General Miyanda on opposition MPs in PF regime

Filed under: Breaking News |

STATEMENT AGAINST APPOINTMENT OF OPPOSITION MPS TO MINISTERIAL POSITIONS: BY BRIG GEN GODFREY MIYANDA

 

I call upon President Sata to come out of his fortress and respond in a non-partisan way about his real stand on governance but particularly on the provocative poaching of Members of Parliament from opposition parties so that this matter can be put to rest. We challenge the claim that the President has a blanket power to appoint opposition MPs to ministerial positions and contend that the Republican Constitution forbids poaching of MPs.

 

This issue is a constitutional and legal one; hence it calls for legal arguments rather than political rhetoric. So far the PF have neither provided legal grounds nor even cited the actual provisions that give the President the blanket mandate they are claiming he possesses.

 

We address the following issues to put our case in context: Government Justification of poaching; Obligations of an elected President; the Spirit and letter of the Constitution; Specific provisions.

 

JUSTIFICATION FOR POACHING

 

President Sata claims that poaching promotes development; the PF also claim that it is inclusive to entice opposition MPs since they too are Zambians. There is even one outlandish justification by a poached UPND MP asking the question “where in the Bible does it say it is a sin to work with Sata?”  In all these pronouncements no legal arguments have been proffered!

 

OBLIGATIONS OF AN ELECTED PRESIDENT

 

The first mandatory act that the President carries out before assuming office is to take the Oath of Office which obliges him, inter alia, to uphold and maintain the Constitution as well as to carry out his duties to the service and welfare of the people of Zambia without fear, favour or ill will.  These are solemn words whose language is not ambiguous. His vow that he will continue to poach is a breach of his Oath of Office.

 

THE SPIRIT AND LETTER OF THE CONSTITUTION

The current Republican Constitution is alive and has what it takes to stand up to scrutiny and pass the test of a document that protects rights of citizens, particularly democratic rights and those of freedom of association and assembly; it may require improvement but it is effective.

To appreciate the true intent and spirit of our Constitution I let the Constitution speak for itself by quoting from it the following relevant provisions, which declare, inter alia that ‘We, the People of Zambia

  1. “Resolve to uphold the values of democracy, transparency, accountability and good governance; and further resolve that Zambia shall forever remain a unitary, indivisible, multi-party and democratic sovereign state.
  2. The Constitution is the Supreme law of Zambia; and it shall bind all persons in the Republic of Zambia and all Legislative, Executive and Judicial organs of the State at all levels.”

These declared tenets from the Preamble and Part 1 of the Constitution are buttressed by the following guidelines from the Directive Principles of State Policy which declare in Art 112 (a) that “the State shall be based on democratic principles.”

Clearly the spirit and letter of the Constitution is that there shall be at all times a democratic style of governance that does not threaten the indivisibility, multi-party and democratic character of the State and its peoples. Hence it provides serious sanctions if breached and subjects the President to impeachment under Article 37 for violation of the Constitution.

RELEVANT SPECIFIC PROVISIONS

Articles 46 and 45 provide for the appointment of Ministers, Provincial Deputy Ministers and Deputy Ministers from amongst members of the National Assembly. These provisions should not be read in isolation from other relevant parts of the Constitution. A case in point is Art 71 (2) of the Constitution which provides that a member of the National Assembly shall vacate his seat in the National Assembly

(b) “if he acts contrary to the code of Conduct prescribed by an Act of Parliament.

(c) in the case of an elected member, if he becomes a member of a political party other than the party of which he was an authorised candidate when he was elected to the National Assembly or, if having been an independent candidate, he joins a political party or having been a member of a political party, he becomes an independent.”

Consequently Parliament enacted the Parliamentary and Ministerial Code of Conduct Act CAP 16 which states:

  1. “Section 8: The provisions of this Part (i.e. Part III) in their application to Ministers and Deputy Ministers shall constitute part of the code of conduct for Ministers for the purposes of the Constitution.
  2. Section 9: A person holding Ministerial office shall not do anything that is inconsistent with the principle of collective responsibility of Ministers for the policy of the government and the conduct of its affairs, and in particular SHALL NOT –

(a)    Publicly contradict or disassociate himself from any policy adopted by Cabinet.

(b)   Issue public statements criticising another person holding Ministerial office;

(c)    Make unauthorised disclosures of Cabinet discussions, decisions or documents.

