GUY SCOTT ABANDONED BY PF CONSTITUTION; RESORTS TO MILITARY FORCE. BY MAURICE MAKALU Within moments of Edgar Lungu being declared elected President of the Patriotic Front, FORMER acting president, Guy Scott, held a press briefing at which he announced that the election was null and void as it was illegal. His main argument was that only him as president had powers to convene the National Council, a body of PF elected officials such as MPs, Ministers, members of central committee, provincial and district officials. The national council vets all presidential candidates and those approved then file nominations with the party electoral body, accompanied by 20 supporters from each province. Then the general conference proceeds to an election. GUY SCOTT’S CONSTITUTIONAL POWERS Under the PF constitution, Article 61 says, The President of the party shall: (d) Convene meetings of the Central Committee and National Council; (e) Exercise discretion in regard to items for discussion by the Central Committee or the National Council and May after explanation to the appropriate body, delete any item from the agenda of a meeting; Guy Scott is relying on these provisions when he declares Lungu’s election illegal. GUY SCOTT’S POWER ABANDONED HIM These provisions, however, abandoned Guy Scott the moment he decided to stay away from a legitimately convened general conference. Because of the following: 1. Article 58(K) empowers the central committee ALSO to convene national council (or general conference). It says, “Central Committee shall have power of summoning regular or extraordinary meetings of the National Council or the General Conference.” But since Guy Scott convenes the central committee, he may argue he never convened a central committee meeting that called a national council. This leads to point 2. 2. PF Chairman has presidential powers over national council in the absence of president. Article 55, duties and functions of the chairman says: (b) In the absence of the President and Vice President, the National Chairman shall perform ALL the duties and functions of the President or Vice President as the case may be; (c) To preside over national rallies and public meetings convened by the Party of meetings of the Party and meetings of the Convention. The question, therefore, is: Was the president absent from a legitimately convened general conference? Yes. The whole nation was shocked, the delegates felt insulted. Were there any functions he needed to perform as president? Yes… like calling a national council or a central committee meeting which would call for a national council. Does the constitution provide for continuation of party business in the absence of a president? Yes. So were those presidential functions performed by a person empowered by the constitution to exercise ALL presidential powers in the absence of the president? Yes… by Inonge Wina, National Chairperson. So what is Guy Scott’s problem?! He was just AWOL, period! His powers, therefore, constitutionally passed to the National Chairman. ILLEGAL DELEGATES But there were “unknown” people attending the conference. So the conference is illegal. How do you know when you did not even pitch up! Do you know everybody in Zambia by face and name? You used heavily armed police escort to send Masebo to disrupt the conference election, why did you not use the same security earlier to sort out the legitimate from illegitimate delegates? I cancelled or postponed the meeting. But the president has no power to cancel a general conference. Three live bullets were fired by Masebo’s police at innocent, peaceful and unarmed citizens doing a legitimate job all because somebody whose constitutional power had lapsed wanted to force his way. Party meetings took place in a military barracks, for the first time ever in peaceful and democratic Zambia, and an entire half of Kabwe town was under military lock down. ZNBC reported that 300 police were assigned to protect the acting president. What was so difficult about going to Mulungushi Rock with the same security with a valid register and call out the valid from the invalid delegates? The conference was raining peace and order and everybody was in high spirits, eager to do the right thing. WILL PF CONSTITUTION BE RESPECTED? The PF Constitution says: Article 46 General Conference (1) The supreme policy-making organ of the Party is the General Conference. The high court cannot nullify decisions of the Supreme Court, it is blatantly unconstitutional. Article 47 Decisions of the General Conference The decisions of the General Conference shall be valid and obligatory for the Party and may only be revoked or altered by the General Conference. The general conference ordered Guy Scott to hand over party instruments of power to Edgar Lungu. We wait to see how such resolutions of a legitimate conference will be treated by people claiming to stand on the PF constitution. LESSON FOR THE NATION The confusion Guy Scott is causing in PF while hiding behind police and military guns is further evidence that we seriously and urgently need a new constitution in this country. Ordinary citizens like Sylvia Masebo cannot be moving under tax payer’s money of heavily armed police guard all because they are peddling agendas of people with police and military power at their command. PF is a private organization. They can go to court when they have differences; rather than one side abusing state media and security to gain an undue and unconstitutional advantage. We must make the national constitution as well to abandon leaders like Guy Scott, who disrespect structures, offices, organs and institutions established and empowered by the same constitution that establishes the very powers they purport to exercise unilaterally. When we do that, we will empower state media, police, military and other security wings to exercise their professional judgment and say no to orders that abuse authority and serve private instead of public interest, without fearing for their jobs. CONCLUSION Power comes from the people one leads. When, as a leader, you start hiding behind the police and the military in fear of your people, it is time for soul searching. It means the people are no longer with you; and the power they bestow is no longer yours. Give it up!
Posted on: Mon, 01 Dec 2014 10:19:11 +0000
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