By Agness Changala
Justice Minister Mulambo Haimbe says it is absolutely wrong in law, immoral and irresponsible for opposition leader Saboi Imboela to call on all PF MPs to resign and cause a Constitutional crisis.
In a recorded Voice Note shared, Imboela, the National Democratic Forum (NDC) president called on PF members of Parliament to resign and cause a Constitutional crisis that will force Zambia to go for a general election, if UPND continues to mess with them.
She also said if Zambia goes to the polls today, President HH and most of the UPND members would not win the election.
But speaking to Daily Revelation, Haimbe said he was shocked and surprised that a Zambian who claims to have the interest of the nation at heart could make such an irresponsible statement in terms of calling
for members of parliament to resign.
“That is absolutely irresponsible. It’s on the verge of anarchy simply because our colleague has got political ambitions of one day running the affairs of this country, she cannot call for such anarchy. She should care for the country because essentially what she is suggesting from her point of view is that taking such a radical step would make this country ungovernable and therefore, force elections,” Haimbe said. “It is absolutely wrong in law as I will explain later to you but it is absolutely immoral, irresponsible.”
The justice minister said the interest of the country should always override one’s political ambitions, urging Zambians to always reject anyone who put themselves up for leadership but endanger such a kind of thinking.
Haimbe also said it is absolutely immoral and no way a means by which one can protect the interest of the Zambian people.
“It just smacks of selfish ambition which is going to injure this country if indeed we were to take that approach. Thankfully, the statement is completely a misnomer at law and it’s misleading to the people of Zambia,” Haimbe said.
He said the Constitution is absolutely clear, and there is no question about what is to transpire in the event that a member of parliament resigns from their seat.
Haimbe explained that Article 56 and 57 of the Constitution as amended by Constitutional amendment Act number 2 of 2016, is absolutely clear.
“When a member of Parliament seat becomes vacant, the next thing to be done is, there to be a by-election and so what she is effectively asking is that there must be a host of by-elections, and it is absolutely without basis or ground in the Constitution and the law to suggest that a resignation of those in the opposition would result in a Constitutional crisis no. Article 57 is very clear, it provides that where a vacancy occurs in the office of Member of Parliament, mayor council chairperson or counsellor a by-election shall be held within 90 days of the holding of that occurrence,” he said.
Haimbe however said, individuals who cause such by-elections are not eligible to stand again.
He said Article 56 was clear on the other hand as it states that a general election shall only be held after 5 years.
“So whether she believes that she can force an election, it is wishful thinking. The next general election where a new government whether it is ourselves who will continue in office or another set of administrators who will be elected, it’s only after five years. So let them leave with the fact that we have been elected by the people for five years until 2026,” he said.
Haimbe added that the by-elections which Imboela was proposing would simply cause a tremendous cost to the people of Zambia which it is supposed to be protecting.
He said even if the entire opposition were to leave, resigning from their seats as Imboela had suggested, the means by which decisions are made in Parliament are by simple majority other than where it is specifically provided for on certain thresholds.
“Those thresholds relate to, for instance Constitutional amendment of two thirds majority, impeachment or removal of immunity, one third majority. The rest of the decisions that are not specifically provided for are made on a simple majority. So even if the entire opposition were to leave the house including independent members of parliament, we have sufficient numbers as a ruling party to one, form a quorum, which will allow the business of the house to proceed and two, make a decision of a simple majority of those that are present on the day.
He said the opposition leader should read and stop alarming the nation with irresponsible statements.
“In other words, Saboi needs to read and stop alarming the nation by making such irresponsible statements,” said Haimbe.
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