07th March, 2018
OFFICE OF THE PUBLIC PROTECTOR,
P.O Box 50494,
Stand No. 4632 Mwaimwena Road,
RE: ORIGIN, BACKGROUND AND NATIONALITY OF THE REPUBLICAN PRESIDENT HIS EXCELLENCY MR EDGAR CHAGWA LUNGU, A STATE OFFICER
The above subject matter refers.
The purpose of this letter is to inform you that as President of a Political Party namely the People’s Party and on behalf of other stakeholders, I have decided to bring the issue of the identity of our Republican President His Excellency Mr Edgar Chagwa Lungu, who is a State Officer, to your office as Public Protector for inquiry, determination and recommendation. My approach is based on the provisions of the Constitution of Zambia Amendment Act No. 2 of 2016 and the Public Protector Act of 2016 of the Laws of Zambia.
The Constitution provides as follows;
244. (1) The Public Protector may investigate an action or decision taken or omitted to be taken by a State institution in the performance of an administrative function.
(2) For purposes of clause (1), an action or decision taken or omitted to be taken is an action or decision which is—
(a) unfair, unreasonable or illegal; or
(b) not compliant with the rules of natural justice.
(3) For purposes of clauses (1) and (2), the Public Protector may—
(a) bring an action before a court;
(b) hear an appeal by a person relating to an action or decision taken or omitted to be taken in respect of that person; and
(c) make a decision on an action to be taken against a public officer or Constitutional office holder, which decision shall be implemented by an appropriate authority.
(4) The Public Protector shall not be subject to the direction or control of a person or an authority in the performance of the functions of office.
The Constitution further provides:
100. (1) A person qualifies to be nominated as a candidate for election as President if that person—
(a) is a citizen by birth or descent;
(2) A person is disqualified from being nominated as a candidate for election as President if that person—
(b) has dual citizenship;
(e) was removed from public office on grounds of gross misconduct in the immediate preceding five years;
Further, the 1996 amended Constitution article in 34 (3) states: “A person shall be qualified to be a candidate for election as President if – (a) he is a Zambian citizen, (b) both his parents are Zambian by birth or descent.”
In 2014, under the 1996 Constitution’s article 34 (3) above commonly known as “the parentage clause”, Mr Lungu filed his nominations for election to The Office of President of Zambia without declaring whether his parents were Zambians by birth or descent. He has even failed to even name his parents or whereabouts. He has since removed “the parentage clause” from the 2016 Constitution amendment.
The Public Protector Act of 2016, Part III, Section 13, states:
13. (1) The Public Protector may investigate an allegation of maladministration
(a) on the Public Protector’s own initiative; or
(b) on receipt of a complaint made by
(i) a complainant acting in the complainant’s own interest;
(ii) an association acting in the interest of its members;
(iii) a person acting on behalf of a complainant;
(iv) a person acting on behalf, and in the interest, of a group or class of persons; or
(v) an anonymous person;
The complaint is herein based on, among other reasons, following:
1. In his authorized biography “Against All Odds – Zambia’s President Edgar Chagwa Lungu’s rough journey to State House” (2017) by Anthony Mukwita, the following inconsistencies emerge:
• That he was born in then “Whites Only” Ndola Central Hospital (NCH) in 1956.
• His history begins with Mukuba Secondary School without any record of his primary education, or other background.
• Mr Amos Chanda the President’s Special Assistant for Press and Public Relations at State House informed the nation on Prime Television “Oxygen of Democracy” programme said that he was born in Kitwe.
• The personal details and records of his parents are not available for perusal.
• In 2015 the President contacted a person requesting him to help declare him a Lamba by tribe from the Copperbelt.
• In one profile upon his elevation to Minister of Defence it was reported that the President the president comes from Chief Kambombo of Chama while his biography states that he comes from Mukwama village in Petauke near the Malawian border. Other sources say he is from Chief Kalindawalo.
• The authorized biography shows a picture of a house different from the actual house number 4001 Chimwemwe where the President claims to have once lived.
• The President’s wife, Mrs Esther Lungu in celebrating her birthday anniversary was full of inconsistencies which brought out more doubts.
• Efforts to secure records from the Courts and ECZ have proved challenging.
• I did publicly challenge the President to shed some light on his identity but he has remained quiet to this day. I sent an emissary to the Inspector General of Police alerting him of the need to clear the air over the identity of the President. To date despite my consistent appeals to the public for information about him, nothing has been forthcoming. This is worrisome more so that Mr Lungu occupies the Office of President in the nation.
We are persuaded to present this complaint due to contradictory and insufficient evidence of traceable references about our Republican President, a State Officer, for definite comprehension. We are optimistic that using the constitutional powers vested in the establishment of your office to investigate complaints as provided for under Section 13, paragraph 1(b) (ii) of the Act this matter can be brought to finality.
This complaint is for the interest of the public, constitutionalism and indeed the members we represent and the people of Zambia at large, especially that the President’s current position is the occupation of an extremely sensitive office in our Republic as Head of State, which naturally, constitutionally and unconditionally stands as a preserve of indigenous citizens.
We have also taken this decision in line with the provisions of the Republican Constitution as amended in 2016 which obliges us to defend and protect the Constitution. Article 2 of the Constitution states: “Every person has the right and duty to – (a) defend this Constitution whereas Article 91 (3) reads, “The President shall, in exercise of the executive authority of the State – (a) respect, uphold and safeguard this constitution” hence our apprehension over issues surrounding his status.
We shall greatly appreciate both your reply and importantly attention on this matter in a fortnight between Tuesday 13th March, 2018 and Tuesday 27th March, 2018.
Mike MULONGOTI, Esq
2. Chief Justice
3. Secretary to The Cabinet
4. President of the Constitutional Court
5. Citizenship Board of Zambia
6. Department of National Registration, Passports and Citizenship (DNRPC)
7. Electoral Commission of Zambia (ECZ)
8. Law Association Zambia (LAZ)
9. The Speaker of National Assembly of Zambia
10. Inspector General of Zambia Police
11. The Attorney General
12. Director of Public Prosecution (DPP)
13. Zambia Conference of Catholic Bishops
14. Council of Churches in Zambia
15. Evangelical Fellowship of Zambia
16. Leader of Opposition Parties in Parliament
17. Patriotic Front (PF) Secretariat
18. Media Houses