THE courts should interpret the law whether Vice President Guy Scott who President Michael Sata found incapable of acting as Head of State can take over after his death, says Zambian Voice executive director Chilufya Tayali.
And Heritage Party (HP) president Godfrey Miyanda has said Dr Scott did not qualify to act as President nor was he eligible to contest the presidency under the current Constitution.
Meanwhile, veteran politician Vernon Mwaanga has observed that the Patriotic Front (PF) Cabinet has gone against President Michael Sata’s wishes by appointing Dr Scott to act as Head of State and the safest way of resolving this constitutional challenge is to seek the interpretation of the courts of law.
Mr Tayali said he was going to court to seek clarification on whether Justice Minister Edgar Lungu legally handed over the instruments of power to Dr Scott who President Sata did not see fit to act as Head of State.
He said he wanted the courts to determine whether Cabinet was in order to allow Dr Scott to take over the office of the President when President Sata left Mr Lungu in charge of State affairs.
Mr Tayali said his view was that since President Sata left the instruments of power with Mr Lungu, he should have been allowed to preside over the mourning period and the Presidential election within 90 days so that he could had over the instruments of power to the next head of State.
He argued that only a substantive Head of State could receive the instruments of power from an acting President and not the Vice President who Mr Sata never saw fit to hold the office in an acting capacity.
And General Miyanda said Dr Scott did not qualify to be President under the current Constitution and it was therefore inconceivable that Cabinet could allow the Vice-President to act as President.
Gen Miyanda observed that Dr Scott did not even qualify to be appointed Vice-President and that it was not correct to allow him (Scott) to act as President.
Meanwhile, Dr Mwaanga said President Sata did not appoint Dr Scott to act as President for the last three years because he had good reasons to believe that the Vice-President was not eligible to be appointed as acting President.
Dr Mwaanga said what was surprising was that Cabinet decided to take away the instruments of power from Mr Lungu barely a day after the death of President Sata.
He said the PF Government had gone against President Sata’s decision of not allowing Dr Scott to act, adding that the Head of State had many opportunities to appoint his Vice-President to act but did not do so for good reasons.
He explained that what should be understood and known was that the advice the Attorney-General Musa Mwenye gave to Cabinet that Dr Scott should be the acting President could easily be challenged in the courts of law.
Dr Mwaanga stated that what Mr Mwenye told Cabinet was only an opinion that could either be taken or ignored and hoped that Government should have thought through the advice thoroughly before accepting such advice.
And Movement for Multi-Party Democracy (MMD) publicity secretary Alfred Ndhlovu said the decision to have Dr Scott as acting president was driven by the Attorney and Solicitor generals for unknown reasons.
He said Zambians cannot accept to see the law being violated by certain individuals.
Mr Ndhlovu said the law must be read and interpreted in its totality in relation to other clauses.