Politics

Chipimo Says Pres. Lungu Not Eligible For 2021

chipimoNational Restoration Party (NAREP) president Elias Chipimo junior says President Lungu is not eligible to contest the 2021 elections.

Featuring on Radio Phoenix Let the People Talk program Chipimo, a lawyer by profession said that the amended constitution only referred to a Vice President taking over midway through a term and never a President who had been directed elected by the people more than once being eligible.

President Lungu has opened a debate over his pronouncement that he qualifies to contest the 2021 general elections.

Chipimo said that President had fixed his eyes on contesting the 2021 elections and had now started fishing for justifications.

The NAREP leader cited article 106 of the amended constitution as providing guidance on the matter.

Chipimo said the article President Lungu was relying on for the three years did not apply to him but only when a Vice President assumes office midway through someone else’s term.

The amended constitution allows the Vice President who is a running mate to automatically takeover if the President dies or under any other provisions of the law fails to continue.

“People are just looking at the three years and are not looking at who it applies to. At the very beginning of Article 106 (6) it says if the Vice President assumes the office of President in accordance with 5 (a) or 5 (b) and that is when this issue around three years or less actually comes into force and effect,” he said.

He said some components of the new constitution were just a restatement of the old constitution like a President twice elected not being eligible for a third opportunity.

“If for example you take Article 213, part of it says there shall be established the Bank of Zambia which shall be called the Central Bank of the Republic. That was in the old constitution, it is also in the amended constitution. You have to ask yourself is this creating a new institution or is it simply restating the presence of an existing institution?” he said in building his case.

“If I am just restating, no one is going to say when parliament opens, that we now need to confirm the Bank of Zambia Governor again or that there is a new governor or central bank. Those rights and responsibilities simply continue.”

“In the old constitution we had something that somebody who had been twice elected as President shall not be eligible for re-election. In the amended constitution under Article 103 sub article (3) it says a person who has twice held office as President is not eligible for election as President meaning that is a restatement just as you would not re-appoint the Central Bank governor or re-establish or reconstitute the Central Bank you will not say that this starts afresh.”

He said having been directly elected by the people President Lungu could not claim another term after his current tenure expires in 2021.

“It is in relation to a Vice President who is elected in various ways, one is when he assumes office when the President is incapacitated or whatever happens. Number two is where the Vice President assumes office in another procedure where the Speaker performs the executive functions or the National Assembly is dissolved and the Presidential election is held and a new person comes in. So it is respect of that circumstance where the three year provision applies,” he said.

“I think when you look at this in totality you have to conclude that there is continuity and a restatement just as you wouldn’t re-appoint any of the officials who hold constitutional offices. You also would not say that this provision continues to run afresh the time that the amendment comes in place but just a clarification. The three years does not relate to a person who is directly related but relates to a Vice President who then assumes office.”

He added: “The bigger picture here is that anybody who wants to leave a solid legacy of success has to go in the office of Presidency believing that is going to be their last term and work as if it is their last term.”

Chipimo said, “The three year argument does not help anyone argue their case that somehow a person who has twice been elected to the office of president can be elected again.”

“They just need to read sub article (6) it actually states if the Vice President assumes the office of President in accordance with 5 (a) which talks about incapacitation or a person is elected to the office of president as a result of an election held in accordance with 5 (b) which is if the Vice President is unfit you go through another procedure,” he said.

“It then says the Vice President taking into account 5 (a) or 5 (b) shall serve the unexpired term of office and be deemed for purposes of clause (3) meaning for purposes of whether you are eligible to run a third term.”

He said President Lungu had been blinded by being focused on contesting the 2021 elections at all costs.

“It is always safe to think through what the implications of the constitution say and then draw your conclusion based on the interpretation not based on the outcome that you want to hear,” he said.

“We can all want to appear showering praise and tell people what they want to hear but I am not in that business which is why I am challenging Zambians to stop relying on politicians for your future.”

