September 14, 2016

Zambians debate: Who swore in President Lungu?

Tuesday’s Presidential inauguration at Heroes Stadium has not passed without controversy. There is a heated debate on social media and other online platforms about the legitimacy of President Edgar Lungu’s taking oath before Chief Justice Irene Mambilima in a ceremony “presided” over by High Court Registra Charles Kafunda.

According to how events played out as witnessed by Zambian Eye, Official Master of Ceremony Paddy Mukando invited Kafunda to take over the program and commence the actual swearing in ceremony.

Kafunda in turn invited the President-elect and his running mate alongside the Chief Justice and other justices present adorned in official judicial gowns and wigs .

Kafunda led Lungu and Vice President inonge Wina in taking the oath of office as Justice Mambilima stood next. Justice Mambilima then signed on the documents after both Lungu and Wina swore.

But former FODEP Executive Director MacDonald Chipenzi has argued that it was not Mambilima who swore Lungu in office but Kafunda.

“This was another illegality and further constitutional crisis as the Constitution of Zambia provides as follows: Article 105 (1) The president-elect shall assume office after being sworn in by the Chief Justice or, in the absence of the Chief Justice, the Deputy Chief Justice,” Chipenzi said in a statement.

Meanwhile Young African Leader’s Initiative (YALI) governance advisor Isaac Mwanza has clarified that Kafunda acted just as a mere Master of Ceremony in the same way a presidential aide would act during State House functions.

“The master of ceremony for the swearing ceremony was of course the Registrar of the High Court, same way Amos Chanda or any State House staff may be MC when Ministers or Diplomats are being sworn in by President Lungu. Does that mean the ministers or diplomats get sworn in by the MC?” Mwanza asked.

And newly elected Mazabuka Member of Parliament Garry Nkombo has charged that yesterday’s inauguration is null void as the Chief Justice didn’t perform his duties.

“There is no provision in the Laws of Zambia which delegates the swearing-in of the President-Elect to the Registrar of the High Court.
This is what the Constitution stipulates and we demand the inuguration be declared null and void immediately. This illegality is the latest in numerous violations of the Constitution witnessed in the past few days which have left the country shocked and dumbstruck.

It is obvious that Mrs. Mambilima heeded the call not to add her name to the long list of Edgar Lungu�s astonishing illegalities, electoral malpractiaces, fraud and irregularities which are all treasonable, but her silence is no longer an option for her or her Deputy. They must speak up by respecting the Supreme law of the land and bring sanity to the country,” Nkombo said.