By Peter Sinkamba President The Greens
In the next 24 hours, Zambia shall know how to be, and how not to be a President or Vice President of the Republic of Zambia.
The Constitutional Court, an apex body that we the People of Zambia have delegated authority in terms of Articles 1(5); 5: 127; 128; and 129 to hear and determine matters relating to the Constitution, will be making a final determination on qualifications a of a President or Vice President of the Republic of Zambia.
Until the next review of the Constitution, the determination we anticipate from the Constitutional Court in the next 24 hours, will bring to finality lingering questions on qualifications to hold one of the two apex offices in the Republic of Zambia.
Generally speaking, there are four ways in which one can hold office of the Vice President in the Republic of Zambia, as follows:
- First, when one is appointed as a Running Mate by a Presidential Candidate, and that Presidential Candidate is duly elected and sworn-in as President
- Second, subject to approval by Parliament, when a minister is appointed by a Vice President who assumes office of President on account of the office of the President has fallen vacant
- Third, subject to approval by Parliament, when a Cabinet Minister is appointed by another Cabinet Minister who assumes office of the President after being elected by fellow Cabinet Ministers on account that the offices of the President and the Vice President have fallen vacant at the same time
- Fourth, after Parlianent is dissolved, a Vice President continues to hold office of Vice President until the next President-Elect is sworn-in
Generally speaking, there are six ways in which one hold office of the President in the Republic of Zambia, as follows:
- First, after being elected and sworn in as President
- Second, after Parlianent is dissolved, a President continues to hold office of the President until the next President-Elect is sworn-in
- Third, a Speaker of the National Assembly assumes office oc the President on account that an incumbent President who recontested elections vacates office because his or her re-election has been petitioned in the Constitutional Court
- Fourth, a Vice President who assumes office of the President on account that office of the President has fallen vacant
- Fifth, a Cabinet Minister who is elected by fellow Cabinet Ministers after the offices of the President and Vice President simultaneously fall vacant
- Sixth, subject to approval by Parliament, a President whose tenure is extended account that elections cannot be held because the Republic is in a state of war, state of emergency or state of threatened emergency
In all above scenarios for qualification to assume office of the President, where tenure is less than three years, such a period is not recognised by the Constitution as a term. If the tenure is three years and above, then that period is recognised by the Constitution as a term.
According to prior decisions of the Constitutional Court, a person who has served for less than three years as President, that period so served does not count in terms of qualification of that person for election or re-election as President of the Republic of Zambia.
We await to hear what the Constitutional Court will determine on above issues in the next 24 hours.
From me, all I can say is: all the best to the litigants and their supporters.