THE LACUNA IS IN HICHILEMA’S HEAD
Mr Hakainde Hichilema has been denying that he wants to amend the Constitution to abolish the 50% plus 1 requirement for electoral victory, the running-mate clause, and remove the five-year presidential term limit and introduce a seven-year one.
Now, Mr Hichilema wants to amend the Constitution because there’s some lacunae that could lead the country to not having elections for eight or nine years. This is nonsense. There’s no lacuna about when the elections should be held in this country. Probably, the lacuna on this, only exists in his head.
Mr Hichilema seems to be using a word whose legal meaning he doesn’t understand.
A ‘Lacuna’ in law is the term given to any situation where there’s no applicable law in place. This situation is also less commonly described as a ‘non liquet’. The Latin meaning of this being ‘it is not clear’.
It is a matter where currently no law exists. A ‘lacuna’ highlights an area that requires more clarity and should be governed by the law in the future.
And there’s clearly no lacuna in the Constitution as to when elections should be held.
It is clearly spelt out in Article 56 of the Constitution when elections should be held. There’s no lacuna in this. In his head, Mr Hichilema sees a lacuna in this, and wants to change this from every five years to every seven years. The only lacuna here, is in his desire to increase the presidential term of office from five to seven years, and not in the Constitution.
In Articles 47(1) and 101, the need for 50% plus 1 is clearly spelt. In his head, Mr Hichilema thinks he can win with less than 50% instead of 50% plus 1. This is the lacuna in his head and not in the Constitution.
Then also, Mr Hichilema seems to have problems with having a vice-president who is directly elected by the people as a
running-mate of the presidential candidate. He seems to desire a vice-president appointed by the president and who can easily be removed by him at any time, and without reason. Again, there’s no lacuna here. The lacuna is simply in his head.
But he is cheating himself with all these “blatant power grab” manoeuvres, which have the potential to weaken our democracy and provoke political instability due to public anger.
Mr Hichilema should know that the Zambian people won’t allow him to temper with the Constitution, and attempt to sneak in a third term of office by the back door. He won’t succeed. He is cheating himself. He is playing with fire.
We dare Mr Hichilema to try and defer the 2026 elections for eight or nine years and see what will happen! Batila mwikala patalala mwine apatalalika.
Mr Hichilema is pushing his luck too far. Kalulu tapusuka mipya ibili. Dishonesty is like a ring of fire that eventually will spread and ensnare you.
Mr Hichilema has deceived Zambians enough. They now know who he is and ubucenjeshi tabulwila libili. You can only use deceit to get out of a situation once. Once people discover your dishonesty, you will not be able to fool them again.
Let him just deliver on the many things he had promised and continue to promise Zambians. Cenga-bupele walaile imfumu umusengele wa cela. In his effort to win Zambians’ votes and support, he promised so many things he could not deliver and caused himself trouble. But trying to prolong his stay in the office by eight or nine years won’t do. 2026 kuya. Nako haicaile icaile! When time is over, it’s over!
Fred M’membe
President of the Socialist Party
THE LACUNA IS IN HICHILEMA’S HEAD
