Legality of Zambia’s Acting President Questioned

Wynter-kabimba-zambia-reports-corruptionThe appointment of Patriotic Front Secretary General Wynter Kabimba as Acting President while the head of state is out of the country is being questioned by some senior party officials as possibly illegal and unconstitutional, following revelations that President Michael Sata was not conscious at the time of his departure.

According to sources interviewed in Lusaka, a number of senior PF members are concerned by what they see as a “coup” within the party following President Sata falling ill and being evacuated to Israel for treatment. Finance Minister Alexander Chikwanda, who usually performs the role of Acting President when Sata travels, was not even informed of the evacuation, while Defence Minister Edgar Lungu was also left on the sidelines.

Sources tell Zambia Reports that President Sata’s thumbprint was used to sign the order making Kabimba Acting President, which would be illegal and unconstitutional, as under Article 39 of the Constitution, if the head of state is incapacitated, the Vice President (in this case, Guy Scott) is the default Acting President. Any other Acting President would require parliamentary approval.

President Sata’s communications team led by George Chellah appears to be acting fully in service of Kabimba, issuing campaign-like statements, which has upset many PF members.

“The Patriotic Front has been hijacked, and there are plans to fight back,” the source said. “What is happening is a coup – a power grab – by the cartel, with Kabimba as the front, supported by Fred M’membe, Mutembo Nchito, and Rajan Mahtani. But the party grassroots and veteran leadership won’t stand for it – they are very upset and uncomfortable with Kabimba’s opportunistic power grab in light of the president’s condition.”

Since departing for Israel, President Sata’s condition has been shrouded in secrecy and unconfirmed rumours, including suggestions that he had slipped into a coma on Saturday, while his son, Lusaka Mayor Mulenga Sata, had reportedly flown to Israel via Dubai this weekend.

“If President Sata were even minimally well enough to stand or speak, we would have seen a photograph by now to quash all the panic and rumours,” the source said. “But the fact that we have not yet seen any image indicates that the situation is very grave, and that’s why PF members are so upset with Kabimba’s power grab.”


  1. JJ

    What else one expects from those sitting in a sinking boat, helter skelter, noise and trampling over others? Rajan Mahtani is reported to be purging from the time Sata has been flown and has give $250,000 to Kabimba to take care of logistics. Small crumbs have been sent to reporters at Watchdog to moderate stories about Kabimba and exclude Rajan Mahtani from any of their stories on Kabimba and the cartel.

  2. Bonkus

    Illegal is legal and legal is illegal under Sata and PF rule. Thumb impression with army commanders present and Sata nodding (nodding for shaking) his head was enough to legitimise the anointment of Kabimba.

  3. Mutale

    Where was Mulenga Sata when President was handing over the Presidency to Wynter? Where was Dr Kaseba? Where were statehouse advisers and his personal security and intelligence officials? Dr Kaseba shall speak out on this one or is she a part of the conspiracy, photographed in the United States of America with a wrong person?

  4. TarJen

    ZR can you investigate why Mopani, KCM, First Quantum and multinationals are using two international insurance brokers at the cost of 36 indigenous brokers who are better qualified and experienced? These two brokers make money and take it out of Zambia while indigenous brokers create employment but discriminated against in their own country.

    • Mpundu

      @TarJen, take your racial thinking to your backyard. We have enough of Guy Scott’s racial remarks. If foreigners are providing better service, let it be so. No serving on a silver plate. Zambian brokers are thieves. They steal client money like their counterparts Zambian lawyers, Zambian accountants, Zambian politicians.

  5. Senior Citizen

    When whole nation is praying for its critically ill President Sata now on life support machines under the Mossad, Kabimba in his schemed coup d’état without derived or implied powers is busy insulting HH. Out of delusions he is being misled by fellow criminals to see his own imaginary invincibility without realizing that instead, he is just entrapped in the smallness of their minds, thinking Zambia is built around a legion of criminals- (M’membe, Mathani, Nchito and Kabimba himself). Watch the space as the Defense and Security, Cabinet, PF leaders, party power base, and member refuse to be party of a coup. Wait for the nation’s constitutional minds, national political establishment of the opposition, civil society and international community. Someone will end up miserably. Will PF senior officials, the Cabinet, the Defense and Security and indeed Zambians known to be constitutionalists rubber stamp this coup d’état being coached and staged by M’membe abusing clueless young George Chella?

  6. Saulosi

    Good news, President Sata is returning to Zambia next week.

  7. Kobo

    Any news on Sata in Israel?

