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Canada-Based Lawyer To Pres. Lungu: You’re Not Eligible For 2021, Sir

pres-lungu-accCanada-based lawyer Elias Munshya Wa Munshya has is sticking his neck out telling President Edgar Lungu he was not eligible to contest the 2021 presidential election because he would have served out his two terms and is constitutionally barred from seeking a third term mandate.

Munshya says the fact that the constitution has been amended is not sufficient ground to qualify the growing argument President Lungu is eligible for 2021.

President Lungu has since challenged those disputing he is eligible for 2021 to take the matter to court. The Head of State declared on his visit to Ndola yesterday he was eying re-election when elections are called in August 2021.

But Munshya has categorically stated that the Head of State is not eligible.

“President Lungu first ran for the presidency under Constitution 1996 in 2015 and that was a full term which terminated in 2016. That which was a presidential term under Constitution 1996 is still a term under Constitution 2016.

“Constitution 2016 cannot retroactively cancel that which was regarded as a presidential term under Constitution 1996. Constitution 2016 does not automatically make Mr. Rupiah Banda eligible to two more presidential terms, just as it does not make Mr. Edgar Lungu eligible to run again in 2021.

“If we followed the logic that Constitution 2016 retroactively makes Mr. Lungu eligible, we would have no law and certainly no constitution. It would mean that any president can then each year push through constitutional amendments that make them start afresh and remain in power indefinitely.

“President Lungu assumed his first presidential term under a constitution that stated clearly that he could only run one more time and not two more times. He knew what he was getting himself into. He should not be misled by amanone of the presidential Benz.

“In 2021, His Excellency must vacate the office and respect the Constitution 1996 under whose wings he first flew to Nkwazi House,” Munshya states.

Governance activist Isaac Mwanza has also added his voice to the debate saying President Lungu is constitutionally barred from contesting the 2021 election because it will translate into a third term.

Munshya supported President Lungu’s election in 2015 and 2016 while Isaac Mwanza has occasionally been viewed to align with the ruling party although most of his arguments are generally objective and backed by sound legal authority.

70 Comments

  1. Smith

    C’mon Mr.munshya, what you saying?
    In 2015 hes was just completing our late presidents term His Exellence Mr.sata.
    So ECL has one term to go.

    • Yawn

      What comes first?0 or 1

    • kays

      Master Munshya,
      CAN YOU PLEASE EXPLAIN WHAT IS MEANT BY A ‘FULL’ TERM?
      Otherwise you could be misleading yourself sir.

  2. Smith

    C’mon Mr.munshya, what you saying?
    In 2015 hes was just completing our late presidents term His Exellence Mr.sata.
    So ECL has one term to go.
    Lets go Lungu lets go

    • TJ

      Smith you are very right that his Excellency President ECL still qualifies to stand as Zambian Republican President in 2021. Never HH as he is busy turning UPND into ” A political terrorist organization in offing or making”

      • Moses Mwanza

        By 2021,His excellence President Lungu would have served two terms .so that dis qualifies him from contesting in the 2021 election.He was elected to finish that term he served in the by elections.with this current one makes its two. Simple logic.

  3. zone

    ba guy don’t be funny, 2021 it’s very far just do the work wafilwa job or that position is very sweet.

  4. Kalok

    It appears the capability of lawyers is finally being exercised here. We know what happened to those Ministers who overstayed their welcome and listened to the wrong legal advice…

  5. Katete Kakoma

    I believe that when one merely follows their logic they can interpret things in such a way as to suit their feelings. I believe further that the best way is to go by the book, in this case the constitution.
    I wish, therefore, to ask Munshya and everyone else debating the issue of Lungu’s 2021 eligibility to base their arguments on articles of the constitution, especially 106 and its clauses. The country is now being governed by the amended constitution and anything in the old constitution does not apply if it is not included in the amended constitution.
    Munshya should refer to specific articles of the constitution and tell us how they relate to this matter other than merely saying I this and we that. He should do this without personal inclination.

    • FuManchu

      @ Katete Kakoma there was no repeal of any constitution or was there? Anyway lawyers are good at their language all meant to confuse the layman just to preserve their self interest. No wonder nowhere in the Bible does it refer to or recognize lawyers!

      • Native

        They are, in a manner of speaking, “trained criminals”! The tragedy is when, as in ECL’s case, they turn “rogue”.

      • Yambeta Mkandawire

        My brother don’t be ignorant…Read Deutronomy 1 Vs 9-17

      • Yambeta Mkandawire

        My brother don’t be ignorant…Read Deutronomy 1vs 9-17

        • Native

          They may not have been called lawyers per se but may have been referred to as teachers, rabbis, scholars or the like. Moses was a “lawyer” in the real sense (though he may not have been to any law practising institue or ZIALE like “some” of our rogue lawyers) as the ten commandments that he brought down from the mountain was LAW.

  6. Kabila

    Pabipa

  7. One H

    Pliz Law interprators, try with all yo strength 2mek it lound $ clear both to pipo $ lungu himself! Enough is enough!

