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January 2012 Volume 39, Southern Africa

Zambia white VP in constitutional controversy

By Special correspondent   Thu, Jan 12, 2012

Zambia’s new vice president, Guy Scott, has walked into a legal brick wall as he cannot act as President in the absence of President Michael Sata.

Zambia white VP in constitutional controversy

Zambian law does not allow Zambians whose parents were not locals to assume the country’s highest office. Former Vice President George Kunda has insisted that his successor Guy Scott should go. His party is prepared to go to court to force him out. Kunda therefore advised President Sata to save the country the agony of going to court by relieving Scott of the position.

He says there is no way a country can have a vice president who cannot act as president when the president is out of the country. When Sata was in South Africa the finance minister was the acting president. But Scott, has said he is qualified to hold his position and said he was ready for a court battle.

Scott said Zambian law made it clear that he was eligible to hold his position, although he could not contest the presidency in the event of a presidential election. In an interview at his office yesterday, Scott said he was a Zambian by birth and had been in the country all along.
But his parents are not Zambians, making him ineligible to be president. The vice-president said that clause on parentage was introduced to specifically bar first Republican president Kenneth Kaunda from contesting the 1996 presidential elections.
 “In other words, if there is a presidential by-election, I can act as Republican president for three months, supervise the elections but I cannot be a candidate for presidency,” Dr Scott said.
 He said even before he was appointed vice-president, the matter was discussed by lawyers who explained that he was eligible for appointment.
 “He should also be very careful because people in Zambia do not like racism. Such sentiments in a way are racist, but let him go to court,” Scott said.

By Special correspondent

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