The Electoral Institute of Southern Africa has observed that some Zambian laws on the qualifications of presidential candidates are inconsistent with regional principles.
The institute has singled our article 34, which contains the parentage and domiciled clause not allowed in the Principles for electoral Management, Monitoring and Observation in the SADC region.
According to the institute’s interim statement on the just ended 2011 elections, the two clauses should be amended if Zambian elections are to meet international standards.
According to article 34 of the current republican constitution, a person shall be qualified to be a candidate for election as President if both his parents are Zambians by birth or descent he has been domiciled in Zambia for a period of at least 20 years.
That was Chiluba’s law to bar KK. Now after all these years and so many reviews, you have not noticed this silly law. The same wankers who wrote drafted this law are the doing it all over again. Mung’omba, Mvunga, Size Zulu and all the rest are still at it again. Wankers!!!!
I am not a lawyer but I have done some law courses. I think the constitution of Zambia does not need to meet or suit any particular region block or country. The best constitution for Zambia is one that protects all Zambians. Defend human rights and meets the needs and desires of the Zambian people. Let Zambia and Zambian speak for themselves. VIVA Zambia
YOU ARE RIGHT. IF ONLY THEY CLAUSE CAN STATE THAT IF ZAMBIAN BY BIRTH, A PERSON QUALIFIES TO BE PRESIDENTIAL CANDIDATE, IT WOULD BE GOOD BECAUSE EVEN GUY SCOT WOULD QUALIFY TO BE PRESIDENT. HOW I WISH THAT COULD BE TAKEN INTO SERIOUS CONSIDERATION. IF IT WERE THE SAME CASE IN AMERICA, OBAMA WOULD NOT HAVE BEEN PRESIDENT.
YOU ARE RIGHT. IF ONLY THE CLAUSE CAN STATE THAT IF ZAMBIAN BY BIRTH, A PERSON QUALIFIES TO BE PRESIDENTIAL CANDIDATE, IT WOULD BE GOOD BECAUSE EVEN GUY SCOT WOULD QUALIFY TO BE PRESIDENT. HOW I WISH THAT COULD BE TAKEN INTO SERIOUS CONSIDERATION. IF IT WERE THE SAME CASE IN AMERICA, OBAMA WOULD NOT HAVE BEEN PRESIDENT.
These laws of Zambia are motivated by greed and selfishness. In the end, the people that suffer are the poor, because they are being ruled by Kabovas and ‘Low Mobility Stock’.
The “both parents Zambian” part is debatable, but the “domiciled in Zambia for al least 20 years” one is nonsense! What about us who are out studying for higher degrees, or those that spent over 10 years in foreign service?
And this same constitution does categorically say whether the candidate must be born in Zambia or not. This constitution was politically engineered by FTJ to fix KK. We still do not know whether FTJ was born in Zambia or not. We can not confirm whether is parents were born or had lived in Zambia for more than 20 years. The only person that identified himself as FTJ`s parent was Congolese and he was embarrassed by the government media. I don`t know why we should still referring to that ugly constitution because it should have been trashed by now. Those who served on that committee which drafted that horrible constitution should not be allowed to take part in future constitution reviews because they served Zambia badly.
Chiluba was not born in zambia but came to zambia at a early age to get a bemba accent or copperbelt accent. When i started grade one I was with about 25 classmates I changed schools and went up to secondary schoool. If you doubt me atleast one person would speak out to say I was with him in grade two or grade five or at the college. Did you ever hear about who went ot school with chiluba in sub b or any school of any sort? Chiluba fought hard to learn bemba and change his accent?
Point taken! We are a listening government. We shall give Zambia, a constitution that will stand a taste of time. We understand it is a costly exercise so we will just look at the good recommendations made in the past reviews and allow Zambians to vote on it either through their representatives in Parliament or through a referendum. Our President, His Excellency Michael Chilufya Sata can not let down the people who sacrificed so much to put PF in government. Again we are a listening government. Thank you.
What does time taste like? It’s the “test” of time you want a constitution to withstand….
….are you listening?
p.s. you’re welcome.
Silly clauses adopted and enacted to target individuals. While the parentage one was aimed at barring Dr. Kaunda’s participation in the 1996 elections, the 20 year residence one was meant at excluding Dean Namulya Mun’gomba who at the time was viewd as a threat. When they realised he was not a factor, they found a way of interpreting the clause and issued a statement to the effect that the clause “does not include those who have been out of the country for studies”.
As it stands my boys can never President of Zed…what a loss!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!![-(
The current constitution is a perfect example that demonstrates that Zambians do not love and appreciate one another. Why should someone target a person or group and steal their rights? In civilized constitutions, it is illegal to target a group of individuals or persons. These are the consequences of greed!!
Not so fast, constable Sata wants to use this law to fix RB for ruling illegally if a commission of enquiry finds his parents were foreign.
Wait this is the last hope for the cobra as the ‘lexus’ and the ‘gold’ scandals have fizzled……
What about the US? Naturalized Americans can’t run for presidency e.g. Arnold Shwazenneger. As pointed out earlier the laws don’t have to conform to any regional standards. What is paramount is that they protect and put Zambians first.
What is wrong with being a constable? It is not your career or degrees that make you who you are, it is what is inside and what you make yourself. The best minds have not completed high school. If you think by cruising though college you be come a superior human being then you are pathetic and small.
# 13 and 14 @redCard you are right it is time Zambia started to decide what is right for Zambia and not what is right for a region block or grouping. Zambia needs a constitution that protects its citizens, its resources and all our visitors. But Zambia comes first.
Leave us alone. THAT IS HOW WE ARE. We cannot afford being ruled by foreigners.
Do not rush to make statements that will harm your country. We are already a country with 72 different tribes. Our neighbors the Congo have accused Kabila of being a Rwandese. We already have enough issues like the Barotse agreement threatening our motherland, so please let us put Zambia first!
this certainly was FTJ manipulation.Â
Its our constitution ! In our straggle we find our destiny!Â
This is Zambian constitution and it suits us not global constitution. Let Zambians do the best for themselves and not the world. Forget about global fimo fimo. Zambia is an entity and not global so lets not confuse things here. Our law on this one is just fine. I end here!
No. 3&4, please think through what you are saying…….that means going back to colonialism in many aspects,and not independence, if you carefully think thru your suggestions…wahy dont you see yourselves ruling than to always want to wait for others….
there is no nation that does perfect things and will never be,in our mistakes no matter how bad we make them,is how we grow and learn, and move forward..im sure from the KK days to todate lots of mistakes have been made, but Zambia has been moving forward…you dont look back like the children pf isreal and say oh no we want to go back to Egypt were we ate onion…or is it that most of us these days never experienced colonialism to understand what it means….its easier said than done, or else once we make that mistake……….
England and the queen rules Zambia again, and since they know where the minerals are they take charge of your economy, before you know it, and start fighting to get back, its too late you are controlled…
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