Clearly opposition MPs so appointed cease to represent their political party in Parliament and outside as they cannot even share with their Party information concerning the inner workings of the Cabinet. It is fallacious for the President to claim that poaching is inclusive politics when these MPs are mere Deputy Ministers who never attend Cabinet meetings.

By the President’s unconstitutional acts opposition parties have become an endangered species while the PF regime is aggressively hunting them, using an illegal game licence. The provisions quoted herein prescribe loss of membership as punishment for crossing the floor. This is essentially expulsion and is not different from what affected political parties do.

The affected opposition political parties must NOT succumb to partisan arguments against bye-elections but fight against dictatorial tendencies by the PF regime. It is better to remain with one MP who speaks for you than a horde of mercenary MPs with daggers in their hands!

GODFREY MIYANDA,

BRIGADIER GENERAL,

HERITAGE PARTY

[11TH MARCH 2013]

Comments Closed

49 Responses to General Miyanda on opposition MPs in PF regime

  1. Thumbs up General and there has been a lot of accolades from other friends on your guidance I would rather not talk too much more. For sure MMD & UPND just expel all those that have crossed the floor or are you fearing loss of contributions at the expense of democracy?
    Courts do your part when these idiots appeal against expulsions, just like you have always done sofar so good learned.

    Analysit - March 15, 2013
    18:01

  2. Well done General Miyanda. It takes great intellect for one to do what you have done and share with us the adequacy of our laws as regards the crossing over of our MPs.
    I pray the MMD can read this and quickly move to expel all its MPs that have crossed the floor so we have a loyal and effective opposition for us to live a multiparty democratic life.

    Mthoniswa Banda - March 15, 2013
    14:32

  3. I want to ask Gen Miyanda if he still stand the chance to form the next govenment? I read in volume one of Evangelist Alex Masuka’s prophecy that “It surely takes courage, faith and confidence in God, to declare to some body that he is the next President from the opposition. I am very much aware of other counter revelation made by Pastor Nevers Mumba of the NCC that God has revealed to him, that he shall be the next President. Somebody else has declared that God has shown him that General Miyanda is the next President. Let’s wait and see who is on the Lord’s side.’

    “…I still trust in my God and that’s why I went round telling people about the raise of the ‘Open Palm’ government (UPND), which I saw in a vision, as a bald head man beckoning people who were walking to the polling station to vote for the ‘Open Palm’ party.” The rescue Operation V1 p.133-134 – 2001 edition.

    Going by Evagelist’s prophecy he said UPND is going to form government one day and he says let wait and see who is on the lord’s side. I urge the Gen to join the winnig term to postively contrubite to national development. Today’s prophet.

    Joseph Mumba - March 15, 2013
    07:25

  4. The General is very methodical and objective. It is a pity that some pro PF bloggers are insulting him. This is the biggest problem we have in our country. we have people that have sworn to hate the truth; people who think that the person who criticises my bad deeds is my enemy. Please, learn to value and heed advice. Renounce wisdom and counsel and be led to a cliff end blindly. Why would anyone label everyone who advises Sata a frustrated person? Why would anyone reduce every observation to ethnicity? I am not Tonga but I hate, with passion, the sentiments against Tongas whenever an argument is advanced against Sata. Supporters of Mr. Sata MUST NOT AND NEVER hate Tongas because of their discomfort with Hakainde. What wrong has Hamainde committed? Competing with Sata for President? Pointing out Sat’s governance pitfalls? What sin have Tongas committed? For voting for HH? Didn’t Bemba regions vote for Sata? Let us not polarise our politics ethinially. If Mr. Sata is making mistakes as President, it is he, as Sata that is making mistakes. It is not Bembas that have made that mistake although of course I know that Mr. Sata is Bisa and not Bemba albeit Bemba-speaking. Let’s be issue based in our arguments and avoid unnecessary insults and name-calling. For sure Mr. Sata’s appointment of opposition MPs is not at variance with the provisions and principles of our constitution. Read the article objectively and try not to see the General’s face.

    Straight Talk Zambia - March 15, 2013
    00:08

  5. General Thanks for a well written article. please send it to other print media except the post coz they will not publish it.
    General you have been consistent and true to yo words unlike most politicians.

    For Sata’s Minions… the reason why i didnt and i will never vote for Sata is because the man is very inconsistent and i am not suprised at his actions.

    Thanks Ba General.

