Politics

Calls To Impeach Pres. Lungu Useless – Antonio Mwanza

Opposition FDD spokesperson Antonio Mwanza says calls to impeach President Edgar Lungu are useless and should not be entertained.

Mwanza has urged those calling for the impeachment of President Lungu to stop wasting their time.

BELOW IS ANTONIO MWANZA’S STATEMENT

CALLS TO IMPEACH PRESIDENT EDGAR LUNGU ARE FRIVOLOUS

Calls by certain individuals to impeach President Edgar Lungu over his utterances on the judiciary are frivolous and unmeritorious as they fall short of the Constitutional ingredients for the impeachment of a Republican President.

Article 108 of the Constitution of Zambia prescribes the grounds under which the President of Zambia can be impeached.

According to the Constitution, there are ONLY THREE grounds underwhich a Head of State can be impeached. A President can only be impeached on the following grounds:
1. If he has violated the provisions of the Republican Constitution or other law
2. If he has committed a crime under international law and
3. If he has committed gross misconduct.

The Constitution further demands that the motion to impeach the President MUST SPECIFY the PARTICULAR allegations that the President is said to have committed.

As can clearly be deduced from the exegesis above, the utterances of President Edgar Lungu on the judiciary as much as they may be in bad taste cannot warrant his impeachment because they do not violate the three prescribed grounds for impeachment as stipulated by the Constitution of Zambia. In fact the callers of the impeachment have failed to give SPECIFIC allegations in accordance with the Constitution other than saying that the President must be impeached for his “attacks” on the judiciary.

Thus, while we do not agree with the President’s sentiments on the judiciary we find the calls for his impeachment frivolous and vexatious. While the calls for his impeachment may have some merit, politically, they are totally unmeritorious at law.

(1) A Member of Parliament, supported by at least one third of the Members of Parliament, may move a motion for the impeachment of the President alleging that the President has committed—
(a) a violation of a provision of this Constitution or other law;
(b) a crime under international law; or
(c) gross misconduct.

(2) The motion, moved in accordance with clause (1), shall specify the particulars of the allegation.

(3) Where a motion, moved in accordance with clause (1), is supported, in the National Assembly, by a resolution of two-thirds of the Members of Parliament—
(a) the Speaker shall, within forty-eight hours of the adoption of the resolution, inform the Chief Justice of the resolution; and
(b) the Chief Justice shall immediately inform the President of the resolution, whereupon the President shall cease to perform the executive functions and the Vice President shall perform the executive functions, except the power to—
(i) make an appointment; or
(ii) dissolve the National Assembly.

(4) The Chief Justice shall, within seven days of being informed of the resolution of the National Assembly, appoint a tribunal, in consultation with the Judicial Service Commission, which shall consist of a chairperson and not less than two other members from among persons who hold, have held or qualify to hold, the office of judge.

(5) The tribunal appointed under clause (4) shall, within thirty days of its appointment
(a) investigate the matter relating to the impeachment of the President; and
(b) report to the Chief Justice as to whether or not the particulars of the allegations specified in the motion have been substantiated.

(6) The President has the right to appear and be represented before the tribunal during its investigation.

(7) The Chief Justice shall, on receipt of the report referred to in clause (5) (b), immediately submit the report to the National Assembly.

(8) Where the tribunal reports that the particulars of an allegation against the President—
(a) is not substantiated, the National Assembly shall, on a motion supported by the votes of not less than two-thirds of the Members of Parliament, taken by secret ballot, resolve that—
(i) the President did not commit the violations specified in the motion; and
(ii) further proceedings shall not be taken with respect to the allegation; or

(b) is substantiated, the National Assembly shall, on a motion supported by the votes of not less than two-thirds of the Members of Parliament, taken by secret ballot, resolve that the President has committed the violations specified in the motion and that the President should cease to hold office forthwith.

(9) The President shall, on the passing of a resolution in accordance with—

(a) clause (7)(a), resume to perform the executive functions; or
(b) clause (7) (b), cease to hold office and be amenable to prosecution without the need to lift the immunity under Article 98.

(10) Where a motion is moved in accordance with clause (1), the President shall not dissolve Parliament.

(11) This Article applies to the Vice-President.

Issued by Antonio Mwanza, FDD Deputy National Secretary and Party Spokesperson.

