Maravi

Presidential by-elections will be held within 90 days, assures Kunda

Presidential by-elections will be held within 90 days, assures Kunda
By Chibaula Silwamba and Joan Chirwa
Friday August 22, 2008 [04:00]

JUSTICE minister George Kunda yesterday assured the nation that all constitutional and legal provisions are being complied with following President Levy Mwanawasa's death. And Secretary to the Treasury Evans Chibiliti said there will be no slippages in economic management during the transitional period following the President's death.

Giving explanations on the constitutional provisions and the way forward in the succession process following the death of President Mwanawasa on Tuesday, Kunda assured that the presidential by-election would be held according to the Constitution.

He observed that following President Mwanawasa's death, numerous questions were being asked as to the present legal position of the government and the steps that need to be taken to move forward.

"It has, therefore, become imperative that I explain for the benefit of members of the public, who may have difficulties appreciating the legal position, the relevant constitutional provisions on who takes over when the President dies, the process leading to the assumption of office of the new President and related issues," said Kunda at a media briefing at his office after a Cabinet meeting.

"Under Article 38 (2) of the Republican constitution, if the Office of President becomes vacant by reason of his death the Vice President, or if the Vice President is absent or is unable due to physical or mental infirmity to discharge the functions of his office, a member of the Cabinet elected by the Cabinet shall perform the functions of office of President until a person elected as President assumes office."

He explained that Article 38 stated that if the office of President becomes vacant by reason of his death or resignation or by reason of his ceasing to hold office by virtue of Article 36, 37 or 88, an election to the office of President shall be held in accordance with article 34 within ninety 90 days from the date of the office becoming vacant.

"Ninety days refers to ninety calendar days. In this case, the ninety 90 days began to run on the 19th August, 2008 when President Mwanawasa died.

The period of ninety days includes Saturdays and Sundays as well as public holidays. It also includes the days of national mourning," Kunda explained. "After due consultation between the Ministry of Finance and the Electoral Commission of Zambia, the date for the Presidential election will be announced in accordance with the provisions of the Constitution and Electoral Act."

Kunda explained that since the death of President Mwanawasa on Tuesday, Vice-President Rupiah Banda took charge of the office of President in an acting capacity pursuant to Article 38 (2) of the Constitution.

"Neither the Constitution nor the Official Oaths Act provides for the Oath of office for an acting President," Kunda explained. "The Vice President Banda already subscribed to an oath of Office as Vice-President on assumption of that office.

He becomes Acting President by virtue of his being substantive Vice-President. Accordingly, there is no legal requirement for the Vice-President to take an oath as Acting President."

He said Vice-President Banda would be Acting President until a person elected as President assumes office, within 90 days after the death of the President.

He said acting President Banda could perform all the functions of the President except he could not dissolve the National Assembly nor could he, without the advice of Cabinet, revoke any appointment made by the President.

He said in all other respects the Acting President had full presidential powers.

He said the death of a sitting President did not entail a dissolution of Parliament, therefore there would be no general elections but just a presidential by-election.

Kunda further explained that whoever would be elected as President during the presidential by-elections would hold office for the remainder of the period before the next general elections in 2011.

He said the current National Assembly which was elected in 2006 shall stand dissolved at the end of five years of its life in 2011.

"General elections will then be necessary. This is because Article 88 (7) states that: 'whenever the National Assembly is dissolved under this article, there shall be Presidential elections and elections to the National Assembly and the first session of the new Parliament shall commence within three months from the date of the dissolution'," Kunda explained. "For the avoidance of doubt, elections to be held following dissolution of the National Assembly will include elections to the office of President even if the person to be elected will have served for only three years."

Kunda dismissed assertions that the government was trying to manipulate the Constitution so that Vice-President Banda could continue acting as President until 2011.

"We have no choice as a people of Zambia, we have to hold these elections; constitutionally we are bound to hold these elections and of course cooperating partners sometimes have supported us in holding these elections. So we believe in good governance, we believe in constitutionalism, therefore we are going to hold these elections within 90 days," said Kunda.

And briefing the press in Lusaka yesterday, Chibiliti said there were possibilities that some public officers would want to take advantage of the situation to abuse government resources.

"There may be some uncertainties regarding economic management and handling of public resources. Instructions have already been issued to the Central Bank Governor, the ZRA Commissioner General, Director General of the Zambia National Tender Board, the Accountant General and the controller of Internal Audits to be extra vigilant and ensure that government business is managed prudently in the interest of the public," Chibiliti said. "I would like to remind the public that the President fell ill whilst on duty and we will have to honour him by ensuring that we continue with prudent economic management and good governance in accordance with his vision.

The late Head of State had given the civil service the opportunity to run government without Cabinet during the 2006 elections, therefore, there is enough capacity in government to effectively implement programmes and ensure continued quality economic management."

Chibiliti disclosed that government would use some funds allocated to non-priority areas in this year's budget for President Mwanawasa's funeral and the presidential by-election expected in three months’ time.

Chibiliti said the current situation would inevitably impact on the implementation of the remaining part of the 2008 budget, as government would provide resources to cover national funeral expenses as well as fund the Electoral Commission of Zambia to conduct the presidential by-election.

"This will be done within the provisions of the 2008 budget by constraining non-priority expenditures and realigning of resources without resorting to un-programmed borrowing," said Chibiliti. "To avoid disruptions of the budget cycle, preparations for the 2009 budget will continue with guidelines of the Medium Term Expenditure Framework (MTEF) for the period 2009 to 2011 and in accordance with the Fifth National Development Plan (FNDP)."

Labels: BY-ELECTIONS, GEORGE KUNDA, PRESIDENCY

posted by MrK @ 5:05 AM