He said that the matter can be concluded by the Constitutional Court stressing that there was no doubt in his mind that President Lungu would not be eligible to stand in 2021.

54 Comments

  1. FuManchu

    Chipimo says: “The bigger picture here is that anybody who wants to leave a solid legacy of success has to go in the office of Presidency believing that is going to be their last term and work as if it is their last term.”

    How refreshed I feel by this statement! One should concentrate on serving and making a difference within the period assured than thinking beyond because having tasted power they get blinded by its sweetness!

    • Prof.GS

      Stupid zambians unable to interpret their animal driven constitution.shame!!!

  2. Loadist

    YES CHIPIMO IS RIGHT. LUNGU IS NOT ELIGIBLE. THATS OVER -FINNISH!!!!!

  3. Kabu

    Chipimo is misleading the public. Article 106 sub 6 states that ‘ if the vice president assumes the office …… Or a person is elected to the office of President as a result of an election held…..’

    Chipimo is just selecting clauses that suit his premeditated argument.

  4. JKM

    We missed u Chipimo where have u been,2021 is for u, just take those pillars from PF like CHISHIMBA Kambwili and others so dat you make the part strong,Lungu has disappointed the people of Zambia especially teachers in rural areas, we thought its Dununa Reverse while its Dununa regret,so 2021 if God keep me safe how campaign for you,My advise to you Sir please in anything you want to do first sick the kingdom of God visit some wise men like TB Joshua lm sure you will be wiser enough to win 2021 and Govern this Nation.

  5. Kalyolyo

    Surprisingly, even lawyers have failed to understand the constitution! We have four years and some months before the next election, why talk about eligibility now? This is time to work and convince the people that you are the best at the presidency. Politicians???????

  6. Legendary Northern Kicks

    You see, Zambia has got lawyers who really know how it goes. Come on Mr. Chipimo, enlighten Zambians on this one. Some people think if they occupy that top office no one else knows the rightful procedure. Ecl is indeed blinded by the sweetness of that seat.

  7. chiga

    We are voting lungu out, ifyamungulu fyachila, we wasted our votes.

  8. cm

    I told my fellow PF supporters in the last elections that this man Lungu is the wrong man they didn’t want to believe me.this is the man they all said is humble,I told people this man is a good actor,ah power is so sweet to even make a chancer so confident that he is popular all the sudden.a former Chola boy for the rich suddenly feels so powerful and popular honestly speaking as the situation stands today if Lungu called for elections he can loose to anyone and unfortunately he is surrounded by fools in a typical African style who only want to eat instead advising him to serve the Zambian people well,what a shame

  9. Triple M

    Power is sweet u c this is the reason why Kabila does not want to leave the seat.And this is going to happen Zambia.Look at Gambia.

  10. Chambo Fr

    But why is he even talking about 2021 when his 5 year is not even wrinkled yet……? Its time to beaver like Chipimo puts it & not goin around the land talking about 2021 elections.

  11. Francis

    Chipimo is right,we confused so many things,because we ignore the constitution which actually is a principle guide of the country.Because if we rely on politicians we can’t be stable as country.Somehow every politician has his own agenda like
    in this case of Lungu. What does he real wants to achieve?Looking at how far is 2021comparing to what he is supposed to do for the country now.If we are serious we can start doubting his capacity to run the country’s affairs.What a shame

  12. dununa regret

    chipimo is right lungu wants to misslead the country and if he thinks he can be a dictactor like his friends mugabe &musveni ma sole this is zed we wont tolaret tht. meanwhile ni pamakafye

  13. ck

    We were voting some month’s ago instead of concentrating to work for the people ,the president is busy talking talking about his eligibility in 2021,is this normal it is finished Mr lungu will not work he will just concentrate on is eligibility 2021 ,Bemba proverb say akanani kantu Kali pabwali,this is 2016 sure u can sense something here how can this issue be talked about at this time this is the sign of power angry.