  8. Mapanza H Nkwilimba

    Edgar, stop wasting energy on trivial arguments. We need leadership that will end hunger in homes now. We need leadership that will provide medicines and proper medical care now. We need leadership that will prepare the future of Zambia through meaningful education now. We need leadership that will end fear of living in Zambia because of political violence now. We need leadership that will stop rampant stealing of public resources now. We need leadership that will restore separation of power now. We need leadership that will provide a vision to drive the huge potential into wealth creation now. We need leadership that will unite Zambia now. Please, stop distracting the country from important and pressing national issues because your bid for re-election is not important.

    • Lungu

      Comment
      we have just had election, does it mean your interest are elections?

  9. ob

    Kwena mwe bantu kutimwapapa

    • speedoe

      let him stand 2021he want to test both sides of a coin like his mentor. most people voted for him bicos of Sata’s projects which are all on stand.this is not the time to talk about 2021first fix the shrinking economy.

  10. THE OBSERVER

    The Economy is in mess u begging IMF to help.Mr President deliver the people will love you what good is it to seek another term adding misery on Zambians.This is time to work, dont test Zambians you may not end even finish this term.Kindly exert energies to delivery.Zambians pray God will look out for his own.Let

  11. bk

    ba lungu tatulekana lelo tuka mikana paku vota

  12. Antu omwe

    The constitution was updated so why refer to the old one, we will live doulble standards if we do that.

  13. muthanabu

    The Lawyer based in Canada should concentrate his issues in Canada leave H.E Mr Edgar Chagwa Lungu alone, the President Mr E C Lungu should contest in 2021 Viva E C Lungu long leave Zambia. Us we are behind you the President Mr E C Lungu you are our beloved father of the Nation!

    • Legendally Northern Kicks

      Mathanabu, dont say us are behind you, but you should say yourself is behind you. Dont think everyone is happy with PF in Zambia, ok.

  14. Maano

    This is the problem of mutilation of Peoples desires to suit personal interests. Mr Lungu manipulated the Constitutional amandments to suit his desires. The three years limitations were added to the Amendments by PF to suit Lungu, but they are in conflict with Article 106 (2) that restricts the Presidential Office (not terms) to two Occations.

  15. Chambo Fr

    Hey pipo ati uli the guy is a legal councelor……they all hardly want to let go..

  16. Native

    ECL tends to “yeltsin” a lot thus “blurring” his sight when reading the constitution. The ministers that over stayed their term of office have yet to pay back to the treasury monies they illegally earned. He also has a history of blurring his lines when it came to his law practice’s account and clients’ account. Those who want to go against the law of the land can support him in his “rogue interpretation” if they wish but after FTJ’s failed third term bid not even ECL will have it. This reminds me of Chishimba Kambwili’s bemba proverb about “the hyena’s faeces having traces of grey hair after the loss of an old man”. Wynter Kabimba was “framed” as the “hyena” when he may just have been an innocent “mumbwe” who had “shintilishad” in late Sata because his presidential aspirations are very tame compared to the vicious efforts we’ve seen post 28th october 2014 in ECL trying to ascend to the office of president and measures employed for self preservation thereafter. The real “hyenas” seem to now be exposing themselves after having gotten away with “ukulya” umukote before although Chishimba is camouflaging himself as a mere “mumbulu” that thinks 2021 is too far. Teachers and students of political science have a lot of material to learn from on ethical conduct for politicians from this short era post october 2014.

  17. War Lord

    Here we go again with the curse of African leadership: clinging to power at whatever cost. In the same day & age you have British Prime Minister & French President & even the Pope willfully offering to relinquish power, while in Zimbabwe, Uganda, DRC, Gambia & now even Zambia, you have Presidents who unashamably stoop down so low as to cry & cling to power (like a kid whose toy has been grabbed away from him) even four years before elections! This is highly unstately & petty of President Lungu to engage himself in this kind of debate. Where is Amos Chanda for crying out loud???

    • ROKA

      No wonder he is on CK’s throat,to clear the way for manipulation iyee uluse kili fwe bantu yawe yawe.Just to copper belt to go and bribe the people with appointment of Chanda Kabwe and that pf fimofimo to replace Chanda Kabwe, but don’t forget CK uko uleya Ku Kabwe

  18. pro

    Bwana Smith,
    You are not being patriotic with bwatubwatu. Or put it ukubwata bwata.
    you give the nation your legal interpretation and reconcile the 1996 and the 2016 constitutions.
    It shouldn’t be about musungu anikonde but, leading or misleading.
    It should not be about every issue to go to court for interpretation as it will mean our leaders are not worth it.

  19. mmj

    Comment: wooo!!! Africa !!!, That’s it

  20. Michael

    Mr. Munshya is 100% right. The final term for ecl is this one. Why did they amend the 2016 constitution? To fool us Zambians? No pliz people, lets be realistic on this issue. If we are not careful the 2017 constitution will also be amended to cause ecl stand again in 2026. Come to your senses peaple! What goes up must surely come down, period.

