Leave President Lungu 2021 eligibility to the ConCourt

ALLOW me some space to comment on the two letters that appeared in your paper written by Justin Mupundu, media consultant/political analyst [Daily Nation, November 16,] and another written by Mukuka Chilufya of Chambeshi Mine Township (Daily Nation, November 17,).

Justine writes as to why president Lungu is eligible to contest 2021 polls.

He writes to say article 106(3) of our Zambian constitution (amended) captures a scenario in which the incumbent president was first elected in the 2016 polls and not the 2015 polls.

Now, when Justin writes to say article 106(3) only recognizes the 2016 polls and not the 2015 polls, should then we conclude that Rupiah Banda and the late Sata have never been presidents?

I ask because to say it only recognizes events that came after President Lungu signed the amended Zambian constitution that will mean everything that was there before he signed, have been rubbed off including the previous presidents' terms.

If you check the current amended constitution, article 106(3) there is nowhere you will find that "from 2016, any person who has held office twice as president will not be eligible for elections".

There is no mention of which special year to start the counting from. Justine writes to say the law in question in this case article 106(3) does not recognize 2015 election victory but only applies to 2016 election victory.

Well, check this out, victory in elections means elected. Elected means to be sworn in. To be sworn in means now holding office of president. Article 106(4) says, the office of president becomes vacant if the sitting president dies or resigns.

When late Sata died a vacancy was created and when President Lungu was sworn in, it meant he had started holding the office of president in his own capacity and not in late Sata's capacity and this why on 5th January, 2016, he signed the amended constitution as the one holding the office as president.

There is nowhere in the old or the new amended Constitution where it states "he/ she was only finishing someone's term".

When one is sworn in, its in their capacity and not someone else's capacity (article 106 (2) amended constitution).

Mr Mupundu being a media consultant and a political analyst, I expected him to bring out facts that can hold water to justify his writing as to why President Lungu is eligible to contest the 2021 poll.

Coming to the other letter by Mr Mukuka Chilufya, he writes that President Lungu can only serve up to 2026 and not 2031 because of the demise of late Sata.

From the word go to the end of his letter, there is nowhere he has mentioned or quoted anything written in the Zambian constitution (amended) or its stance on terms and eligibility.

Mr Chilufya writes to say when we hit 2021, President Lungu will have served six years only, now, the term for president in Zambia is 5 years and he is saying that by 2021 Mr Lungu would have served six years only, were has the one come from if he was never sworn in for his first term?

Back to Mr Mpundu who writes that the third term debate was and has been orchestrated by critics.

Now my question to our media consultant and political analyst is how many times has President Lungu been sworn in as President of Zambia and how many times has he held office of president (article 106(2) of our amended constitution)?

And to Mr Chilufya, I see you to be less learned than those you are calling “haters”. Well, just a thought .... I rest my thoughts. TROY MUKUPA, Matero