protect them that is the end for them apart from jumping on the next boat.
If PF are so proud of the ruling of the constitutional court why have they not honored the ruling on the illegal stay of ministers in office, why are they so quiet? Am not seeing anyone paying back and the PF term is almost over and yet zambians think they have a govt that upholds the rule of law. Too much lawlessness in Zambia that is why small boys like spax can tell his employees to demonstrate against his incarceration thinking he will get away with it and surely he will because the judiciary is in disarray right now through the interference of other arms of govt. Lack of professionalism and integrity in executing our national duties will never bring anything good. Edgar and his govt officials are above the law currently and only the blind will see anything good in bill 10. If all…
If Edgar lost 2016 elections he would be claiming that he was the 6th president of Zambia and demand compensation in terms of payments after term of office. There was an election that took place to usher Edgar in, he just didn’t take over from a lower position to finish the term Sata RIP had started. How many times has Edgar been sworn into office not as anything else but as president? Twice. Let him stand if he wants let’s not make him like a small messiah by trying to hinder him, let the people of Zambia decide his fate.
‘Nostradamus’ president Edgar Lunga has actually made great strides in pursuit of national development, he is a leader with vision and direction… One thing I give him respect for is the attention he has given to the building of education institutions like primary schools and secondary schools as well as tertiary across the disctricts of Zambia. This is a good reason why voting for him again in the 2021 elections is a great idea because the vision he has for the other sectors will be fully realized.
‘Doubke O Seven’ and I think Zambia will chose well when Lungu is voted in again.
‘Adedos 2021’ Lungu will be a good choice!!! He is a humble leader who has really put in his best to see this nation go higher. He is the first president to appoint a woman as vice president… Because of this alone many more women in Zambia are able to walk with their heads up high and know that they are well presented in national affairs, they know that their voice is heard all thanks to H.E Edgar Chagwa Lungu.
‘Jack kalala’ I agree, most of these people making comments here are biased and emotional… Instead of making conclusions on the issue as it is they are speaking based on what they want to see. Just because a few things have turned south in the country they blame the head of state forgetting the many more strides that government has made in pursuit of national development.
This is the Problem with Zambians; We take serious matters so lightly. It is not about Lungu but what the Constitution says. Lungu does not qualify to stand but people are so quite to challenge the President. Dora is so stupid that she wants to Mislead Zambians. Such leaders deserve to be locked up after their tenure. ZAMBIANS STANDUP AND STOP THIS FOOOLISH LUNGU TO plunder our Country Further.
What does the constitution say about a person who has held a office of president of a political party for more than 15 years? Or is the article in bill 10?
This is not Congolese law . Sangwa is right and should be supported by all well meaning Zambians .
Sangwa who has been promised a job by H² doesn’t want to remain in opposition for g.
Ouch…..chibaba!
If you detest PF with passion, please apply donchi kubeba on the same fools who introduced it and let them dance pelete after nominations.
“Beep my horn for a hoochie with a proper a*s,
It ain’t easy, that’s my motto
Drinking Tanqueray straight out the bottle
Everybody wanna know if I’m insane
My baby mama gotta mind full of silly games
And all the drama got me stressing like I’m hopeless, I can’t cope
Me and the homies smoking roaches, cause we broke
Late night hanging out til the sunrise getting high
Watching the cops roll by
It ain’t easy, that’s right
It ain’t easy, being me
Will I see the penitentiary, or will I stay free
It ain’t easy, being me
Will I see the penitentiary, or will I stay free
It ain’t easy, being me
Will I see the penitentiary, or will I stay free.”
~ 2pac
A term is 5years therefore 1year 6months is far from one term.
Everyone in pf have suddenly become facebook lawyers
we are talking of holding office or elected twice. Does the constitution allow a president to serve more than 10 years?
Tell Hon Dola to just enjoy her wine, not commenting on legal matters that she barely understands. Surely can she under the law better than John Sangwa S.C.?
UNZA Students, “Who are you?!!!!!!!!!!”