    • chips

      Wiz kid ulichisushi ichamafupa chinunka ngabalupwa bobe.have respect to people around you and change from today.we don’t insult who did not vote fo pf.we respect them and their choices.

  14. Mr 2017

    Even now, truly speaking, lungu rules Zambia in his own desire. God is not happy with his leadership. That is why everything has turned upside down.

  15. Alexandars Chitonge

    chipimo is right lungu want mislead the country he think we are all blind people look here…. 1he is doin nothing 2 he stolen votes3 he dont want to leave the house in 2021 and he has made debt for the country. people u need wake up and blem him instead of growng the economy and other thing but kulalandafye pafyabupuba what kind of leadership is this o lord….. 5years of poverty in Zambia

  16. Leon

    Let him be president till he an able to rule he is the best president we have had so far what do other people think

  17. Owen ngandu

    Ubushilu nabufula mu pf .Tel then big man

  18. Chisenga

    I AM HAPPY THAT I AM IN THE MEDICAL FIELD WHERE FACTS REMAIN FACTS. FOR EXAMPLE, A NORMAL HUMAN BEING HAS TWO EYES AND ONE HEART ON THE LEFT SIDE OF THE THORACIC CAVITY. YOU CANNOT START ARGUING AND HAVING DIFFERENT OPINIONS OVER THESE FACTS. BUT IN LAW, THE TRUTH IS VERY RELATIVE. FOUR DIFFERENT LAWYERS CAN SAY DIFFERENT THINGS ON THE SAME CONSTITUTION. WHAT A SHAME. AT “LEARNED COLLEAGUES”

    • Mandela

      what you said is 100%% true, because if we are to get four different lawyers to explain the constitution each one will explain in a contradictive manner so as to mislead the general public..

  19. Kawaxes

    With all what is going on, the best way is to publish in newspapers all the articles and clauses pertaining the eligibility of the president to stand in 2021. We want to read the articles for ourselves.

  20. Mishili

    Time tells!

  21. St. Sweet Anus

    For a lawyer, Chipimo is disappointing. The article 106 says “vice president or any other person who assumes office in accordance with”, then the less than three years before next election comes in. The truth is that Edgar Lungu is eligible to stand in 2021 on the basis of a flawed constitution.

    • Sandra

      St Sweet…. you are totally wrong. ”or a person is elected to the office of President as a result of an election held in accordance with clause 5(b)”, is what the constitution says. 5(b) talks about if the Vice president is unable, that what the ‘Or any other person’ refers to. Please read properly

    • kawaxes

      St. Sweet Anus, stop misleading yourself and others who are ignorant. When it says “the vice president and others ” Others meaning when the vice president is not fit to stand other people can stand .This does not apply to Edgar. He is not eligible to stand. Chipimo is right. Am pf but Chipimo is right.

    • Guy Fawkes

      That part of the constitution my brother is talking about another person except him like a cabinet minister. The part you are relying clearly stipulates what happens if the running mate is incapable of taking office. Read 105(b) and 106 for clarity.

    • Owen ngandu

      St sweet anus,i dont think u understand what Mr E.Chipimo said ,you are bita unus not sweet

  22. dennis kafulo

    Its too early to engage Zambians in this debate ,even before a quarter of the ruling party term of office is achieved . more so for lawyers to contribute to the circus when they are the ones who take advantage of the lacunas in the constitution to suit their technical enterpretation . the constitution should be easy and clear to define so as not to exploit the ordinary Zambians .

    • fyakuifwala

      Nababangila sana icakumwenako mwenso bakwete nowander wanted to pin honor kambili from the part fyakuifwaila twasuka twaishiba tepapa.

  23. kplus

    Sure

  24. bs

    y talking about 2021 instead of attending 2 national problems,

  25. k-plus

    Sure

  26. wiz kid

    iye ba lungu moneni efyo mwaonaula zed!bushe ni mwebo ba president?

