Rome based Catholic priest Fr. Chanakila Muyunda says it is clear that former president Michael Sata did not want Guy Scott to ever act as president.
And former vice-president General Godfrey Miyanda says Scott does not qualify to act as president.
Reacting to the death of Sata and subsequent configuration of Scott as acting president, Fr. Chanakila Muyunda ‘From the time our president took office in 2011 the tradition which he managed to implant in our minds was that his Vice President, Dr Guy Scott could not be entrusted with instruments of power. ‘
Fr Muyunda said ‘my advise as a Zambian citizen to those who are making these decisions is to be careful. Decisions of this nature have to be measured, they have to be reasonable and consistent with the practice which you have exhibited to the great people of Zambia since 2011.’
He said Sata never allowed him, not even once to act as president.
“We have seen how many people he has been appointing to act until his untimely unfortunate demise. We are informed he did this because of the legal advice he had received from those who were consulted.
‘We assume that these people who were consulted were well vested in the rule of Law and Constitutionalism.
We can further assume that these same people are still helping our government,’ Fr Muyunda said.
‘Now that the Father of the Nation has left us to be with his creator, why change the goal posts? Why change the standing policy? What is different now? Who are these people who are making these decisions? Why are they changing the direction? It is these questions and even much more which are going on in our minds at a time when we were suppose to focus on how best we are to say farewell to this dear Son of Zambia,’Fr Muyunda said.
He said ‘inconsistent decisions is a root cause of many problems in the World. I urge you to do all you can to be consistent and reasonable. Whenever you change something, someone must come forward to explain to the people. So that everyone understands what you are doing.’
And former vice-president Brigadier General Godrey Miyanda says Scott does not qualify to as president.
‘It is my contention that Dr Guy Scott does not qualify to be President of Zambia under the current Constitution; and further that in view of this he does not qualify even to be appointed Vice President’ Miyanda said.
The opposition leader said ‘I contend that the position of Republican President is one office comprising two tiers for purposes of continuity (the President and HIS VICE).
‘It is ridiculous or laughable to suggest that a person who does not qualify to be President or, more accurately, is estopped expressly by the Constitution from ascending to the highest strategic office in Zambia, can be allowed to act in that capacity.’
He said President Sata’s act to appoint Dr Scott was either due to an oversight, ignorance or was under duress.
He said President Sata may have realised the error but could not admit this publicly and sort to correct it by not allowing Dr Scott to act.
Miyanda said Dr Scott has given two statements on his appointment: first in 2011 or early 2012 he revealed that he knew that he was not qualified due to the parentage clause, which he declared was going to be changed anyway. However he went on to reveal that at a high-powered meeting (PF and/or Cabinet) attended by powerful lawyers he said that he was advised that he qualified to be appointed Vice President but not President. Sometime this year he declared that he qualified to be President. He cited no provisions of the law, and neither did he disclose who his lawyer-consultants were. Are they the same ones who gave him the first opinion or they are different or has there been a secret amendment? I challenge them to appear publicly and debate this serious constitutional issue.
Article 33 (1) states that “there shall be a President of the Republic of Zambia who shall be the Head of State and of the Government and the Commander-in-Chief of the Defence Force”. Article 34 (3) (b) states that “A person SHALL be qualified to be a candidate for election as President if ‘both his parents are Zambian by birth or descent’ ”, a very clear provision which has first to be amended if Dr Scott is to qualify.
It appears that the President relied on Article 45 (2) which states that “The Vice President shall be appointed by the President from amongst the members of the National Assembly”. I contend that this clause should NOT be read in isolation but with Article 34 (3) (b). In fact the whole of Article 45 should be read with Articles 33 and 34 in mind.
When I wrote “Golden Jubilee 1” I was concerned about the serious constitutional impasse that would arise and that seems to have arisen should the President pass on. I shall publish the remaining Part 2 later after a few days.
But I now urge the Cabinet to dump “Donchi Kubeba” and be truthful and engage even other citizens who may not be PF during this uncertain period for a smooth transition. But I declare that Dr Scott DOES NOT QUALIFY TO BE VICE PRESIDENT, LET ALONE PRESIDENT OF THE REPUBLIC OF ZAMBIA.