GOVT CLARIFIES PRESIDENT HAKAINDE HICHILEMA’S REMARKS REGARDING LACUNAS IN THE CONSTITUTION

PS KAWANA CLARIFIES PRESIDENT HAKAINDE HICHILEMA’S REMARKS REGARDING LACUNAS IN THE CONSTITUTION

Today, Information and Media Permanent Secretary Mr. Thabo Kawana held a press briefing to address former president Edgar Lungu’s calculated attempt to mislead the public on the President’s remarks made yesterday regarding the constitutional lacunas.

Below are the highlights;

✅ President Hakainde Hichilema has observed lacunas in the Republican Constitution which could potentially cause problems for the nation.

✅ He noted that certain provisions of the constitution are problematic and need to be amended in a way that is both economical and effective.

✅ According to Mr. Kawana, President  Hichilema had to make such a pronouncement in Parliament because it is the body that has the authority to make and change laws.

✅ The constitution of Zambia number 2 of 2016 Article 52 clause 6 says where a candidate dies or resigns or is disqualified in accordance with Article 70 or 100 or 153 or the court disqualifies a candidate for corruption or malpractice after the close of nominations, and before the election date, the Electoral Commission of Zambia shall cancel the election and require the filing of fresh nominations and elections shall be held within 30 days of the filing of fresh nominations.

✅  He noted that some clauses in the constitution create problems at different levels affecting different things such as elections.

✅ PS Kawana cited a number of elections that were previously affected by these constitutional lacunas such as the 2022 Kabwata by-election which was originally set for January 2022 but was rescheduled to take place four months later due to the UPP candidate’s withdrawal.

✅ Electoral Commission of Zambia (ECZ) postponed ward-level elections in Mpulungu and Mandevu Constituency of Lusaka during the 2021 general elections due to the withdrawal of some candidates from those elections.

✅ In this regard, Mr. Kawana posed this question, “What will prevent the lacunas in the Constitution from causing a general election, if they can cause the by-elections mentioned above?”

✅ The Permanent Secretary said President Hichilema is not a bad President, that is why he wants certain provisions in the Constitution to be amended.

✅ President Hichilema made no indication whatsoever that he intends to extend his term of office or amend the Constitution to enable him to serve a term of seven years instead of five.

✅ President Hichilema has never claimed to be a lawyer.  One wonders why the former president who claims to be an excellent lawyer signed the Constitution with such lacunas. This refutes the allegations made by former President Edgar Lungu that President Hakainde Hichilema lacks legal knowledge.

✅ The Permanent Secretary has appealed to the opposition political parties to confront government with facts rather than gazing in the mirror and seeing a reflection of their own desires and self-interest when they wish to criticise the Hichilema administration.

CREDIT:Ministry Of Information and Media

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