Miyanda: No One Is Above The Law, Not Even Lungu

BRIGADIER General Godfrey Miyanda says State Officer Edgar Lungu has assaulted the very core of the Independence of the Judiciary and the principle of the Separation of Powers following his Solwezi airport threats on Constitutional Court judges presiding over his 2021 eligibility case.
And Brig Gen Miyanda says no one is above the law, not even President Lungu.

In November last year, President Lungu warned Constitutional Court judges that if they emulate Kenyans and disqualify him from standing again in 2021, they will plunge Zambia into chaos.

“To my colleagues in the Judiciary, my message is just do your work, interpret the law without fear or favour and look at the best interest of this country. Don’t become a copycat and think that you are a hero; you can plunge this country into chaos. Those people who don’t like peace and freedom will say ‘President Lungu is intimidating the courts of law’, I am not intimidating the judiciary, I am just warning you because I have information that some of you want to be adventurous, your adventure should not plunge us into chaos please!” President Lungu exclaimed.

He warned against emulating Kenyan judges saying they did not care about the will of the people.

“Yes, I want to make it very clear. People are saying Zambian courts should emulate Kenyan courts and I want to be very sincere on this one, people are saying Zambian courts should be brave and make decisions which are in the interest of the people but look at what’s happening in Kenya now. I am saying the courts of law in Zambia should also see what’s happening, they should not behave like they are not part of our African continent. The most important thing I can say now is, 2021, I am available to stand if my party chooses me,” said President Lungu.

“But to my friends in the court system, I say don’t plunge us into chaos by imitating or emulating Kenya or any other court system for that matter which does not care for the interests of the people. I am saying this in front of you people because there are cameras in front of me, there are some Zambians who are writing this story, recording, because I have heard some judges say ‘why don’t we emulate the Kenyan courts? They are very brave’. I don’t think that is right.”

But in his submissions to the ConCourt, Brig Gen Miyanda, who is the Third Interested party in a case currently before the Constitutional Court, where opposition political party leaders Dan Pule, Wright Musoma, Pastor Peter Chanda and Robert Mwanza have asked the court to interpret the Presidential tenure of office and determine whether President Lungu was eligible to contest in 2021, stated that the statement had created a potential constitutional crisis by pitting the Executive against the Judiciary.

He stated that President Lungu had deliberately committed a contempt of court and in the process trashed his Oath of Office.
Brig Gen Miyanda invited the ConCourt to consider whether President Lungu performed his duties in accordance with the Constitution and also the effect on the proceedings of his threats and warnings against the Constitutional Judges and the Judiciary.

He stated that in the main matter that was commenced on February 8, 2017, the applicants were seeking the determination of whether President Lungu had served two full terms and whether, as a matter of the Constitutional law of the Republic of Zambia, the Head of State was eligible for election as President for another 5-year term following his current term of office which commenced on 13th September 2016.

“…the Applicants have somehow curiously neglected to mention the commencement date of President Lungu’s first term as Republican President, it is a matter of public record that that term came up following the Presidential by-election of 20th January 2015. It is also a matter of public record that the 3rd Interested Party participated in that election on the Heritage Party ticket,” Brig Gen Miyanda submitted. “President Lungu won that election and was sworn in as President; the 3rd Interested Party was one of the losing candidates.”

He submitted that President Lungu had directly interfered in the active case before the Constitutional Court Judges.

“Ordinarily, such a situation is resolved by committing the contemnor to prison until he or she purges their contempt. It is further submitted that apart from being President, the said Edgar Chagwa Lungu is not an ignoramus but a man of letters, a lawyer who cannot pretend to be ignorant of what he was doing,” Brig Gen Miyanda stated.

“It is submitted that he deliberately misconducted himself by making that public statement, which he had carefully planned, with malice aforethought, to achieve the maximum effect that it has had on the Courts as well as the public, which is to interfere with and intimidate the Constitutional Court Judges handling this case in which he has a direct personal interest.”

He submitted that in Zambia, public policy was that the Constitutional Court had exclusive jurisdiction to hear and determine constitutional questions.
“Article 8 of the Constitutional Court Act, 2016 is clear in its purpose and effect, which is to grant special and/or exclusive jurisdiction to the Constitutional Court to hear and determine constitutional questions and to no other Court. It is submitted that by his statement, State Officer Edgar Chagwa Lungu has assaulted the very core of the Independence of the Judiciary and the principle of the Separation of Powers,” Brig Gen Miyanda stated.

He stated that in today’s Zambia, judges at all levels should not have the fear of Big Brother watching and listening to their private consultations.

“They should not have the fear of being removed from office at a whim. I submit that if the Judges do not rise to the occasion and correct the executive interference and threats disguised as counselling, they will have themselves to blame should the vacuum they create through their inertia and compromise be filled up by scheming abusers of the law,”

he stated.

Brig Gen Miyanda stated that President Lungu’s threats reminded people of the unpleasant removal of the then Chief Justice James Skinner from office by political party sycophants.

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