This is in a matter in which four opposition political party leaders have petitioned the court seeking a declaration that President Lungu is eligible to contest the 2021 presidential elections.
The four are Christian Democratic Party president Danny Pule, Wright Musona of Zambia Republican Party, New Congress Party president Peter Chanda and Robert Mwanza of the Citizens Democratic Party.
In their petition, the four opposition leaders said a political debate has arisen on the tenure of office of President Lungu and his eligibility to stand as presidential candidate in the 2021 general election.
In his submission, Mr Kalaluka said in order to exercise judicial authority in a manner that ensures that justice is done, the court should place undue regard to procedural technicalities.
“We submit that the dictates of justice require the broader and purposive interpretation of Article 106 (5) (b) that gives effect to the objectives if Articles 106 (30 and (6) and 118 (2) (e), as well as those of the Constitution as a whole,” Mr Kalaluka said.
He added : We submit that the purposive interpretation which takes into account the foregoing will lead this Honourable Court to arrive at an inescapable position that the current republican President is eligible to stand as a presidential candidate in the year 2021,” Mr Kalaluka said.
He contended that to argue that the 2015 presidential election does not fall within Article (106) (5) (b) on account of the Speaker not having performed executive functions prior to the 2015 or on any such other procedural issues is in procedural technicality.
Mr Kalaluka submitted that the key issue as regard to the 2015 presidential election is that a vacancy in the office of the President occurred following the demise of the late President Michael Sata and that it was not under Article 81.
Only small opposition parties have petitioned. The UPND did not join the case. Looks suspicious!!
Whats this obsession about 2021? So his eligibility for the next election matters more to Lingu than proving to be of good and effective service to the electorate? I think this guys serves Lucifa the father of all greed, evil and selfishness- God help Zambia
Sally Yates the former ag. US attorney general fired by Trump for standing up for her convictions has been nominated for the JFK award for courage.
How I wish I could say the same for young Kalaluka. Maybe Kalaluka (& everyone in public service) should read Thuli Madonsela’s (former SA public protector) book when its finally out.
Honour & integrity should guide one’s life in public service. Politicians will come & go but what will remain of your name?
Likando Kalaluka should have urged the Constitutional Court to DETERMINE WHETHER ECL WILL BE ELIGIBLE FOR 2021 ELECTION UNDER CURRENT CONSTITUTION.
Unfortunately, this guy is asking the Concourt to “declare that President Lungu is eligible”.
Who the H.E.L.L does he think he is to tell the Concourt what decision to take? He is already “massaging” the already suspected biased Concourt judges to give judgement that is in their favour.
All well meaning Zambians shouldn’t sit behind a watch how these people can manipulate the masses. SHAME!!
But why is attorney General party and arguing to this petition. This is about an individual, Lungu and not government. Total abuse of the system. Attorney General is the government’s lawyer, and it’s not the government which is being challenged on eligibility for 2021.It is an individual
Kalaluka is not the brightest crayon in the legal fraternity.
PF and Lungu are panicking. They are pulling all levers for Lungu to stand in 2021. Kalaluka should just argue that the Constitution does not apply to Lungu and he should be President for Life, instead of this incremental game.
Winter Kabimba has rescinded his earlier position when he said that Lungu is eligible to stand. Now he says after carefully reading the constitution, he has come to a conclusion that Lungu is in fact ineligible to stand. What a mess. See we have clearly stated here that the Constitution is very clear that your vision less leader does not qualify having held the position of president twice. These shameless misfits, masquerading as opposition leaders have been paid by Lungu to do his dirty work while he lays in wait to hear the resolution of the con-court. This attorney general is a disgrace and he will soon face reality when he is lambasted with the truth that his stooge does not qualify, it is as simple as that.
You PF Cadres what are you fighting for in this world? Instead of talking of what you will do for Zambia, you start talking of benefits for someone else: Are we in year 2021. Bushe fyakucita tamwakwata? In fact Ba Kalaluka if you don’t know how God works, He will surprise you. He is able to pick even a fool and turns him into usefulness. Don’t say tomorrow I will do this, Just say God willing Ba Lungu may stand in Year 2021. You don’t know what tomorrow will bring. Understand things. Even if you have written that Constitution it can be unwritten by God. Who knew that Ba Sata would be a President. Put God in what ever you do. Lupiya Banda used to say Sata will never rule, but he ruled. Just say God will appoint when we reach the bridge. Amen
This AG is working as PF Cadre and ECL Legal Adviser. The AG is the Chief Legal Adviser to govt and not to PF or ECL in his personal capacity. Whether or not Lungu is Eligible for 2021 is not a govt issue. The selection of a PF Presidential Candidate for 2021 is not the AG’s business. The AG should stop wasting and misusing govt financial resources in representing ECL in his personal and private capacity. Even in the Petition the AG should not be involved becoz that is not official govt duty. That should be handled by ECL’s Legal Advisers and not govt lawyers. This AG is not doing his govt official duties. He is now a personal legal Adviser to ECL and being paid out of public funds. The AG’s Office is no longer professional. It has been politicised and is acting like a PF Legal Dept…
Any one apart from Lungu to compete in 2021 will make hh win elections , so pakumuchinga hh is to let Lungu stand coz he is well know country wide ,
No one can beat hh in 2021 apart from Lungu , this is a free advice if you want take a risk and you will have your selves to blame to ursha a greedy person into office
AG Kalaluka has totally lost it. He doesn’t understand the Role of the AG’s Office. The AG is the Chief Legal Adviser to GOVT and Govt is not ECL. The AG has no business in interferring with Concourt’s work. The choice of a PF Presidential Candidate for 2021 is a matter for PF and Concourt. The AG is Not a Personal Adviser to ECL but an Adviser to Govt. GRZ is not the same as ECL or President of PF. The AG is not discharging his duties properly and professionally. The AG has no business in the 2021 matter.In the Petition issue the AG is advising Lungu and Wina in their private capacities. They are being Petetioned as President Elect and Running Mate and not as Deputy and President of Zambia . Lungu and Wina’s legal costs should not be paid out of Taxpayers money becoz the two are…
@5 Zama, that is assuming that HH will be be able to stand. Now don’t misunderstand me, what I mean is that he still has to go through a convention. But of course I also worry that he has put too much stress on himself with the 2016 ballot. That is bound to take a toll on him in many ways.
@Mundia – Great thoughts. Mr Kalaluka is comprosing. I understand why Linda Kasonde opposed his appointment
There is no need to stand as president for three consecutive times. Two elections is the limit. As a precautionary measure, it is prudent to remove any doubt from power hungry politicians in the country. It is all about inclusion and prevention of self aggrandizement. When a president is performing his duties efficiently, it does not follow that a pretext for clinging to power has been found. Better leaders are yet to come. Give chance to the genius of the country to emerge. The country needs to double its efforts in improving the living conditions of countrymen and countrywomen.
i dont understand dis sht.
Just give Kalaluka some time he Will come back to his senses.
That’s a big gamble with PF cadres. Sense only returns when they are fired. Look at Kashimba Chimbwii!
@Brian Mwansa – we don’t have time unfortunately. He will only come to his senses wen he is no longer the AG
The attorney general is in a hurry to bootlick. 2021 is so far away. We need to be focusing on army worms, Lusaka’s perennial flooding problems, street vendors, indeni’s incapacity and The decline of football and othe sports standards