The Young African Leadership Initiative has argued that President Edgar Lungu should continue to perform the executive functions as republican president until the president-elect is sworn into office as per Constitution of Zambia, as amended even after the opposition files its petition against his re-election.
YALI Governance Advisor Isaac Mwanza said the YALI legal team has carefully studied Article 101 to Article 104 of the Constitution of Zambia, as amended, and their conclusion is that any petition brought at this stage when there has not been any re-run will be brought under Article 101 clause 4 of the Constitution.
Mr. Mwanza explained that under this clause, there is no provision for the incumbent who has been declared President-elect under Article 101 clause 2 to step aside and allow the Speaker of the National Assembly to perform executive functions.
The YALI position is contrary to the position by various stakeholders that the Speaker of the National Assembly will have to take over and perform the executive functions when the election petition is filed against the incumbent, having been duly re-elected and declared President-elect under Article 101 clause 2 of the Constitution of Zambia.
And Mr. Mwanza has urged stakeholders including aggrieved political parties to engage ECZ if they have evidence of wrong tabulation of results in order to correct the situation within the window period of 7 days as provided by Section 76 of the Electoral Process Act number 35 of 2016.