President Edgar Lungu
President Edgar Lungu

Okay guys, even if I am not happy with President Edgar Lungu at the moment due to how he and his aides are handling my issues relating to my fights against corruption and other issues, I am compiled to giggle with a smile by the smart legal antics coming from the Constitutional court over the continued stay of Ministers in office after Parliament dissolved.

I will not discuss the articles in the constitution because I am busy with Lubinda’s case which comes up tomorrow. But look at how the the State has argued this case.

According to our Constitution, it states that, if the President is not able to run the Country due to health or death, the Vice President takes over. If the Vice President is also not able to run the Country for similar reasons, the Cabinet sits to decide who runs the Country.

Now, imagine the President flying from Chinsali and the plane crushes then they both die. Given that, some of us have been saying that these ministers should vacant office since parliament is dissolved, in this case where both the President and the Vice have die, who takes over the Country?

This is the hypothetical question that the State has put before the court to dismiss the application of Law Association of Zambia LAZ to have the ministers out of office during this time of campaigns till another govt comes in place.

Note that, neither the Speaker nor the Chief Justice can come in to lead the Country in the event of the two (President and Vice) are not able to lead the Country.

These arguments were presented today in the Constitutional court where LAZ has even asked that, ministers should stop working pending the final disposal of the case. The ruling for the interim relief (Ministers to stop work) was reserved till next week on Thursday.

Another case in court today was the Deputy ministers, where the State is sued to have illegally kept the D. Ministers in office after the new Constitution came in. The petitioners are asking that the D. Ministers pay back the money if the court rules against them.

What was disappointing to me was the fact that the Attorney General was not in court as he was reported to be in Singapore.
As a Tax-pay, I would like the AG to handle these cases himself than leaving them to the Solicitor General.

Nonetheless, I find the arguments of the State very intelligent, I hope I can pull such a one on Given Lubinda.
Chilufya Tayali –
The Zambian Voice


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