    Natulande - March 14, 2013
    21:35

  6. THE ELDERS HAVE SPOKEN! HE IS THE TRUE FATHER OF THIS NATION, SPEAKING FOR THE VULNERABLE AND VOICELESS. GOD BLESS YOU GENERAL. I AM SURPRISED THAT SOME OF THE BIG MEN OF GOD ARE SILENT AT THIS MOMENT, MAYBE THEY ARE PRAYING…

    bravo - March 14, 2013
    21:09

  7. well done ba general.the cobra has no direction. show him the way otherwise he is a sinking titanic.

    mooya figness - March 14, 2013
    19:41

  8. Well spoken General. Amen and Amen!

    Mpongwe - March 14, 2013
    19:39

  9. Excellent ba general

    mwana mwiila - March 14, 2013
    19:15

  10. we still have good options for presidential candidates

    Musonda wa Mpanga - March 14, 2013
    19:06

  11. Bo General,
    You are a national figure and you have writen a very good article but my worry is that the President may not read it or understand fully as he would if you spoke to him. Pleaze make an effort to call on him in the company of someone who shares your views. When he sees your face , he may realize that your efforts and all Zambians are meant to wish him the best in his office. Who knows,he may be missing genuine advice that Good Governance is not through Divide and Rule. This model is old fashion.

    Kwaza - March 14, 2013
    18:32

  12. May God the creator visit you

    Original - March 14, 2013
    17:40

  13. i was expecting GEN-K to add to this debate alas

    larry evance - March 14, 2013
    17:26

  14. Zambia wake up and put correct leaders like gen. Winta where is justice you little friend.

    mnamuchende - March 14, 2013
    17:04

  15. Excellent arguments general, please do more to serve mother Zambia! At the moment it appears its only Nevers and HH who are standing up for us.

    Bwalya Mwanba - March 14, 2013
    16:26

  16. General Miyanda is jst a frustratd fool jst lyk HH and all Tonga fools.

    Chief Puta - March 14, 2013
    16:07

    • U r the one is frustrated.

      Kaputa wa sata - March 14, 2013
      17:42

    • Foolish demonic bemba idiot.

      Homestead Musambachime - March 14, 2013
      18:10

    • But he has put an intelligent argument in legal and calm spirit with so many words without the word “fool”. It is because he is not a but You have used few words with the word “fools” because you are one.

      Muntu Na Muntu - March 14, 2013
      18:32

    • Chief Puta zilemekeze

      Mwana Wakwathu - March 14, 2013
      20:54

  17. Very well written piece, this man has a mine of knowledge and articulates issues to anyone’s understanding, I wish we had more of his kind.

    Thermometer - March 14, 2013
    15:56

  18. General what happened to your Nashala neka party? Just join PF

    Erica Silwamba - March 14, 2013
    15:54

    • No, not PF. He will be misunderstood and suspended like Given. The don’t tolerate such deep and independent thinkers like exhibited in this piece. I feel he should come to the helm of MMD and research the party from the externally induced onslaught its going through.

      Yanni - March 14, 2013
      17:29

      • Meant ‘rescue’ not research.

        Yanni - March 14, 2013
        17:32

  19. Authority To Destroy Chaos…
    Kuti indivisible. I believe that even in dreams so called Zambia cannot be indivisible.
    Authority To Destroy Chaos…

    Mary-Viola Mwangala bat Abba (yana bizwa Mbuya) - March 14, 2013
    15:46

  20. Those MPs working for PF where heavily paid by government in order for them to cross. Its difficult to trust these people. Imagine they are all deputy ministers.

    Ngalande Lukuku - March 14, 2013
    15:42

  21. very intelligent General..more than the justice minister..wowo….!

    Ngilingindo - March 14, 2013
    15:37

  22. Amataba ya mena pa ba michene,this is the worst government I have ever seen!! Gen Miyanda thankyou for your great leadership sir.

    Nelson Bj Elisons - March 14, 2013
    15:07

  23. The current govt is not interested in any sound advice.

    Concord - March 14, 2013
    15:00

  24. Empty tin general

    eazy doez it - March 14, 2013
    14:45

    • Jelous down,you can not much the Gen Miyanda!!

