Q FM Africa's Modern Radio
Patriotic Front Media and Publicity Vice Chairman Sunday Chanda
The Foundation for the Democratic Process (FODEP) has maintained that former Lusaka Mayor Mulenga Sata does not qualify him to be a nominated as a Member of Parliament because he participated in the 2011 General Election.
And the organization has challenged Patriotic Front Media and Publicity Vice Chairman Sunday Chanda to provide to the nation the provision in the constitution that states that only parliamentary losing candidates are ineligible for presidential nomination to the National Assembly of Zambia and not winning candidates at Local government level following his defense of Mulenga Sata as deputy minister at state house.
FODEP Executive Director Macdonald Chipenzi in a statement says following Mr. Chanda’s defense of the appointment of Mr. Sata as Deputy Minister at State House despite him being a candidate in the 2011 election in alleged contravention of the provision of Article 68 (3) of the current constitution, FODEP would seek the legal opinions of the Law Association of Zambia (LAZ) and the Attorney General of the Republic of Zambia.
Mr. Chipenzi says Article 68 (3), clearly states “A person may not be nominated as a nominated member if he was candidate for election in the last preceding general election or in any subsequent by-election citing that the constitution just states “candidate for election in the last preceding general election or any subsequent by-election” and it does not discriminate whether one was candidate for election at local government, parliamentary or indeed presidential elections to be ineligible for nomination.
He adds that the constitution does not state that one must be a parliamentary losing candidate to be ineligible for nomination or a winning candidate at ward level to be eligible adding that it is a known fact that Mr. Sata was candidate in the 2011 elections at ward level and won the Kabulonga Ward seat which preceded his appointment to the position of Deputy Minister at State House and Nomination as member of the National Assembly of Zambia.
Mr. Chipenzi says Mr. Sata is still a serving councilor at the Lusaka City Council a position he has not relinquished even after being appointed Deputy Minister at State House and nominated Member of Parliament explaining that even if he was to relinquish his position, the cited article does not qualify him to be a nominated parliamentarian due to his participation in the preceding general election.
He points out that this is the first time in the recent history of this country where a serving councilor is nominated to serve as MP representing a ward in Parliament.
Mr. Chipenzi further states that the level of competence in ignorance by Mr. Chanda is extremely amazing and PF should be worry of such elements in their ranks stressing that.
Mr. Chanda is not a Government Spokesperson or indeed legal advisor to the Government or State House spokesperson to start responding to government related issues.