Maravi

Sata's threats against Nzamane, Madzimawe dictatorial - Miyanda

Sata's threats against Nzamane, Madzimawe dictatorial - Miyanda
By Speedwell Mupuchi
Mon 20 Feb. 2012, 11:59 CAT

BRIGADIER General Godfrey Miyanda has described as arbitrary, dictatorial, illegal and unconstitutional President Michael Sata's threat against chiefs Nzamane and Madzimawe for allegedly threatening Paramount chief Mpezeni.

In an open letter to the Law Association of Zambia over the matter, Brig Gen Miyanda quoted President Sata indicating that the two chiefs had committed some serious crimes warranting the invoking of some provisions of the chiefs Act, with a further threat to resuscitate them to an area outside their ancestral areas.

He said President Sata's threats were inconsistent and contradictory following his and his party, the PF's opposition to threats by former president Rupiah Banda to dethrone chieftainess Nkomeshya Mukamambo II.

"I contend that the President's intention to dethrone the two chiefs is without proper or plausible grounds. Further, it was uncalled for to publicly dress down the chiefs in front of the whole Zambia," according to the letter. "Unfortunately, such have a tendency to grow louder and bigger and create fear and tension in the nation."

Brig Gen Miyanda urged LAZ to show leadership and provide appropriate direction on pertinent legal controversies and come to the aid of any citizen under threat of abuse of power or executive excesses.

He also urged all chiefs to stand in solidarity with each other to resist "dictatorial and divisive tendencies that threaten the unity of the country".

He also urged Minister of Justice Sebastian Zulu to stop being a spectator when the Executive was acting in an arbitrary and dictatorial manner, and that unless he had some private interest to protect, he should provide timely and professional advice.

Brig Gen Miyanda contended that the President does not possess powers to arbitrarily remove a chief from their hereditary station under the guise of "withdrawing recognition".

He said if President Sata proceeded with the threat, he would be acting illegally and unconstitutionally.

"I contend that there is no law that gives the President any blanket authority over traditional affairs, especially the ascendancy and succession of chiefs in Zambia. Proper procedures must be followed before the relevant powers are invoked; from his very angry attack on the two chiefs, it appears he has already made up his mind about their guilt!" he said.

"Clearly, the President has misconstrued the letter and spirit of the Republican Constitution vis a vis the resolution of disputes in a traditional setting in Zambia."

Brig Gen Miyanda contended that reliance on the chiefs Act for the crimes alleged by President Sata was misconceived because the sections relied on were repugnant to Article 127 of the Constitution of Zambia.

He also said the procedure adopted by President Sata to publicly lambaste the two chiefs during an unrelated swearing-in ceremony of ambassadors was contrary to the current law and practice regarding traditional affairs and lacked transparency.

"In fact, it is intimidating (as opposed to being inquisitorial) and has presumed, without hearing the two chiefs, that they are guilty as alleged by whoever is their accuser," Brig Gen Miyanda stated.

He contended that the power to recognise does not mean power to remove a chief solely by presidential decree or even to dissolve a chieftaincy.

He stated that even assuming that the two chiefs threatened chief Mpezeni, there were other ways of dealing with it.

"And in all of them it is undesirable for the President to be an active participant. For the President to be active in the early stages of a traditional dispute is what creates a personality cult that leads to patronage which further slows down democratic development because citizens revert to the President whom they begin to worship as some sort of a god!" Brig Gen Miyanda stated.

He also urged chiefs to speak out against arbitrary Presidential decrees, saying there was no Zambian without a village.

"The President is just one of the villagers. As a result of the elections, he has become the number one servant of the people. All bona fide Zambians must condemn any arbitrary, divisive and dictatorial tendencies," stated Brig Gen Miyanda.

Labels: CHIEF MADZIMAWE, CHIEF MPEZENI, CHIEF NZAMANE, CHIEFS, EASTERN PROVINCE, GODFREY MIYANDA, LAZ, MICHAEL SATA

posted by MrK @ 1:38 PM