Opinion

Opinion: Tutwa Ngulube Offside – Chipenzi

I read a reaction story from my dear Cde Tutwa Ngulube, Legal Practitioner and Member of Parliament for Kabwe Central on the ruling party, where he is quoted rightly or wrongly in the Daily Nation story dated February 8, 2018 headlined, “Tutwa ticks off Chipenzi” in which he seemingly suggested that only lawyers can or should argue on or raise Constitutional issues because they understand the law than non-lawyers.

Cde Tutwa, allegedly made his reaction to my statement on the removal of presidential and other immunities contained in the Constitution and other national laws so as to promote transparency and accountability in the management and administration of public, private and religious affairs.
According to the story, Cde Tutwa is alleged to have described my sentiments on this subject as misplaced, baseless et al because I did not understand the history of the immunities since I was not a lawyer.

Surprisingly, Tutwa based his argument or dismissal of my sentiments on my being “not-lawyer” and not on my experience on constitutional matters which he may not be privy to.

I took his reaction as just politics and not legal or constitutional because he did not provide any quote from the Constitution to prove me wrong or why non-lawyers shouldn’t raise constitutional matters in their discussion, debates and statements on national matters.

Being a trained lawyer himself and serving under the current regime and president who even misled the ministers to stay on in office after the dissolution of parliament despite us non-lawyers raising the illegality of their stay, Cde Tutwa, seemingly raised no objection to this unconstitutional act perpetuated by the President who is unaccountable to no one because of the existence of the immunity Clause.

May be as a reminder to Cde Tutwa that the Constitution gives me a right and a duty under Article 2 to “defend, resist or prevent a person from illegally abrogating this Constitution” which some lawyers, said to understand the law, have allowed to be breached but I have exercised this responsibility with great love and diligence.

Further, under Article 43 (2) of this same Constitution, which some lawyers have misinterpreted before, does mandate me to endevaour, as a citizen [not a lawyer], “to acquire basic understanding of this Constitution and promote its ideals and objectives.”

In doing so and coupled with some basic trainings done in “Constitution Building for Democracy” obtained both in and outside Zambia, i have a loci standi to raise such issues as i have not only training but interest in and understanding of, not only constitution making processes, but the content and interpretation of the Constitution itself too.

So I don’t need to be a lawyer to understand the Constitution but I just need to be a citizen as per Constitution provision in Article 43 quoted above. Therefore, I have the pleasure to inform Cde Tutwa that I have the necessary understanding of the Constitution, not only of this country but others too.
Even defending a case in Court, I don’t necessary need to be a lawyer to stand and defend myself in Court as this has been ably demonstrated by senior citizen, Brig General Godfrey Miyanda and many others. All i need is understanding the law including the Constitution.

May be the only position I would need to be a lawyer in order to function properly is to be a Judge, Attorney General, Solicitor General, and/or Director of Public Prosecution et al not in understanding the Constitution.
If a senior lawyer of many years of practice can misinterpret the Constitution as is the case on the issue of Ministers’ illegal stay in office and yet non-lawyers did interpret the Constitution correctly, where does Cde Tutwa’s argument stand on the Law of Probability of Correctness in as far as being not a lawyer or being one entails on Constitution understanding?

In this regard, my challenge to Cde Tutwa is to highlight an Article or Clause that debars non-lawyers from raising constitutional issues in Zambian laws, otherwise, i find his reaction, if correctly quoted, constitutionally offside.

Immunity Must Go! Aluta Continua

I submit!

Written by McDonald Chipenzi

Political Commentator & Electoral Expert

24 Comments

  1. Real man

    Well spoken mr Chipenzi

    Reply
  2. Pamutunda

    Fool chipenzi

    Reply
  3. Umuntu pa ndola

    shutup upnd bootlicker, at electoral expert ifyabupuba uli expert mukunyenga

    Reply
  4. FGM

    As expected cadreism and political inclination has already taken centre stage in this debate. Why should we bury our heads in the sand simply because we belong to this or that political camp. Zambia shall always be poor due to this mentality.

    Reply
  5. mboro

    can you tell a doctor about medicine. can you argue with a teacher about teaching. can you argue with a pastor about theology.can you teach a lawyer about law.foolish chimpanzee or chipenzi who are you to educate us on things you don’t know.

    Reply
  6. kambwili

    Tell them Chipenzi. Tutwa is like a headless chicken. I respected him so much. Now is worse than a boy who has never stepped a foot in class. He’s a learned fool. It’s a pity Zambians are still misled by people like Tutwa.

    Reply
  7. Dominic

    This is the same Chipenzi who decampained the Bill of rights in the 2016 Elections but is now shamelessly urging GRZ to hold a referendum to yet spend money which can otherwise be used on other national needs.

    Reply
  8. Mayaba

    It is heart breaking to have a law that protects thief. This is one reason why most African presidents they steal and become rich in few years of taking up the office. A leader should be accountable, not having a law that inpowers someone to steal. What a shame!

    Reply
  9. Kunta Kinte

    Only fools will insult on this platform instead of contributing objectively

    Reply
  10. chansa chiluba

    Not everyone called a lawyer is a lawyer. Chipenzi well spoken boss.

    Reply
  11. chansa chiluba

    Chipenzi knows law more than you MBORO in case you did not know

    Reply
  12. Benson Kampukwe

    That’s how the yes bwanas behave they don’t stand for reality forget about tutwa he’s just a passenger in Parliament

    Reply
  13. Mwine Mushi

    Upnd chimpanzee is a cadre and upnd are a bunch of losers who have preocupied themselves with hatred for ECL.They cant see the real thing look at the way hh talked about nrdc then on the 8 of Feb 18, upnd writes to MAL asking for clarity on the sale of nrdc. Shame if you do not open your eyes you will lose again in 2021. Real factual issues will help you not lies blinded by hate.Chipenzi you are NOT an electoral expert period you are a fake.

    Reply
  14. Xando

    The problem with Zambians u look at who has said it instead of what has been said. I shud say my gratitude is warmly excited by this so well put message

    Reply
  15. Xando

    The problem with Zambians we look at who said it instead of what has been said it. I shud say my gratitude is warmly excited by this so well put message. Well said Mr Chipenzi. Am sure,if the President were to say every one shud walk naked on sunday, some wud comply & wud b like,”our able president shud be applauded for the job he is doing”

    Reply
  16. Grant

    There is less morality in Law and its followers. Law is shallower than morality.

    Reply
  17. Ephraim

    Go away Upnd cadre

    Reply
  18. Sikaonga

    Now matter how u tolk they are in office

    Reply
  19. Joseph pac

    The immunity of the president must be removed, in order to be accountable to anything now.

    Reply
  20. muti

    “Useful idiot “

    Reply
  21. ba shareit

    sometimes let’s take national matters seriously

    Reply

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