The Zambian Constitution does not allow Cabinet to operate without the President

By IAfrica
In Zambia
Aug 19th, 2014
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File:President Sata addresses a Cabinet meeting 2013

File:President Sata addresses a Cabinet meeting 2013

ICHALO BANTU

(The name is translated according to the origin of the Citizen in accordance with the 72 Zambian languages: Icuña Anchu(LUNDA), Ichisi Mbantu (TONGA) Naha Ki Batu (LOZI), Dziko Ni Bantu (NGONI), Insi Awantu (NAMWANGA)
Golden Jubilee: dictionary meaning ‘a time for celebration’, biblical meaning ‘a time for healing, liberation from sorrow, release from bondage.

PRESS STATEMENT

Cabinet ministers guilty of illegally running affairs of ministries

Constitution does not allow Cabinet to operate without Executive control: Cabinet is the President

It is clear to the citizens of the country that the President is:-

  1. Not in good health
  2. He is unable to discharge his Presidential duties effectively
  3. That cabinet, both individual and collectively, have continued to run Government ministries and perform Government functions without control, supervision and direction FROM THE PRESIDENT.

The Ministers are therefore in BREACH of the ZAMBIAN CONSTITUTION; it is illegal for Cabinet- Cabinet Ministers and Vice President- to be running the affairs of the country outside the effective control of the President. Cabinet is the President, without the President there is no Cabinet; he is the only official elected and authorized by the People of Zambia to preside over the affairs of Government. He selects Cabinet Ministers to assist him execute these functions. If he is unable to discharge Presidential functions, the Ministers cannot continue performing Ministerial and Government functions; the constitution COMPELS cabinet to constitute a medical board.

The constitution does not give them an option; immediately it is clear the President is failing, Cabinet must take such action as to protect the nation and secure their continued legitimacy to perform state functions.

Failure to take this action expeditiously and in a timely manner is an illegality and is a betrayal of the peoples’ trust; it is a crime against the country and a serious breach of the country’s constitution. When citizens commit crimes against their own country it is TREASON; taking actions or failure to act in a manner that seriously COMPROMISES the country; showing DISLOYALTY to the country. And currently, our Cabinet is individually and severally guilty of treason; as they continue to exercise matters of state, unsupervised.

Constituting a Medical Board

The most ideal situation is for the President to resign; it avoids the scrutiny of a medical board. If the President is unable to or is resistant to the idea, Cabinet, on behalf of the people must follow constitutional procedure and constitute a board; in exercising this option, the President is not a party to this decision and cannot be consulted. The fact that a CONSTITUTIONAL BREACH has been allowed to OBTAIN, means that the President is unable to take this action, and Cabinet has to override the interests of the President for the country and the citizens.
The medical board has to diagnose the health of the President in relation to the pressures of managing state affairs. This is why the responsibility bestowed on the board, borders on treason should there be there be any unprofessional conduct.

Health of the President

The health of the President is a matter of public interest because of the constitutional provisions. And it is not for the public to try and find out the health of the President, it is the administration that has to prove that the President is healthy enough to execute Presidential functions effectively.

As situation stands, there is no evidence to suggest that the President is able to perform these functions effectively.

Acting President

Cabinet must therefore stop performing government functions until such a time it is ascertained that the President is healthy enough to resume state functions or an alternative official is authorized by the constitution to Preside over state affairs; this will avoid Cabinet being individually and collectively being liable for prosecution.
Going forward, Cabinet Ministers must:-

  1. Must stop going to Cabinet offices
  2. Must stop using government facilities
  3. Salaries and other emoluments must cease

To emphasize the danger of constitutional offices going unsupervised for days and weeks on end is that following are some of the SENSITIVE OFFICES become COMPROMISED:-

  1. Director General Intelligence
  2. Army Commander
  3. Air Force Commander
  4. ZNS Commander
  5. Inspector General of Police
  6. ACC Director General
  7. DEC Director General

Interpretation of and protection of the constitution

We can only defend the constitution if we understand it and can interpret it. Therefore, no matter what constitution we write, if we cannot interpret it and defend it then it is not worth the paper it is written on.

The Law regarding absense from duty on medical grounds

The law simply states that if a person is absent from duty on medical grounds for a period exceeding THREE (3) MONTHS than the person can automatically be discharged on medical grounds. The Presidents condition has been kept a secret for more than three (3) months a situation that is in conflict with the constitution. The responsibilities of the office are such that LACK OF ACTIVITY IN THE OFFICE FOR LONG PERIODS OF TIME HAS NEGAITIVE RAMIFICATIONS FOR THE COUNTRY. Action must be taken in a timely manner

Long arm of the Law and the Golden Jubilee

This year is the Golden Jubilee. Citizens are looking forward to the end of political trials and persecutions. But for this to happen, political leaders must exhibit high levels of integrity in dealing with public affairs. As the nation transitions to the next 50years (Diamond Jubilee -100years) the politics must change. It time people started doing the right things in public offices.

Forensic Audits

The sensitive nature of the various government department, it may call for forensic audit of the decision taken in the absence of the Executive.

Conclusion

Cabinet implement the WILL of the people as enshrined in the constitution. Until such a time they must stop performing Cabinet functions, which is a pre-requisite for their continuation in office.
The citizens draw their inspiration from the President and cabinet draws its authority from the President

By Brian Chisengalumbwe
Political Analyst and co-ordinator Ichalo Bantu Te Fikulwa(A movement for a new generation of politics


This post was originally published on this site

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