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Guy Scott Can Stand- LAZ
ACTING President Guy Scott may be eligible to contest the election of the presidency of the Republic of Zambia, Law Association of Zambia (LAZ) president George Chisanga has said.
Meanwhile, Lusaka lawyer Sakwiba Sikota has said Minister of Defence and Justice Edgar Lungu should have continued to perform the functions of President when President Michael Sata died in London on October 28 because there was no vacancy.
And Lusaka lawyer Stephen Mumbi has observed that Cabinet had no powers to revoke the appointment of Mr Lungu as Acting President in preference to Vice-President Guy Scott for the 90 days transition period.
LAZ president George Chisanga has told AFP that if Zambians were comfortable with following the precedent that was established by the Supreme Court in the case of Lewanika v. Chiluba, his conclusion was that Dr Scott qualified to contest the presidential election.
Mr Chisanga said it was the reasoning of the Supreme Court that people like Dr Scot were in the the ambit of those who could qualify to contest elections as president of the Republic.
But according to the Supreme Court judgment Mr Chisanga is referring to, it was found that Dr Chiluba’s mother was a Zambian where as in the case of Dr Scott, both his parents were Scotish.
“If people will be comfortable with following the precedent that was established by the Supreme Court in the case of Lewanika v. Chiluba, the conclusion would be that Mr Guy Scott qualifies to contest the election and that, if you ask us lawyers, is the law. The Supreme Court in that case argued that notwithstanding that Mr Chiluba’s parents were not Zambians, the fact that Mr Chiluba was in Zambia when Zambia was created as a sovereign state made him eligible to become a Zambian.”
And Stephen Chan, a politics professor at the University of London and who lectured in Zambia told Bloomberg: “Scott is very popular and was very close to Sata. “He will not have difficulty in achieving acceptance.” But Mr Sakwiba said there was no need for Cabinet to appoint Vice-President Scott as acting President because the vacancy which was created when the President left the country was filled by Mr Lungu.
“At the time when the President passed on, there was no vacancy; there was somebody in an acting capacity and that person should have continued. That is Honourable Lungu. That is my argument and that of others as well.
“I agree with arguments Brigadier-General Miyanda has put forward that he (Dr Scott) is disqualified from acting as President.
Mr Sikota said even if other people were comfortable with Dr Scott acting as Republican President, he strongly believed that the Constitution was breached.
“I feel that there was a breach of the Constitution, but others feel there was no breach. If there was breach, there is that doctrine of State necessity that acts which are being taken now. Otherwise we have a situation of total chaos if we said that acts are null and void,” he said. Meanwhile, Mr Mumbi has charged that the advice rendered by Attorney-General Musa Mwenye to Cabinet to force Mr Lungu to cede power to Dr Scott was a nullity.
Mr Mumbi said in a statement that Cabinet was therefore misguided by Mr Mwenye and rode on a fallacy to the extent that it erroneously revoked the appointment of Mr Lungu to perform the functions of the office of President and appointed Dr Scott in his place.
The Lusaka lawyer said that Mr Lungu in accordance with article 39 (2), was and still is the rightful person to hold and perform functions of the office of President until a new President was elected.
Mr Mumbi has argued that the appointment of Dr Scott as Acting President was a breach of the Constitution and should therefore be revoked and that Mr Lungu should be reinstated. He said the act by Cabinet to appoint Dr Scott to take over the functions of the office of President was a breach of the Constitution and therefore a nullity at law.
Mr Mumbi has demanded that for purposes of upholding the Constitution, the erroneous decision by Cabinet that revoked the appointment of Mr Lungu as Acting President should be rescinded and the appointment of Dr Scott revoked.
Mr Mumbi said late President Michael Sata did not appoint Dr Scott to act as President because he (Scott) was disqualified by article 34 (3) and it was therefore irregular for Cabinet to have demanded that Mr Lungu should cede power to the Vice-President.
Source: Daily Nation
Posted by Kunda
on November 10, 2014. Filed under LATEST NEWS.
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Cool Mo D
November 10, 2014 at 2:14 pm
More CONFUSION, Zambia what a country.
Sinjonjo
November 10, 2014 at 2:21 pm
Then let him stand. What’s the fuss all about?
Jeff
November 10, 2014 at 3:30 pm
I agree with you for following reasons:
1. President continues to function even when abroad and delegates only specific functions for the Acting president to handle. When president dies, succession law kicks in.
2. The supreme court for sure did conclude that for the persons of prior 64 generation, they could stand as Zambia only came to be in 1964. In other words you could only fulfill that law if your parents where born after 24 Oct 64 according to them. For those with parents born prior to 64, their birth place is irrelevant according to that judgment from what I’ve read. My opinion is yes he can stand.
