EDGAR LUNGU CANNOT AVOID THE 2016 PRESIDENTIAL ELECTIONS. IF HE ATTEMPTS TO, HE WILL BE FLUSHED OUT OF STATE HOUSE LIKE A COMMON THIEF – FDD
Article 34 of the Republican Constitution states that an election to the Office of President SHALL be held whenever the National Assembly is dissolved. And according to Article 88 of the Republican Constitution, the tenure of the National Assembly is 5 years after which it has to be dissolved and fresh Presidential and Parliamentary Elections have to be held.
The life of the current National Assembly is expiring in 2016.
Therefore, according to Articles 34 and 88 the next Presidential election must be held in 2016.
Article 35 of the Republican Constitution prescribes the Tenure of Office of President. And subject to clauses 2 and 4 of this Article, the tenure of office of President is 5 years.
Now, it is important to clarify what Clauses 2 and 4 states with regards to the 5 Year Presidential Term of Office.
Clause 2 limits the Term of Office of a President to two Consecutive 5 year terms. Clause 4 TIES the Tenure of Office of a President to the life of the National Assembly. It states that a person holding the Office of President SHALL CEASE to be President once the National Assembly has been dissolved. And in accordance with the provisions of the law, the current National Assembly will be dissolved in 2016 after which Presidential, Parliamentary and Local Government elections will be held within a period of 90 days from the day of the dissolution of the National Assembly.
So which law will Edgar Chagwa Lungu use to postponed the 2016 Presidential elections? Edgar Lungu is playing with fire and he will be burnt. Edgar Lungu, being a lawyer by profession is fully aware that he cannot go beyond 2016 without holding a Presidential election because that will be contrary to Articles 34, 35 and 88.
His attempts through his mercenaries who have filed a petition in court to postpone the 2016 elections is an attempt to mutilate the Republican Constitution. And according to Article 37 of the Republican Constitution this is an impeachable offence.
We want to assure President Lungu that we, the people will use all legal avenues available and will flash him out of State House like a common thief should he go ahead to violate the Constitution with insolence and impunity.
Issued by Antonio Mwanza, FDD spokesperson.