Sat, 25 Mar 2017 09:44:50 +0000
Editor,
Under Act No 2 of 2016 which is the amended Constitution of Zambia, Parliament means the President and the National Assembly (Article 266).
Now, how do these constitutional office bearers assume office and function properly without a duly elected President, or can it function without one and remain a complete Parliament?
I say so because opposition members of Parliament have repeatedly boycotted President Lungu’s appearance in Parliament giving reasons that they do not recognise him as the President of Zambia.
However, what boggles my mind is why President Lungu is only not recognised as a member of Parliament while he exercises his executive functions as Head of State and Government and Commander-in-Chief of Defense Forces under Article 91 (1) (2) of the Constitution.
In ordinary debates of the House, opposition members of Parliament address fellow members who are in-charge of Government Ministries as Honorable Ministers and yet these members of Parliament are appointed to those portfolios by President Lungu under Article 116.
This is an affirmation that there is a Government headed by a President and therefore, boycotting his presence in the House while recognising his officers is childish.
The provision of Article 103, for a presidential petition does not amount to nullification of an election of the President before such a pronouncement by the Constitutional court. A prolonged court hearing of presidential election petition is a due process of the law, in the middle of which, the status of the election results remain as announced by the Presidential returning officer, more so if one is already on oath as President.
What the opposition members of Parliament should know is that they are not obliged to sing praise for President Lungu, except that they have to recognise his present status until the courts of law decide otherwise.
They further should be reminded that, Zambia is a unitary and multi-party State where Parliament shall function with a President not necessarily from their party, and this is solemnly adopted and given to ourselves by the Constitution under which they swore.
I, therefore, see no sense in calling Hon. Keith Mukata for disciplinary hearing for availing himself in the House when he was representing the people of Chilanga Constituency who have nothing to do with the presidential petition.
Adeodatuse Matafwali,
Lusaka