  8. Munali

    Mpundu, You are the one who is confused about the law. The law forbids foreigners from competing with Zambians for employment if the two are on the same terms. It is that simple. If a qualified Zambian is there, the foreigner has to go, that is how it is everywhere in the world. In the US an employer has to post a public notice if he intends to pursue a foreigner for a job. The purpose of this notice to advise qualified Americans of the availability of that job. If he cannot find qualified Americans, the employer can then hire the foreigners. After the foreigner is hired, the employer still has to go back to the department of justice to get a work visa for that employee. The work visa stipulates how long that person is allowed to work in the US, what the work status of his spouse will be etc etc… This is done because the single objective of any economic system should be employment and improvement of the material situation of the native citizens of a country. Furthermore, employing Zambians keeps money in Zambia. These Zambians buy goods and by so doing keep other Zambians employed, the economy growing, and the tax revenue of the country healthy. Every kwacha spent in Zambia multiplies itself through this economic cycles, and generates more kwachas. In the US, it is estimated that every dollar spent in the US generates 8 more dollars for the economy in that locality…Therefore, never again utter any statement that supports the appropriation of any part of the Zambian economy by a foreigner; it is always the less healthy alternative for the country in the long run.

    • Dim Wit

      Crap! Learn to embrace Diversity! This is what has made nations great!

  9. Munali

    correction: Visa are now issued by the Department of Homeland affairs which arrogated many of the former functions of the Department of Justice and the State Department.

  10. Munali

    some sort of federation might serve Zambia well, by allowing locals more control of their local affairs..

  11. PF Ancestor

    Please cage foolish Kabimba

  12. Yatuta Chizizi Mweene

    Zambia lucky to have Sata – Kabimba
    By Roy Habaalu
    Sun 29 June 2014, 14:01 CAT [446 Reads, 0 Comment(s)]

    Text size
    Wynter Kabimba
    Wynter Kabimba
    GOD gave us Michael Sata to redeem Zambians from the slavery and corruption of the MMD, says Wynter Kabimba.
    The PF secretary general and justice minister said Zambia was lucky to have President Sata because he had delivered the country from poverty and was serving the poor.
    “We are lucky as a country to have Michael Sata as President. People now are saying, ‘Where was Michael Sata all this time? He should have been President a long time ago’. We are lucky as a country that God gave us Michael Sata to redeem us from the MMD slavery and corruption. This is a man who has come to render service to the poor. He has come to render service to the whole country,” Kabimba said when he addressed party members in Shibuyunji district.
    He said Zambians needed to unite as patriots in supporting President Sata develop the country.
    “The vision of His Excellency the President for this country is nothing other than development; that’s the vision of Michael Sata and those of us who work with him every day see this in him. This has been his burning desire in his many years of public service,” he said.
    Kabimba said patriotism should unite all Zambians regardless of their political affiliation.
    He said Zambia needed to learn from Cubans who united in protection of their country on national matters.
    “This country over the years has been eroded of the spirit of patriotism in our citizens and this is why we have some of these problems today. We need patriotism that will bring all of us together. We should be able to forget about our problems and unite for the betterment of the nation,” Kabimba said.
    Kabimba said it was unacceptable that Zambia should remain begging for food from donors.
    “That’s why when you travel out and they see a black person, everybody thinks you are running away from poverty in your country because we can’t develop our countries. This country must be transformed. We can’t remain beggars of food from donors. It is not the job of donors to give us food so we must maintain our pride,” he said.
    Kabimba said the government was trying to ensure that its budget was sustained by domestic revenue.
    “Our policy is to cut down on donor dependency so that the future generation is not bequeathed with unbearable debts.”
    Meanwhile, Kabimba said those that were not ready to serve the party should pave way for others.
    Kabimba commended Lusaka PF Provincial chairman Geoffrey Chumbwe for organising the party in Shibuyunji.
    He said the party was the instrument of service to the people.
    “This is not UPND dreaming to form government, it’s not MMD dreaming to return to power, this is PF the ruling party; it’s not chongololo business, it’s not a playful matter. Those that can’t perform, please give way to those that are ready to sacrifice and mobilise for this political party,” said Kabimba.

  13. Yatuta Chizizi Mweene

    Are we missing something here? How come Kabimba is seeing reason to thank God for Sata, and yet some of us wonder why Sata even ever existed in the zambian history

  14. Bemba Bimbo

    If Sata could not even sign his own signature on a document it can only be due to three reasons.

    1. He is illiterate and has never learned to write
    2. He is mentally and/or physically incapacitated
    3. He is dead, and someone used his finger to print a fingerprint on the document

    Which one is it?

    • Freddy

      Treason charges will be laid on a certain group very soon. Watch the space.

  15. Munali

    Chongololo ? This is a term I have not heard in a really long time

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