Tuesday, September 09, 2008

Rupiah can't avoid elections - Sangwa

Rupiah can't avoid elections - Sangwa
By Joan Chirwa
Tuesday September 09, 2008 [04:00]

PROMINENT constitutional lawyer John Sangwa has said it would be illegal and unconstitutional to allow Vice-President Rupiah Banda become President of Zambia without an election. Sangwa, in an interview yesterday, said there was no other method of ascending to the position of Republican President without an election, as required by the country's Con-stitution.

"The only way one can become President is through an election under the Const-itution of Zam-bia," Sangwa said. "There is no other way but through elections.

The President has to get his mandate to run the country through an endorsement from the people and this can only come about if an election is held. Therefore, there is no other method because that would be illegal and unconstitutional."

Sangwa also said the country's Constitution does not provide for a Vice-President to act as head of state.

"There is no provision for an Acting President in Zambia. What we have now is a Vice-President performing some of the functions of the office of President.

The Constitution does not provide for an Acting President," said Sangwa. "What the constitution has done is to allow some of the functions of the President to be carried out by the Vice-President."

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