Wednesday, January 20, 2010

Kunda should be ashamed of his hypocrisy – Sata

Kunda should be ashamed of his hypocrisy – Sata
By George Chellah
Wed 20 Jan. 2010, 04:00 CAT

PATRIOTIC Front (PF) leader Michael Sata yesterday said Republican Vice-President George Kunda is an aptitude political mercenary who should be ashamed of his hypocrisy.

And the Law Association of Zambia (LAZ) president Stephen Lungu said LAZ still stands by the resolutions of the 1996 extraordinary general meeting when Vice-President Kunda was its chairman.

Commenting on LAZ's resolutions, which were passed at an extraordinary general meeting on August 10, 1996 when Vice-President Kunda was the association's chairman, Sata said it was interesting to note that Vice-President Kunda has changed his position on certain issues that he fully supported in 1996 when he was at the helm of LAZ.

"Chifumu Banda, George Kunda and several lawyers including Mwangala Zaloumis, they are members of LAZ and they are part and parcel of that institution. In 2005, when PF went to say they wanted 50 per cent plus one, we were ignored. George Kunda was there and he didn't support us.

Now if they can ignore their own resolutions with impunity, what do you expect?" Sata asked. "George Kunda, from what we are seeing now, everything from that LAZ resolutions of 1996... him not honouring the meeting which he chaired as LAZ chairman, then you start wondering, is he a political mercenary or is he misleading or misguiding Rupiah Banda as he used to do with Levy Mwanawasa?"

Sata said there was need for Vice-President Kunda to be consistent and sincere. He said Vice-President Kunda was an aptitude political mercenary that should be ashamed of his hypocrisy.

"He is a political mercenary, an aptitude political mercenary who should be ashamed of everything he is doing because he is not sincere and he was not sincere to Levy Mwanawasa," Sata said. "And you can't blame Rupiah for not honouring the legacy of Levy Mwanawasa. George Kunda was the legal architect behind Levy Mwanawasa.

George Kunda worked for Levy Mwanawasa and Mwanawasa made George Kunda what he is today. But he is not ashamed, he cannot protect the legacy of Levy Mwanawasa. He is just there. We don't know what he is there for."

And Lungu said LAZ still stood by its resolutions of the 1996 extraordinary general meeting.

"I will still stand by the position taken by LAZ in 1996 because some of the issues raised in 1996 are some of the issues that even LAZ submitted to the National Constitution Conference (NCC) in this constitution-making process," Lungu said.

According to the resolutions that were passed at an extraordinary general meeting in August 1996, which were later issued and signed by the then chairman Vice-President Kunda, LAZ resolved that: "Article 34 (8) which provides that a "Returning officer shall declare a candidate who receives the highest number of votes cast to have been dully elected as President", departs from the long established fundamental requirement of law since independence in Zambia that a Presidential candidate must receive more than 50 per cent of the valid votes cast. It is inconceivable how a President who fails to marshall more than 50 per cent of the valid votes cast can have legitimacy to govern."

LAZ further noted that: "While the association acknowledges the fact that the government removed from the Constitutional Bill clauses which would have eroded the independence of the judiciary, actual threats against judges have not abated; going by the recent public statements and pronouncements by government/political leaders. Some of these wild public outbursts on the judges have tended to erode the autonomy, impartiality and tenure of the judges."

On the Bill of Rights, LAZ resolved that: "Part III of the Constitution of Zambia Act Number 1 of 1991, which contains the Bill of Rights has been illegally altered or amended without holding a referendum as prescribed under Article 79 (3) of the same 1991 Constitution, for example, whereas Article 21 (1) of the 1991 Constitution provides 'Except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association, that is to say his right to assemble freely, and associate with other persons and in particular to form or belong to any political party, trade union or other association for the protection of his interests.'

Article 129 of the 1996 Constitutional Amendment on the other hand provides that: 'A person shall not while remaining a chief join or participate in partisan politics'."

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