John kabengele
November 10, 2014 at 2:43 pm
Let him stand period
John kabengele
November 10, 2014 at 2:45 pm
Sakwiba and Miyanda, you have hatred for Scott why?
from a tribal party
November 10, 2014 at 3:15 pm
sakwiba wants to be seen as a lawyer even when he is just being a cheap politician.
Dodoma Daeresalaam Dansania
November 10, 2014 at 2:47 pm
I agree with this. Not because I like Lungu but because there are only 2 circumstances in which the president can choose another person to act other than the Vice president. which are when the Vice is not there or when the Vice is not capable. In this case the Vice was around. So he was not given to act because of the second reason which is incapacitation. So cabinet and Musa Mwenye can not come and make the vice capable by using the constitution. The president made the vacancy occupied by appoint some one other than the Vice who was incapable. Chapwa
Sunrise
November 10, 2014 at 9:11 pm
You are lost . What is incapacitation? Read the law carefully. I can explain it in simple terms. When a headmaster leaves the school for 1 or 2 days he can ask one of the senior teachers to act in his opposition maybe because he is not in good books with the deputy head. But if the headmaster dies , the deputy headmaster automatically takes over as boss of the school. Simple.
Alick
November 10, 2014 at 3:00 pm
What kind of lawyers do we have in Zambia. They keep on confusing everyone. It seems that Law is subject of guess work. It has no definite interpretation. It seems anyone can interpret it according to their bias. Are lawyers truthful and honesty or they depend on who buys them?
mutale Yumba
November 10, 2014 at 4:26 pm
Wasosa
Phiri
November 10, 2014 at 3:20 pm
Tumfweko you are mixing up issues. Chisanga is talking about something else and Sakwiba is talking about another but you make it seem like they are addressing the same issue. Ati kupusa!
Economic Advisor
November 10, 2014 at 3:34 pm
Sometimes I think that lawyers are not normal,why are they not going to court than busy barking like dogs or have they forgotten there courts. Nshitobela ubupuuba
mutale Yumba
November 10, 2014 at 4:26 pm
Nusosa
mwanamalenga
November 10, 2014 at 3:37 pm
Lawyers guide us properly. this country needs proper interpretation of the law. you should have guided us well. let this not repeat itself. I am disappointed.
kapaso wa mfumu
November 10, 2014 at 3:39 pm
Is it the constitution which is not clear or people are misunderstanding it. I have failed to understand why there is confusion over who is legible and who is not.
Czar
November 10, 2014 at 3:47 pm
George Chisanga is friend of Mutembo and M’membe. He’s the lawyer who represented Chansa Kabwela, a Post reporter in the pornography case. In short he’s a stooge of the cartel. Both Mutembo and Chisanga are my friends. We were together at Libala Boys. Mutembo was in another class but George was my classmate. In University I was in the School of Natural sciences while they studied Law. I know them very well.
mutale Yumba
November 10, 2014 at 3:50 pm
I did not know law was so confusing. The great people endlessly arguing one with the other. I do not know where it leaves plain people like me and cadres.Is there need to go to the so called Universities to learn law?????????????????? Hope people do not take the law into their own hands because the so called lawyers can not articulate in a manner that is convincing. Atleast for medicine people can do some tests to prove the diagnosis or even a postmortem if there is a death. For law Kaya!!!!!!!!
Ndine
November 10, 2014 at 3:55 pm
The best for Lawyers Mumbi and Sikota to do is simply to go to court and prove their point. This was the open challenge Scott gave. Are they waiting to be hired so that its beneficial to themselves as Lawyers?. If the death of President Sata did not create a vacancy since Edgar Lungu was already appointed, why are we then going for Presidential Bye Elections?
syms
November 10, 2014 at 4:09 pm
THE SOLUTION HERE IS 4 THE FIRST LADY DR CHRISTENE KASEBA SATA TO BE ADOPTED 2 STAND ON PF TICKET CHAPWA, COZ SHE STOOD BY HER HUSBAND WHO HAPPEN TO BE OUR DEAREST PRESIDENT.
amano ukubula
November 10, 2014 at 5:00 pm
time to take your medicine.
Green
November 10, 2014 at 4:16 pm
Someone is looking for jobs at LAZ,we all know the trick.Many Niggers have ended up in hire offices for supporting a common cause even when it was illegal.Your conspiracy will never work for u corrupt Niggers
afcon phiri
November 10, 2014 at 4:17 pm
PF SHUD LEARN FROM MMD.
