We have two articles in the Zambian constitution. Article 33 describes the eligibility of candidates to contest presidential elections. This is the problematic clause where eligibility is limited to ones BOTH parents being Zambians by birth or descent. Article 38 deals with the Vice Presidents eligibility to act as president in the event of the incumbent presidents death or removal from office unless the Vice President is physically or mentally incapacitated to do so. Article 38 does not make reference to article 33. The Supreme Courts opinion was that the two articles are independent of each other. It is this independence that has enabled Dr Guy Scot to act for the next 90 days till elections are held but which makes him ineligible to contest the actual presidential elections after the expiry of 90 days. I hope this incongruence in the constitution will be amended by removing the parental clause in the near future. My view is that citizenship, once granted, should entitle one to all rights and obligations of a citizen without qualification. Any qualification would be discriminatory and inevitably put citizens into classes, with some citizens being more privileged than others. Our fight for emancipation was to eliminate all forms of discrimination. We know why this stupid incongruence was introduced in the constitution. Narrow minded persons wanted to eliminate political competitors who pose a potent challenge to their political ambitions. It is time to be forthright now and open the political landscape based on fairness and justice rather than narrow it based on spurious and selfish ambitions. Zambia is for proud and free citizens who have won freedoms fight.
Posted on: Fri, 31 Oct 2014 09:37:27 +0000
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