      Nelson Bj Elisons - March 14, 2013
      15:11

    • my god,you sure are a cadre.analyse what he wrote and not the man. hate the message and not the preacher. for your information,i have read the current binding constitution and what the general has said is there.word for word. so he speaks the truth here. zambians when will you learn to analyse and read for yourselves and not let people cheat you. if you think the general is fabricating,get the constitution and read it then chalenge him here as well. stupid idiot. ine ichifukushi!!!!!!

      zagaze - March 14, 2013
      15:23

    • We know your kind…

      Yanni - March 14, 2013
      17:30

  25. Does Sata read and write. FTJ said nibakalufyanya pa kulemba.

    I think SATA is taking us to stone age politics, Sata does not respect us and himself.

    We need to Kick sata OUT.

    Mpangula Mputyu - March 14, 2013
    14:38

  26. Great analysis from General Miyanda.

    I am absolutely certain that the reaction from the PF government will be to ridicule General Miyanda without ersponding to the issues raised.

    Eagle - March 14, 2013
    14:17

  27. I ask Gen Miyanda to lobby the two major opposition parties so that they can have serious talk on how they can work together in what I may call “The Defense of Democracy in Zambia”.

    J.S - March 14, 2013
    14:16

  28. Amsterddam(sp)kindly assist our opposition parties to prepare a dossier of impeachment for presentation to parliament before cycle mata chilufyanya dies.All what is happening in our country now is nauseatic about PF.Can ‘Sunken’PF voice mail aurgue this thoughtful article?

    Sadd - March 14, 2013
    14:00

  29. Sata doesnt undastand the constitution period and to u all who voted for this man wat were thnkin in smal heads

    Empty tin lawrence - March 14, 2013
    14:00

    • Thats why someone called them ‘useful idiots’

      Bwalya Mwanba - March 14, 2013
      16:37

  30. Nice debate, Gen.. It is sad indeed to watch what is becoming of once cherrished democracy! The govermnment of the has just gone unashamedly and carelessly committing all the unforgivable political fornication ever known in the history of our Land, Zambia as thoughj it were their personal property!
    It has often sickened me, almost to the extent of envisceration, every time I listen to the campaign messages which always carry the indispeakable ” we can only bring development to this place if you give us an MP.” Zambia belongs to all whether oppositipon or ruling and her resources must be used to bring development to all.
    It’s so disheartening to listen to pronouncements of disbursements of huge sums of investment funds with bias towards one region alone. This is masturbation in public!!!!!1 Oh, I am already getting sick even at the thought these mishaps.

    Machikofe - March 14, 2013
    14:00

  31. All the opposition should come together and defend democracy, otherwise if they work in isolation, this current situation is taking us to a one party state.All opposition political parties should suspend their party agendas and let them defend democracy first, then after they can go back to their party programs. We need a combined fight for democracy.

    J.S - March 14, 2013
    13:54

  32. and where is LAZ when all this is happening. The General has provided great insights, what do other legal minds say?

    musiwa jnr - March 14, 2013
    13:41

  33. It is surprising that the same people cried foul and labelled the Machungwa led M.Ps “Rebels” when they agreed to work with the MMD government. Today they are using the same tactics with impunity and without due regard and sensitivities to the electorate; let alone the parties which sponsored the said MPs to Parliament. Its time this Nepotistic, Tribal, Under the Counter, Backhanded, Know it all government got a serious kick in their backside; especially that they lack the basic intelligence on good governance.

    Mambala - March 14, 2013
    13:40

  34. The General’s comments will for sure have to be answered, otherwise one is going to loose his brains.

    Rusco - March 14, 2013
    13:29

  35. I admire the General`s level headedness.Wish there was way of putting him in statehouse but hey,many zambians prefer noise makers,liars,pretendes.

    Except For - March 14, 2013
    13:19

    • Point….. But some lessons have been learnt

      gEEk - March 14, 2013
      14:27

    • True, but i feel there is still hope for him MMD and the UPND should form a pact and get the Gen. for 2016….

      Anti PF - March 14, 2013
      14:35

  36. Good Exposition. This is what Zambia needs discussion of issues. Our new Constitution should probably bar a republican president from appointing a sitting opposition MP because that amounts to betrayal of the electorate and waste of public resources through unnecessary by-elections. Sata understands this very well, this is the reason why he expelled his MP when he was in opposition. So he does not mean well when he appoints sitting opposition MPs.

    Kelvin Mweemba - March 14, 2013
    13:14

  37. UNITED OPPOSITION AT THE MOMENT IS WE WHAT WE NEED,WELL PHRASED GEN THUMBS UP!

    Kakoma Chiyemba - March 14, 2013
    13:05