20 Comments

  1. Sj

    So far grounds for impeaching head of staste seem to be weak and can’t hold enough water as given by the above article, because it lacks SPECIFIC GROUND, but we seem to have some disgruntled people who seem to be tired of peace and want to throw the country into a state of confusion/disarray by all costs.
    Is the ballot not got enough power to pick one deemed fit to head the nation?
    MEANING are those in power got an upper hand to dribble the course of leadership/justice already?
    Nothing against anyone but one can sense this willingness to want to put/plunge self as righteous before we go to the poles. Please peace is better than sacrifice.
    If there is a portion of the constitution that can be put right before Parly, why can’t this be tabled without using sly and underhand methods? Comment

    Reply
    • Break News

      Breaking news: Mugabe is under army siege at his blue roof residence for the past two days,the army are not allowing him or any person to leave or enter his residence,its believed the army is demanding Mugabe to step down,heavily army can be seen around his residence and a road that leads to his house is completely shut down.more news to follow

      Reply
    • hanene

      Why is it that issues that have to do with Mr lungu always have to border with the security of the nation. Are you insinuating that Mr lungu can put the country on fire or it is the people themselves ? I think you have to be very careful with the comments you make or else the same comments might be taken that you are promoting for anarch in the country.

      Reply
  2. lucky tronick

    pipo never thnk u wen u’re alive unles if u die

    Reply
  3. Mphatso

    They are the agents of the devil sent to cause anarch in the country.

    Reply
  4. Chris B

    Zambia today lacks constructive and credible opposition MPs in Parliament. nikuwayawaya chabe, the current crop of opposition MPs does not read to understand and well interpret our law and indeed the Constitution of our country.
    Mr Mwanza is on point, what I see in opposition MPs particulary those calling for this baseless yet foolish impeachment issue is total madness. Their rantings are just like those of an insane person who asks to be given a basket to go and draw water with it. A chase after the wind it is really.
    There behavior leaves a lot of questions as to why, how, what and who sent them to parliament.
    instead of discussing development and work to engage government on development issues but they choose to work to impress a self individual by following undue orders from him.
    unless one is mad he will not support those unwarranted calls.

    Reply
  5. efridah

    Comment mr mwanza just like let him impeached!

    Reply
  6. Harpy Eagle

    Lungu is not a democracy lover he is simply a dictator.Those sentiments he posed on the judiciary lack a tone of separation of powers.Only fools can even support him

    Reply
  7. Jollyd

    But why are they tolerating the nonsense behaviour of HH.he has never stopped compagning.

    Reply
  8. victor k

    Please Antonio take the document to these MPS and try to explain,otherwise blind followers of theirs will be making noise.We are now of tired of these people.

    Reply
  9. benjamin munsanje

    push him out

    Reply
  10. vian

    the only problem with our current opposition is that their appetite for power can not let them wait for 2021

    Reply
    • Kilaye Larry

      This call for Impeachment of ECl does not have enough ground on which to impeach him. But he has on a number of occasions found wanting on matters of constitutional breach. Some of which are treasonous but no action can ever be taken against him since he is the appointing authority to most of the senior judicial positions. So my brothers this can not happen as PF cadre Antonio Mwanza has said. But his time to vacate state house is coming.

      Reply
  11. Kilaye Larry

    This call for Impeachment of ECl does not have enough ground on which to impeach him. But he has on a number of occasions found wanting on matters of constitutional breach. Some of which are treasonous but no action can ever be taken against him since he is the appointing authority to most of the senior judicial positions. So my brothers this can not happen as PF cadre Antonio Mwanza has said. But his time to vacate state house is coming.

    Reply
  12. Solomon Pleito

    Bafikala ba politicians besu you’re useless go and impeach hh who has been attacking the judiciary for 2years

    Reply
  13. hanene

    Mr Mwanza may I thank you for your article concerning the intended impeachment of mr lungu for shading light as to the grounds a President can be impeached. At times the president brings forth unnecessary debates. What is Currently prevailing couldn’t have been there if some of these speeches were properly edited. If our president have good advisors, let them do their work properly and he should be willing to take the advice. There is no need of creating unnecessary debates. Mr Mwanza , is our president eligible to stand as a candidate in 2021 as at law of our land ? I hear of the likes of Dr Chitalu Chilufya say Pf has picked on Mr Lungu as it’s candidate. Does the constitution provide any room for such ?

    Reply
  14. HB jakes

    Political parties you just like taking But when it’s your turn you will fair don’t always run to look faults but check yourself first.Other parties you don’t qualify to rule you don’t sult to rule and you are in a for front to make trouble.

    Reply
  15. Hb

    Problem with parties of now days they think there know but they don’t that’s where problem is

    Reply
  16. mwami newton kunda

    No one is perfect in this world of sorrows and don’t judge anyone. More especially to our readers of the nations because they have power and right to changeto the written constitutions and unwritten constitutions bring back the dictatorship. For example Dr.Congo there still remains in dictatorship there, right now there is civil war between readers the ruling party and opposition party. so about my republican president of Zambia his excellence Mr.Edger Chagwa Lungu and just play

    Reply

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