The Death of the President: Constitutional Crisis

Plot Summary
A country faces economic sabotage by a corrupt regime that has taken over the
interest and affairs of the state, amid an upcoming crucial elections. Despite efforts
by the corrupt regime to win support from the electorates, the people are so keen
for a regime change and are putting their hopes on one outspoken politician who
offers hope to many citizens. Mr. Dickson Mudenda, is seen to be the main
challenger to the incumbent and because of his vast experience in politics and
working in the government, he has the authority to drive the economy once voted
into office. With the elections around the corner, the opposition leader keeps pulling
up crowds at rallies and make numerous promises that offers a sigh of relief from
poverty and lowering the cost of living.
The incumbent president, H.E Mr. Charles Kabale, tries every efforts to
ensure he manipulate the election results to his favor, but the will of the people
cannot be influenced by the cheap political propaganda by the ruling party.
International media coverage’s shows that the opposition leader is leading in the
early vote counts and this sends jubilation among his supporters, while the country
awaits the official announcement of the results. Eventually, the final results are out
and Returning officer Rt. Hon. David Walubita, declares Dickson Mudenda as
a duly elected president while the incumbent president concedes defeat and a
successful handover of power is held with other world leaders and business
executives congratulating the newly elected president, H.E Mr. Dickson
Mudenda.
The president get to task with a robust swift to clean up his predecessor’s
corrupt schemes as well as putting up a formidable team to drive the country’s
economy to the expectations of the people. During his first 100 days in office, he
makes sweeping changes at the three organs of the government as well as the defense
and security wings and makes formidable appointments of his cabinet as well as the
Judiciary of trustworthy persons to run the affairs of the country. This results in an
unprecedented economic and infrastructure development and the country recovers
from the high cost of living. Following his first year in office, the country economy
stabilizes, while more investors’ confidence continues to win favor across the world.
There is massive economic growth under his leadership.
It is a busy day as usual for H.E President Dickson Mudenda at state house.
State house staffs are busy preparing for the days presidents assignments. His day
begins with the president having his breakfast with his immediate family members,
two sons and three daughters in a very jovial mood. After his breakfast, the president
gets busy with the business of the day at his office, and begin with making several
calls to his ministers and other senior government officials before attending to his
appointments.
The president instructs Jack Phiri, his Press Secretary to alert the media of
his plans to deliver the Christmas message to the nation in the afternoon. The
president also has a briefing from his Chief Medical Surgeon, Chapinda Zulu on
the status of his request for approval to go outside the country for a routine medical
treatment. He speaks to the Inspector General of Police, Mr. Ngoma
Wamulume on some security concerns as well as the Director of Security
Intelligence Service, Mr. Kambaile Juma.
After a successful of phone calls with some of his ministers, the president
makes four appointments in the morning and three others in the afternoon with
some of his cabinet ministers. The president now requests for the appointment with
the minister in-charge of social services, Hon. Victoria Mulinda. The Hon.
Minister indicates a number of positive developments towards her ministry and the
on-going plans to rehabilitate some communities in order to have an easy access to
social services.
Barely 13 minutes into the appointment, the president suddenly develops an
unusual posture of motionless in his seat which frightens the minister and she calls
for help from the president’s ADC. At this point, the ADC calls the president
personal physician, Dr. Rueben Mupeso, and the presidential grand commander,
Erick Mulenga. Dr. Rueben has noticed that the president is breathing with
difficulties and that he is not blinking. The ADC tries to talk to the president, but
there is no response and at this point, the president is breathing heavily.
Upon realizing the gravity of the situation, the ADC carries the president to his
office where they lay him on the carpet and loosened his jacket and removed his
wrist watch and took off his shoes. Dr. Rueben tries to check his pulse and his
blood pressure and then recommends that an ambulance be brought so that he can
be rushed to the hospital. At this point while the president is been carried to the
ambulance, he is still gasping for breath and groaning deeply. Arrangements are been
made and while on the way to the hospital, Dr. Rueben is trying to do what can be
done to ensure the president is breathing. Meanwhile, the president press secretary,
Jack Phiri has just informed the health minister and the first lady of the
developments, who was at state house attending to her morning appointments.
Upon arrival at the hospital, the presidential ambulance goes straight to the
casualty section and the president is taken to the ICU and immediately medical
examinations are commenced. Despite all efforts in trying to resuscitate the
president, he is still in motionless when they arrived at the hospital. While efforts are
been made, some doctors at the hospital are of the view that the president was
already dead.
