Cabinet vs Acting Republican President I have 6 questions in my inbox asking whether Cabinet can resolve to remove Dr. Guy Scott as Republican Acting President and whether his removal may amount to treason. And this is my opinion: First we must look at the constitutional provisions that has made Guy Scott the Acting President of the Republic of Zambia. Article 38 is clear: (2) Whenever the office of President becomes vacant, the Vice-President or, in the absence of the Vice-President or if the Vice-President is unable, by reason of 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 the office of President until a person elected as President in accordance with Article 34 assumes office. (3) The Vice-President or, the member of the Cabinet as the case may be, performing the functions of the office of the President under clause (2) shall not dissolve the National Assembly nor, except on the advice of the Cabinet, revoke any appointment made by the President. My opinion is A. When Guy Scott as Vice President begun to perform the functions of the office of the President, he had no physical or mental infirmity that disqualified him. These are the two grounds on which Guy Scott could be forbade to perform those duties. B. Appointments made by late President Sata can only be revoked by the Vice President perfroming the functions of the President ONLY on advice from Cabinet and nowhere does it say that Cabinet can resolve to remove the person acting as President within this period of 90 days. They can however recommend that a medical board be constituted to determine his physical and mental capacity which will be a ground for his removal MY CONCLUSION It goes therefore that if someone removed Guy Scott on the basis of a mere resolution of Cabinet discussion to which he was either part to or not part to, it may amount to a coup detat and one would have committed treason if that is the case. I know this opinion may sound unwelcoming and unpleasant to some of you but that is my opinion arrived based on the above provisions and analysis. My prayer is that no one must take the law in his or her own hands. We dont want to see people getting arrested and charged for treason at this point. I think everybody must stay calm and avoid actions that may bring more tensions in this nation. We have had enough already. The issue of Dr. Guy Scott acting as President of the Republic of Zambia is currently in court and I think people must wait for the outcome of that case without showing any desperation to remove Guy Scott based on simple resolutions. Dont say I didnt warn you. Acts of desperation may result in a chain of events that may plunge the nation into chaos. (This is my opinion and does not in any way represent the legal practice in Zambia, nor any of the current Associations and organisations I belong to; and those wanting to hear from lawyers, you can contact any person who is currently practising under the Zambian legal system)
Posted on: Wed, 17 Dec 2014 09:53:08 +0000
Trending Topics
Recently Viewed Topics
© 2015