  27. wiz kid

    president 4 bembas and nyanga’s:bemba mwalalya abana benu,nyanga muzadya bana bana banu- u ar de one who bring confusion in country’ mwe mbwa imwe nga bala flasher abantu nga twali mu flasher imwe ma galu!

  28. TJ

    I comment on this issue although, I am not a lawyer but a retiree. President ECL ascended to power under the old constitution on a “Journey or Ulendo that was not his but for the late President Sata and MHSRIP”. Therefore all queries on this subject should be based under the old constitution and President ECL is currently serving his first term under the new constitution ” this is pure Lungus own journey or Ulendo”. President ECL qualifies to stand for presidency in 2021 and we shall vote for him despite all odds

  29. Senior Observers

    Mr.Chipimo iam disapported with your comment becos you are a leader of a politicle parter which can easily take over after you work hard, Stop careless comment can cause u again not to stand in 2021

  30. Tito

    People if you can remember very well I warned you of your holly man who goes humbly like a snake in the bush but whose intention is to bite let me tell you .your so called lungu shall never be a God chosen leader but a death chosen leader who chose lungu God or death of sata let’s mind our involvement of our almighty mufyabupuba try the power of God keep lungu beyond 2021 and face the wrath of God and this is what you are going to face largely ANGER ,FAMINE ,JOBLESSNESS, ARM WORMS ,DROUGHTS AND ALL SORTS OF UNWANTED TO HUMAN SURVIVOR

  31. real muntu

    pliz to who so ever is in charge of print media 2gether with law makers.can u pliz print this thing so called constitution, for everyone to understand and it shud b in all local languages.it will help us a lot.thank u

  32. Chomie

    Ba Chisenga, doctors bury their mistakes so benifye ziii because we don’t know how many mistakes you have buried.
    Ba Chipimo na imwe, bola panshi. Ichisungu icho ka! Kutekanya pakubelenga. Mulekeni Lungu ateke, nangu mulande shani, tafumepo!!

  33. six wire

    People havnt gotten farming inputs in isoka&the mp has never visited the area from the time he voted inn,twatonta Na pf mwee

  34. Accountant @

    I used to tell some motherfuckers way back in 2016 that this assh*le you are putting in power is the motherfucking dictator, so where are my words?
    Am easterner but I hate the way this motherfucker is ruling our country!!!!!!!

  35. Mkb

    “I have got no vision” kikikiki

  36. BWALYA DAVIES

    Comment: President Lungu is miss leading the nation over this issue because at that time he was not the vice president, it was Dr. Guy Scort who was the vice president. President Lungu was the secretary general if Im not misstaken. But how did he quualify to stand in 2021? be realistic people, President Lungu does not qualify to stand in 2021 full stop.

  37. Casmo

    pf for nothin

  38. Antu omwe

    In 2015 we were using the old constitution and the new constitution came into effect in 2016. So that’s were our new constitution was suppose to have some clauses to link it to the old one .

  39. Wise

    Umuntu ni Lunpu Fye until 2027

  40. kamalibwe

    please Zambians its just politics dont insult the constitution will lead us.

  41. Samson LUKWIZIZI

    U will remain junior,how do u judge your freind,ar u a prophet,,,,mind your work within your Party,,,,

  42. Mathilda cute

    Chipimo is right how can he contest in2021 and so suddenly a new constitution as come mmmmm no we don’t want monarch period just pack yo clothes and go we have suffered enough pipo do u want another suffering like this???just one year and six months ruling we have suffered like this what more 2027 mmmmmmm please pipo think twice no vote for u ecl.

  43. zone

    mwafilwa presido

  44. MR animal

    Thats y the moses constitution is the best ten basic laws that show guidance.truely its a work of God.not zambian honestly sure pipo who put that thing together couldn’t tell that it had flaws o misunderstandings.laws must be made simple for very one and what i think this two terms should applly to mps those bastards have done more harm than the presidents…lungu be like madiba

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