MMD LOST IN 2011 BECOZ THEY CHOSE A WEAK CANDIDATE FOR PRESIDENT.
RUPIAH FAILED TO FIT IN MWANAWASA’S DEAMS AND ASPIRATIONS. THE SAME WILL HAPPEN TO PF IF THEY CHOSE A WEAK CANDIATE FOR PRESIDENT.
afcon phiri
November 10, 2014 at 4:19 pm
GUY SCOTT CAN NOT RULE ZAMBIA PERIOD; UNLESS PF WANTS TO PACK NOW, EVEN BEFORE 2016.
WE ARE NOT SO DOCILE THAT YOU CAN TAKE US BACK TO 1960.
Jeff
November 10, 2014 at 6:41 pm
Article 23:2 and 3 extracts “..no person shall be treated in a discriminatory manner by any person … “discriminatory” .. affording different treatment to different persons attributable, wholly or mainly to their respective descriptions by race, tribe, sex, place of origin, marital status, political opinions colour or creed ….”
Why 1960?? Just exercise your right to vote for whoever you want without being in breach of the law.
Phiri
November 10, 2014 at 7:34 pm
Lekeni umusungu ateke
Green
November 10, 2014 at 4:26 pm
Nigger whats your problem.your opinion sucks.Does your father work at LAZ or u are looking for a job there,Nigger pliz,what have u been smoking?Balani I surpose
magroova
November 10, 2014 at 4:38 pm
ba laz matole yena
frank mwelwa
November 10, 2014 at 4:45 pm
Let him stand. He will only manage to split the PF votes.
In Zambia, everything is circus !! Even those in PF do not realise this.
What a Party !!
Jungle Kiswa
November 10, 2014 at 4:51 pm
that is why I like maths because answers are straight forward than this bullshit I am made to read everyday.
me
November 10, 2014 at 10:04 pm
You are right bro
Justine Mwansa
November 10, 2014 at 4:53 pm
I think no character among those aspiring for leadership in PF has inspiration.
But in Zambia, you just never know. Anyone can be President.
I think HH needs to be given a chance. I can not imagine beeing ruled by GBM, Lungu, Kambwili, Chikwanda or Kabimba.
Imagine how Lungu will look on a Presidential Potrait !! Drunkard. Everyone will be laughing at us.
amano ukubula
November 10, 2014 at 5:02 pm
I always knew that Scott was not acting and would be president by default
avril chéri
November 10, 2014 at 6:02 pm
i smell total confusion in zambia after burial tomorow.
Lord, this is the time we need you the most.
Jere Jojo
November 10, 2014 at 6:37 pm
This makes sad reading! If lawyers can have variant views on this matter; Who is going to guide us…..
Immune
November 10, 2014 at 6:44 pm
Dr kaseba for president I support
Czar
November 10, 2014 at 6:49 pm
Just another foolish muppet or as @Green will put it “nigger”.
chiko
November 10, 2014 at 7:16 pm
colonial mentality. Scot is a Zambian period and can stand as president .
Davis Mwila
November 10, 2014 at 8:11 pm
Constitution is very clear. Vice President acts. Does not even mention acting President any where, just confusing people. No president can appoint somebody to act in his death, it is the constitution that does that and it explicitly says the VICE PRESIDENT acts
Ndeloleshafye
November 10, 2014 at 8:42 pm
We have killed law if we this law Guy scot would have appoited to be be actin
me
November 10, 2014 at 10:01 pm
The law is just an ass.And so are lawyers
John kabengele
November 11, 2014 at 3:31 am
Laws are there to be blended and broken, that’s the nature of the law, never straight., my friend.
mujosah
November 11, 2014 at 3:48 am
True my bro
penes
November 11, 2014 at 3:09 pm
Edgar lungu is the next president. scott did well to act while Edgar campaigns.
Az God
November 11, 2014 at 4:29 pm
So where were these idiots wen da confusion ws there?
kaswa swa
November 12, 2014 at 7:11 am
Awe ba Scot nimbama we need him to finish the term
owen
November 12, 2014 at 10:38 am
Dr scot nimbama let i m finsh the tem for 1yer &some mothsl.
Charles Kasamba
November 12, 2014 at 12:47 pm
Who is more democratic between a Zambian born 1980 (under UNIP rule) and a Zambian born 1991 (under MMD rule)?.
Who is more Zambian between a person born in Mpika in 1960 and a person born on the copperbelt in 2014.
I THINK UMUSUNGU IS MORE ZAMBIAN THAN MYSELF BORN IN KITWE GENERAL HOSPITAL IN 1971. More Zambian by 7 years. By the way is Obama Kenyan or American?