By Daily Revelation Reporter
Stakeholders are pushing back forcefully against President Hakainde Hichilema’s latest argument that there was a possibility of the country not holding elections in the next 8-9 years because of constitutional lacunas.
This is the latest argument from the President on the same constitution which ushered him into office in 2021, and comes amidst reports that he is attempting to amend the constitution that would best serve his personal interests better.
His chief opponent, former president Edgar Lungu escoriated him yesterday over his lacuna arguments, urging Zambians to stand and oppose the latest manoeuvres to mutilate the constitution.
He said the President was doing so because he had realised that his five year term had moved so fast and was trying to find ways of extending his stay.
“Zambians, UKANI and stop this dictator in the making from tampering with the Constitution in order to extend his stay in power. He thought 2026 was very far. Here it is; 2026 KUYA BEBELE!!
There is no lacuna to cling to,” Lungu argued.
He described Hichilema of having little knowledge on the law, something he said was very dangerous.
“As he officially opened Parliament today, he talked about lacunae in the Constitution that need to be addressed because some of them could lead the country to NOT having elections for 8 or 9 years.
Such a reckless statement should not be allowed to come from the mouth of a Head of State,” Lungu argued. “To start with, what is a lucuna in the context of the law? Simply speaking, a lacuna refers to a “deficiency” or “gap” in the legal system or a law. In common or lay language, when we hear people say the law is “silent” about a particular matter, they are basically talking about the “lacuna” in the law.’
He stated that the constitution amended in 2016 was unequivocal about holding elections
“This is the Constitution that has been credited with the unprecedented prescription of even the date for General Elections,” Lungu stated. “So can Mr Hichilema disclose the actual gaps in the Constitution regarding the holding of elections which he referred to before he excites unnecessary debate about the extension of his stay in office knowing that his days are numbered?”
He argued that the argument from President Hichilema rendered credence to talk that he was planning on extending his term from the current 5 to seven years.
Socialist Party leader Dr Fred M’membe described the President’s argument as nonsense.
“Mr Hakainde Hichilema has been denying that he wants to amend the Constitution to abolish the 50% plus 1 requirement for electoral victory, the running-mate clause, and remove the five-year presidential term limit and introduce a seven-year one,” Dr M’membe argued. “Now, Mr Hichilema wants to amend the Constitution because there’s some lacunae that could lead the country to not having elections for eight or nine years. This is nonsense. There’s no lacuna about when the elections should be held in this country. Probably, the lacuna on this, only exists in his head.”
M’membe stated that Hichilema was using a term, lacuna, whose legal meaning he does not understand.
“A ‘Lacuna’ in law is the term given to any situation where there’s no applicable law in place. This situation is also less commonly described as a ‘non liquet’. The Latin meaning of this being ‘it is not clear’,” he stated. “It is a matter where currently no law exists. A ‘lacuna’ highlights an area that requires more clarity and should be governed by the law in the future. And there’s clearly no lacuna in the Constitution as to when elections should be held.”
He stressed that Article 56 of the constitutional clearly spelt out when the elections should be held.
“In his head, Mr Hichilema sees a lacuna in this, and wants to change this from every five years to every seven years. The only lacuna here, is in his desire to increase the presidential term of office from five to seven years, and not in the Constitution,” M’membe stated. “In Articles 47(1) and 101, the need for 50% plus 1 is clearly spelt. In his head, Mr Hichilema thinks he can win with less than 50% instead of 50% plus 1. This is the lacuna in his head and not in the Constitution.”
He stated that Hichilema seemed to have a problem with a Republican Vice-President who was elected by the people in preference to the one he would easily appoint or remove.
“But he is cheating himself with all these “blatant power grab” manoeuvres, which have the potential to weaken our democracy and provoke political instability due to public anger,” M’membe stated. “Mr Hichilema should know that the Zambian people won’t allow him to temper with the Constitution, and attempt to sneak in a third term of office by the back door. He won’t succeed. He is cheating himself. He is playing with fire.”
He dared Hichilema to try and defer the 2036 elections for the right or nine years and see what would happen.
“Batila mwikala patalala mwine apatalalika. Mr Hichilema is pushing his luck too far. Kalulu tapusuka mipya ibili. Dishonesty is like a ring of fire that eventually will spread and ensnare you,” M’membe stated. “Mr Hichilema has deceived Zambians enough. They now know who he is and ubucenjeshi tabulwila libili. You can only use deceit to get out of a situation once. Once people discover your dishonesty, you will not be able to fool them again.”
He urged President Hichilema to simply deliver on the many promises he gave to the Zambian people rather than trying to prolong his stay in office.
“When time is over, it’s over!” stated M’membe.