  21. Bos bos

    Boss u haven’t even finished one year in your second term u already making noise lean from Mr bwezani.so u mean someone will come change the Constitution like u did and go for indirect 3rd term? Pliz think about going home in 2021 otherwise u will lose coz u will anger some pipi who voted for u and they will end up votin the opposition

  22. kent

    Twachula ifwe insala and unemployment. Cn u forcuss on that Mr president

  23. NOMANAZZ

    2021 am standing as a mp in green party,keep up you

  24. zone

    kumutapulafye ngatana that’s God did to the Satan

  25. wezzy

    kuwayawayafyeee!!!!

  26. THE BEST

    WE ALL HAVE TO WAIT FOR 2021

  27. nshilimubemba

    The best thing to do is to go the book and check, just speaking can be misleading if we have a constitution why fight any one with empty words , the paper is there to settle the matter .

  28. child of the sky

    The constitutional court! If course the puppets in his “seacher pocket”..

  29. Advice

    I feel for the big boss this mighty be a loss in 2021

  30. Benny Zulu

    We do want poverty in 2021

  31. The Realist/Sj

    ECL is very much eligible for 2021. Just read amended Constitution, Article 106, Clause (6)(b). Poor reading culture has made some people become empty tins.

    • fwanya

      The same ammended constitution Lungu failed to read and ended up abrogating it.Ati ba lawyer my foot,, Now tell us who is an empty tin????

    • michael

      That constitutional was to fool peaple who are unrealistic and claim to be “The Realist/Sj. Wise peaple are not easely fooled around. HH FORWARDDDDDD…….

  32. F.C

    Ifintu Fya Pena Bane, Kuwayawaya Fye.

  33. disgusted citizen

    this is shear madness instead of speaking of the country’s major concerns such as the economy, you are going about telling people of your need for reelection . pathetic leadership! !!!!!!!!!!

  34. foolish president in zambia

    lungu please talk about development ensures not stupidity ensures.com to your senses 2021 is very far ad you wil truly die in prosen.black mountain has been sold

  35. fwanya

    Lungu dont waste our time…. Right now farmers are struggling to fight army worms and there you are callling yourself a president whose interest is standing again in 2021 instead helping poor farmers.Shame on you

  36. suzie E C L

    ECL is not the one whose brought the “army worms” by the way he has released the medicine for army worms, “mulefwaya ese mukumilishya mumayanda”

  37. mike rundora

    plz leader lets learn to give way to new ideas only then our country will thrive

  38. Morgan nkonde

    I am a PF stinger supporter, whether lungu does well or not or constitutions allows him to stand for me I won’t allow him to stand let him pave way for others

  39. randy

    Comment so u want zambia not have power until 2021

  40. William

    African presidential virus has now come to Zambian state house. Mr Lungu concertrate on developmental issues n not Electoral propagandas which u have created in this lovely country.

  41. William

    African presidential virus has now come to Zambian state house. Mr Lungu concertrate on developmental issues n not Electoral propagandas which u have created in this lovely country sir.

  42. kamando

    5 months or so down the line you are wasting time on is elligible for 2021… one thing at a time. Lets talk about development for now.

  43. analyser

    Edward’s stealing will make FTJ’s seem like a walk in the park, and that’s just for just up to now. He’s quickly learning from RB.

  44. moses

    all goverment is choosen by God,if God want Ecl will rule even in 2021 bt if not he wont, berthern let God decide

  45. Shameless

    What nonsense is this God has given man free will to make his choices don’t start assigning God the responsibility of such useless leadership lest you blasphem

  46. Rodwell m

    Who choose soul to king and happened to him after fall to do what God told him to do.

  47. Rodwell musunka

    Who choose soul to king and happened to him after fall to do what God told him to do.

  48. Musunka Rodwell

    When God choose soul to be king what happened to him after falling to do what Jehovah told him to do

  49. elisha

    2021+lungu chagwa edgapr pf=catastrophy anarck and many death of inocent zambians owe!!!

  50. Sibangakwane

    Comment twapenga mu sambia ulanda pali per foward nimanda iyenda

  51. Legendally Northern Kicks

    When Faraoh was resisting to release the children of Israel to Moses God cursed him with various plagues. Be careful with the army worms, first plague for ecl!

  52. Legendally Northern Kicks

    How do you vie for 2021 elections when you havent solved what is troubling Zambians at the moment. What are you thinking Mr. President? Do you have advisors there? Or you just shun there advises? I dont think so, cause they could have advised you to deal with what is troubling Zambians at the moment instead of talking about 2021 elections. Dont tell me that in your party there are no capable members who can stand as presidential candidates in 2021. You can surely stand but if citizens dont vote for you, you will have hindered the other candidate in PF and your the end of your party. Think twice mr. president!

  53. SAMFYA PVT

    People ar suferin lungu shud not contnue.

  54. ZACHARIAH Gelshom mvula

    Don’t be dull ba Zambia the law is universal therefore the Canadian based lawyer is right lungu is not legally qualifying to contest in 2021. What you have smashed is enough let others reign 2.

  55. mandingo sakala

    IWE KA MUNSHYA. STOP THE USELESS ACCUSATIONS.

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