"I am not qualified to stand as president because I am excluded by the same amended 1996 Constitution, which excluded Kaunda and excludes, as far as I understand, Given Lubinda and Mulenga Sata. Both your parents have to be Zambian. So [President Sata] is reluctant in my understanding to appoint someone who could be a target of a petition in the courts... If this man is not qualified to stand as president, how can we make him the Acting President? [President Sata] does not want to have a constitutional crisis, when he is somewhere else. So there is no big deal."
GUY SCOTT
(Source: The Post)
This is the clearest statement from Vice President Scott on the issue yet. The conclusion is actually wrong as many legal minds have made clear. For the simple reason that the person who fulfills the presidential functions is not an "acting president" in a legal sense. Such an office does not exist in the constitution. He or she merely mere fulfils the functions of the president with significant limitations (e.g. he cannot sack anyone). So the person need not be directly eligible to be president to fulfill those functions. They just need to be a government minister. The issue of standing as a president in an election is an entirely different matter.
[view whole blog post
]
 |
 |
 |
 |
 |
 |
|
See More
Report Abuse