Hi comrades, today RB successfully lodged in his nomination papers despite the cloud over his head regarding the parentage clause in the Constitution. ➠➠
Is this the end of the impasse or only just the beginning of events that may lead us into another costly presidential by-election➠➠
Before I give you my personal views on the matter, let it be known that I am not a lawyer by profession and merely interpreting the current position as an ordinary Zambian citizen. ➠➠
The question is: does RB qualify to stand and be elected president of Zambia based on the current provisions of The 1996 constitution ➠➠
Article 34(3)(b) in my mind is quite categorical in that it states "A person shall be qualified to be a candidate for election as President if both his parents are Zambians by birth or descent"➠➠
As can be seen, the provision is not talking about the persons' parents Zambian citizenship perse but their origins.➠This clause basically ties the qualification for president to the actual place of birth or originality attaching to his parent's citizenship, which is decent.➠
This obviouisly is an undesirable provision but this does not remove its constitutional significance. The Constitution is the highest law in the Land and sets the standards which must be complied with. ➠➠
If in doubt, this is the reason why KK did not qualify to stand for elections in 1996 despite him and his parents being Zambian and despite the fact that they were in Zambia at the time of independence, which by virtue of the 1964 Constitution deemed them to be Zambians. ➠➠
It follows therefore that if indeed any one of RB's parents were indeed born outside Zambia, he does not meet the requirement to be president of Zambia. Who then has the responsibility of ensuring compliance at the nomination stage?➠➠
I think the responsibility at the nomination stage is for the presidential aspirant to prove that they meet constitutional requirements. He must swear to the facts.➠ ➠
And if required to, he must satisfy the Chief Justice that he meets the requirements of the Constitution. This would require the aspirant to produce evidence to meet the requirements of the parentage clause. ➠➠
In all honesty, this should not be very difficult especially in areas whiere missionary churches and hospitals existed or chiefs records where maintained in the colonial times for purposes of poll tax. ➠➠
So what if the aspirant lies when making his sworn declaration and the CJ does not demand proof, what next? ➠➠
Well, making a false declaration under the Elections Act and the Oaths Act has consequences which will come to play at a later stage after the elections. That is if a petition is lodged and proof to the contrary is produced. ➠➠
At this stage the returning officer can reject, delay or accept the nomination with its attendant consequences to the elections.➠➠
So, does RB's successful nomination put the matter to rest? ➠I think not. Whether the constitution is good or bad, it needs to be respected. ➠➠
All the Chief Justice needs to do at the nomination stage is satisfy himself reasonably, and not absolutely, that the requirements of the Constitution have been met, and accept the application as officailly being duly lodged. ➠➠
Where there is still dissatisfaction as to the action of the CJ as is the case now, this becomes an electoral dispute to be settled under an election petition after the elections. ➠➠
At that stage detailed evidence can then be provided to prove or disapprove the facts of RB's parentage. ➠➠
For our learned Mr. Kabimba, please note that the court of jurisdiction for any matter which may arise as to whether ➠➠"any provision of this Constitiion or any law relating to election of a President has been complied with...." is the full bench of the Supreme Court under Article 41 of the Constitution.➠➠
Essentially, if the election petition is successful, the election may be annulled and Zambia could be headed for another costly presidential by-election in a space of 3 years. ➠➠
The solution comrades is a new people driven constitution without such bad clauses, including the Christian nation declaration I might add. Peace and one love, Gongs!
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Sata takes oath of officeby lsktoday2,928 views
"Solution-less problem" was the phrase used by one of the supreme court judges ruling over KK's petition over his barring from the 1996 presidential elections .That ruling was in KK's favour case 3-2.Zambia only came into legal existence in 1964.Before that there was a territory known as Northern Rhodesia.Most of Zambians aged 30 and older had there parents born in Rhodesia and not Zambia.Thus this clause in the constitution bars many Zambians from standing as presidential candidates.
johnchansa 4 months ago