 The head of surgical department together with the hospital director calls for a
briefing in the office where the Ministers of Home Affairs, Minister for Information
and the Minister for Education are advised of taking up some other measures. The
three ministers upon sensing that the president may not make it, they discuss this
matter as they were sitting in the Hospital Director’s office. They wonders what is
going to happen in the country, in terms of succession, bearing in mind that the Vice
President, Hon. Mr. George Makeleta, had left the ruling party and had formed
his own opposition political party.
Meanwhile, the three ministers arranges for an evening meeting at the house of
Hon. Dr. Mutiti Mubita, in the company of the attorney general, where the issue of
succession was raised again. The attorney general advises the three Ministers that the
Vice President, Hon. Mr. George Makeleta, is the rightful person to succeed the
President. At this meeting, they go through the Constitution to try and find a way of
stopping Mr. George Makeleta from ascending to the office of President. They
discusses finding a way to seek interpretation of the court on the matter bearing in
mind that Mr. Makeleta was not a functional Vice President as he was outside
Government having formed his own party, which stood in opposition to the ruling
party, the In pursuing this legal route, it was considered that a court injunction
against the Vice President’s ascendancy to the office of President would be obtained
pending the determination of the matter. Their plan is to proceed on that route and
invoke section 85 of the Constitution as soon as the injunction is obtained. This will
allow Cabinet Members to proceed under section 85 of the Constitution to choose
an Acting President and an Acting Vice President from among themselves.
The next morning, cabinet secretly agrees that the president’s body be taken to
India for some specialized treatment. In order not to alarm the situation, it is
resolved that the president’s departure for India should be in secret and presume
that he is around the country. Senior army personnel’s together with other cabinet
ministers ensures that they coordinate the proper airlifting of the president’s body
to India and a delegation of cabinet ministers headed by the Health Minister
accompanies the first lady and the son to India.
News about the illness of the president and a possibility for a cover-up began
to spreading so fast with some local T.V and radio stations claiming that the
president has died. Among other reports, the station confirmed that there were
indeed some unusual activities at the hospital that pointed to the fact that the
president or a very senior government official was taken ill.
As the day progressed, strong rumors starts growing to the extent that social
networking internet sites started posting comments about the illness of the
president. Late in the morning of the same day, former republican president, H.E
Mr. Charles Kabale, addresses a press conference at his farm house calling for the
respect of the constitutional order in the country following the events surrounding
the illness of the president. He notes that the law is clear on the issues of succession
of power in the event that the incumbent was not able to perform his duties.
In recent times, the president has been having differences with his vice-
president, Hon. Mr. George Makeleta, and was expelled from the ruling party,
but since he was an elected vice-president, he continued to serve as one, and formed
his own political party. That same afternoon, civil society organizations holds a press
conference where they issue a statement for the proper constitutional order to be
observed in the country during the time by all in authority.
Later in the afternoon, the vice-president holds a press conference which is not
aired on the national broadcaster and advice the nation to be calm during this time
and confirms that the Indian government was updating him on the status of the
president. He further informs the nation that the president is incapacitated and that
the constitution will have to take its course.
However, in the evening, a group of cabinet ministers, issues a different
statement on the national broadcaster castigating the earlier statement made by the
former president and the vice-president. They also informs the nation that the
conduct by the vice-president to form his political party does not make him qualify
to succeed the president. Following that announcement, the ruling party members
decides to appoint an acting party president and vice president and it is agreed that
Hon. Dr. Mutiti Mubita be an acting president for the party.
The law society unwelcomes the statement made by the cabinet ministers in
relation to the succession and they quickly issue a strong warning against attempts
to subvert the country’s constitutional order. Meanwhile, until this time, there is yet
no official statement on the death rumors of the president but news confirming his
death has quickly spread across the country but no official notification is issued from
the government.
This action is thought by those close to the office of the presidency as unusual.
This failure to announce his death results in speculation over the real health of the
president and whether the succession procedures would be followed as outlined in
the constitution. According to the constitution, the vice-president takes over but
there has been no official word on a successor or communication with the vice-
president.
The chief government secretary Dr. Ben Musenge, then makes an official
announcement confirming that the president had suffered a heart attack and died in
India two days after his official death. Following the official announcement of the
death of the president, the army commander orders the army to switch to the home
of the vice president as with regard to the constitution.
 Minister of International Relations, Hon. Dr. Mutiti Mubita calls for a private
meeting with the Attorney General, Ezekiel Mwenya, Army Commander Gen.
