‘Purely Beans – Stop them Mwakoles! pleads Zitukule Consortium’s Nicolas Phiri

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‘Purely Beans – Stop them Mwakoles!

By Nicholas Phiri

BAMUNYINANE, this might be a long read.

However, it’s in our effort to put it in black and white that progressive Zambian people can’t and won’t be fooled nor dribbled by crocked minds anymore.

You don’t need common sense. You don’t need legal knowledge. You don’t even need to be educated to know that someone wants to rape our Consititution once more.

All You need is to know how to read English and deceitful minds to understand that:

“No man, authority, organ or institution can change or cancel the election date in Zambia. Kulibe, kuina, takwaba, akuna theliz no…..”

Why?

Because the date for election is firmly cast and secured in Article 56(1) and (2) of the Consititution of Zambia Amendment Act No. 2 of 2016, which His Excellency the President Edgar Chagwa Lungu, signed with his eyes closed on 5th January 2016 in presence of thousands of jubilating citizens at the Heroes Stadium in Lusaka.

The said Article 56 (1) states that “A general election shall be held, every five years after the last general election, on the second Thursday of August.”

Further, the immediately Article that follows, 56 (2) state that “The day on which the election is held shall be a public holiday.”

Clearly these Articles do not give room for alternation, change or cancellation of the general election under whatever circumstances, conditions or events.

While we know that interpretation of the constitution is a preserve of the ConCourt, the above Articles just require literal interpretation of the law to understand and deduce it’s implications.

There is no room whatsoever in the above provions or indeed anywhere within the Zambian Consititution that provides a draw back clause or derogation to circumvent Article 56 in party or enterity as illustrated above.

It follows then that those suggesting to cancel the forth coming elections are being deceitful, shallow, shameful and a nuisance or in legal language mischievous and raising frevorous issues (that are not on terrefema).

What has been presented so far is that elections can be cancelled under the state of emergency. This escape route is a non stater too, leading them nowhere.

Here is why:

The State of Emergency and State of Threatened Emergency are provided for under Articles 30 and 31 of the Zambian Constitution respectively.

Article 30(1) States; “The President may, in consultation with cabinet, at anytime by proclamation published in the gazette declare that a state of emergency exists.”

It’s important to note that this particular provision is ambiguous as it does not spell out the conditions which ought to be present or exist before such a declaration is made. Remember also that this particular provision is a ruminant of the one party state Consititution.

Notwithstanding, Article 30 can’t justify a cancellation of a general election as it does not overide Article 56 nor does it make reference to the Article 56 directly or otherwise.

Further, Article 30 (2) provides thus “A declaration made under clause (1)shall cease to be in effect on the expiration of a period of seven days commencing from the day in which the declaration was made unless before the expiration of such a period, it has been approved by a resolution of the national assembly supported by a majority of all the members thereof not counting the speaker”

As it is today, both cabinet and national assembly stands dissolved and therefore non existent.

Besides, even if they did exist or the president had power to extend the state of emergency, voting in Zambia is conducted from about 6am to about 6pm in one day. How does the declaration of the state of emergency affect voting in this case?

How different is voting from other public events such as commission of flay over bridges, church gatherings, clubbing, market trading and funeral gatherings currently going on in the country? Are all those going to be suspended also?

How about the bye elections which where held when Covid 19 was at it’s highest in Zambia?

Clearly the proposal by whosever it is to cancel the August 12 general election doesn’t make sense, legally or logically. It’s purely nosense!

Fellow citizens, don’t allow anyone to rape our Consititution with impunity. No please don’t allow it.

Article 1(1) of our Consititution states;

“This Consititution is the supreme law of the Republic of Zambia and any other written law, customary law and customary practice that is inconsistent with it’s provisions is void to the extent of the inconsistent.”

Further, Article 1(3) provides; ”

This Consititution shall bind all persons in Zambia, State organs and institutions.”

It is therefore gross misconduct and highly cantankerous for any person, state institution or organ to give unto itself powers not given to it by the Republican Constitution.

So what should Zambians do?

Zambians must make it known to Authorities using all known possible and lawful means that “beans we shall not take”.

Article 2(a) and (b) of the Consititution is instructive on what we all ought to do as it provides thus: 2 Every person has:

(a) the right and duty to defend this Consititution

(b) to resist, or prevent a person from overthrowing or illigaly abrogation this Consititution.

Remember that only the collective sovereignty of the Zambian citizens is above the Consititution as asserted in Article 5(2) that:

“Power that is not confered by or under this Consititution on any state organ, state institution, state officer, Consititutional officer and other institutions or persons is reserved for the people” of zambia ( ephasis is mine).

There is therefore no legal basis for cancelling the elections. It’s purely beans!

Stop them Mwakoles!

Cde Nick Phiri
The painter in the byubyu!