TO THE REPUBLICAN PRESIDENT OF ZAMBIA
MR. MICHAEL CHILUFYA SATA
Dear Mr. President, Sir
Sir, the clear knowledge and understanding that your office intends to officially nominate and have parliament ratify the appointment of the acting Chief Justice, her lady, Madame Chibesakunda may seem right by virtue of her long tested practice and work in the judicially but legally out of bounds by virtue of the age she has reached as required by the law which both of you the Head of State and her lady, Madame Chibesakunda are called to defend and uphold in the interest and wellbeing of our nation and its posterity.
I personally have a much respect for the Madame Chibesakunda and beyond that, she is also a close relative to some of my close friends in the church work and outside but I have however decided to say something on the same in the interest of the nation and to possibly try the concerns being faced by us all in the intended appointment.
Sir, your intentions and motive may not be challenged or disputed considering that Madame Chibesakunda is an honorable woman and indeed in her own class and status but that does not give a go ahead for you to appoint her and seek ratification from Parliament for it is totally against the Zambian constitution.
In this case, I may want to refer to my position of old by which I attempted to counsel and advise the late President Chiluba on the third term intentions he had in 1998. Sir, I say to you that it is and it shall be a clear constitution coup de-camp to go ahead with such a very serious move. Of course it is also clear knowledge that most of the people in the republic may not be of great understanding concerning such issues, but that does not mean that those who are knowledgeable must take advantage of the ignorant.
Mr. President, you need to be guided by that book called the constitution of the Republic of Zambia and not just your desire and intentions. If I may give you my own Bemba proverb, “Ala impoto ya bwali tabaisha ne fiko”. You need the constitution to defend and protect you in your decisions as you are in the office and after your office time.
And if it be that you still need Madame Chibesakunda for such an appointment, then I would further advise you to take the matter to parliament that they first debate and if agreeable change the Act that forbids one to be appointed and serve as Chief Justice if they are beyond a certain age or ask for those seating and making submissions in the provincial centers of the constitution making process to make submission on the same as she remains acting until that appointed time if change of age can go through.
ALL IN ALL, SIR, KINDLY OBSERVE THE CONSTITUTION IN WANTING TO MAKE SUCH AN APPOINTMENT.
BISHOP SIMON C. CHIHANA