Kasongo Mikalile, Finance Minister, Albert Muchenga and the Information
Minister Mr. Mwiza Siapande to review the events of the day and continue on
their planned unconstitutional way of succession. The attorney general informs the
gathering that drafting of the court document to bar the Vice-President from
ascending to power is underway and they expect to file them the next morning at
the constitutional court.
At this time Dr. Abraham Chibitiko, the ruling party legal advisor who is
tasked with drafting the documents, is advised that the affidavit in support of the
application was going to be signed by Hon. Dr. Mutiti Mubita. He accordingly
proceeded to Dr. Mubita to have the affidavits signed. Hon. Mubita asked him what
the documents were about. After Dr. Chibitiko explained what the document were
about, Hon. Mubita refused to sign them and asked Dr. Chibitiko to give them to
the Minister of Justice. Dr. Chibitiko reported accordingly to the Minister of Justice
and to the Attorney General. However, in his view, the Minister of Justice thinks
that there is nothing they could do if there was nobody willing to sign the court
affidavits because he too declines to sign them.
In a desperate attempt to do what can be done, a meeting is convened at the
house of Dr. Mubita where it is agreed that they should still proceed and get an
injunction against the swearing in of the Vice-President pending court interpretation
of the Constitution on the matter. They resolves that they should retain a private
practice lawyer to take up the matter. Accordingly, they contacts Mr. Chongololo
Mulinda, a private practice lawyer.
When Mr. Chongololo reports at the house where the ministers are gathering,
he is briefed about the matter. However, he advises the meeting that it was not
possible for him to take instructions on the matter because, among other things, it
was too late. He further advises the meeting that in view of the so called “Injunctions
Law”, which required three days prior notice to apply to court for an injunction
against the Government, he did not see any possibility that the court could quickly
rush and issue such injunction ex-parte.
Meanwhile, international message of condolences and sympathy are been
poured out from other world leaders and high profile personalities on the untimely
death of president Mudenda, while foreign missions around the world opens a book
of condolences for people to eulogize the late president. Regional leaders from
South Africa, Angola and Tanzania reacts to the unfolding of the events and
continue to call for the respect of the rule of law and allow the order of succession
as outlined by in the constitution. South African President, H.E Jacob Zaza warns
of stain sanctions if the constitutional order is abrogated.
 In addition to South Africa, the Southern African Development Community
(SADC) also warns the people trying to push for unconstitutional changes of
government which would not be tolerated. United Kingdom Ambassador H.E
Ian Ferguson said: “We call for the proper succession of power and urge all parties
to reconcile their differences through the democratic process”. Zimbabwe’s
Foreign Affairs Minister Mpofu Mundinde called the situation "a setback and
danger to the entrenchment of democracy and constitutional rule on the continent
which should not be allowed to take root. He notes that his country has also led the
call for sanctions against the people involved and a possible criminal prosecution for
such people.
Early in the morning, the Attorney General, Justice Ezekiel Mwenya, SC,
calls the Minister of Justice, Hon. Kelly Wampamensa, and repeats his advice that
the Constitution is clear on the matter. He informs the Minister that he would resign
if he was forced to proceed to court. The Minister agreed with the Attorney General
on the legitimacy of the court case. They resolved that the documents were not going
to be filed in court that morning or at all. The Solicitor General, Mr. Abraham
Monde, then consults with the Tanzanian president who in his capacity is the
chairperson of SADC organ on politics, defense and security who assures him of
SADC support and a military intervention should the situation gets out of hand. He
further suggested that they seek an opinion of the UN country representative on the
matter. He then briefs all cabinet ministers on suggestion he had with the Tanzanian
head of state. The ministers agrees with the suggestion to see the UN representative,
who agrees to negotiate with the vice-president. The meeting to ask them to pass
the message to the Vice President that they were not going ahead with the injunction
case and would want to discuss how the country can move ahead.
At the next Cabinet meeting all members of the Cabinet were given a chance
to speak. They each and individually pledged their support to the Vice President.
They rescinds their earlier decision to contest his ascendancy to the presidency. They
all agreed that the Vice President should be sworn in as President on that day. During
the Cabinet meeting, a funeral committee is appointed by the Vice President.
The new president is sworn-in around 14:00pm at parliament building by the
Chief Justice, Justice Evans Mwaunda. The president’s remains returns back
from India and a 10 days national mourning is accorded in order for the public to
view the body. A military burial sendoff of the president takes place and is attended
by several regional heads of states and government and foreign dignitaries.
The new president affirms the continuation of the late president legacy as well
as uniting the country following the death of its president. This move sets a new
political dispensation in the country and makes the country to move forward.