President Lungu’s Eligibility Case Adjourned to January Next Year

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FILE: President Edgar Lungu at SADC Summit

The Constitutional Court has adjourned the case in which four opposition political party leaders have asked the court to interpret that President Edgar Lungu is eligibility to contest the 2021 general elections.

The Petitioners led by Dan Pule are arguing that President Lungu is eligible to contest the 2021 general elections because his first term commenced when he was sworn in by the Chief justice on September 13, 2016.

The matter which was coming up for hearing of heritage party president Brigadier General Godfrey Miyanda’s preliminary issues or motions has been adjourned to January 23.

The adjournment follows the Patriotic Front’s Secretary General Davis Mwila’s application to adjourn the matter to enable the party engage new lawyers following the withdrawal of their lawyers Mweemba Chashi and Co. who filed an application for the withdrawal.

Mr Mwila who is sued in his capacity as the PF Secretary General told the full bench of the Constitutional Court that he wished to seek for an adjournment to allow him ample time and resources to engage new lawyers.

There were no objection from all the parties except for state counsel John Sangwa who submitted that the PF will not be prejudiced in any way if the matter proceeded because the case was only coming up for hearing of a motion by Gen. Miyanda who is the third respondent.

And the third Respondent Gen. Miyanda also agreed that the preliminary issues he was going to raise had no bearing on the 2nd Respondent looking at the fact that and he had matters which he wanted to bring to the attention of the court as agreed in the previous sitting.

But lawyers Representing Dan Pule and three others state counsels Bonaventure Mutale and Sakwiba Sikota said it was in the interest of Justice to have the matter adjourned to enable the 2nd Respondent to engage new lawyers because he is not an individual who can not be represented because if he is not allowed he would have limited justice.

In ruling the court has allowed Mr Mwila’s application for an adjournment to allow him engage new lawyers.

However the court has also noted the several adjournments in the case but adjourned the matter in the best interest of Justice.

75 COMMENTS

  1. Compromised Judges, just haggling for the highest Corrupt bid.
    Just tell ba Jona no 2021 bid, just Kuyabebele!!

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    • What is there to debate about president Lungu’s eligibility? The Constitution is clear. He is not eligible. That is the clear reading of the Constitution.

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    • Can the constitutional court bury this Heritage fossil Miyanda? He only debates in Lusaka Times but failed to explain his Village Concept Theory to the masses. He is a waste of space.

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    • Muuuuu! That picture ! Lungu seems to be begging/ praying, kalaba looking on doesn’t seem to be ‘safe’ ,,, the last I saw images closer to this when RB was giving his farewell speech in tears and tandiwe was looking on

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    • Edgar himself said this is it.
      But I would love that Edgar runs so PF can lose embarrassingly.
      If they use Inonge as presidential candidate, and Mutati running mate, then Oppositions are in trouble.
      Let Edgar run please!!

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    • They’ll keep ADJOURNING & ADJOURNING & ADJOURNING & ADJOURNING & ADJOURNING until 2022.

      K3-BILLION has been bribed to these STYOPET LUNGU BOOT-LICKERS.

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    • This clueless incompetent drunk should stop wasting national resources. Zambians need to remove him in public interest. Even without eligibility issue, ECL has wasted the country’s years by pretending to be what he is not. A fresh breath of air really required.

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  2. He wants to be person of presidency for more than 10 years. Laughable. Ba PF lacking a suitable candidate so deal with it. With or without your current president you’re gone at 2021.

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  3. If you don’t have time to read and understand the constitution GI and sleep. Lungu is eligible. What does the constitution say about it? a term one year is it a term? More than or equal to three years that is how a term is defined. You are dull with hhdonkey. You know that your donkey can not win if Lungu stands.

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    • Prof James the dull donkey is you. The constitution does not say anything about the term. It talks about a person who has been sworn twice as president.
      Sakwiba Sikota must be a fool that he has always been to defend a non dependable case like this one. It explains why he has been mentioned in the PF list of plunderers.

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  4. ……political party leaders have asked the court to interpret that President Edgar Lungu is eligibility to contest the 2021 general elections.

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  5. Ba Professor James poliking is not for the weak hearted. Be slow to anger. Opposing views should not raise your BP, BP not good for your health. Further, your background dictates that you shouldn’t insult others. HH isn’t a donkey. He is an actualized business man besides being a human being. President Lungu is also human being like you, nevertheless, he never actualized anything in his career. LAZ knows that. Any one including a f.o.o.l can make person of presidency.

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  6. I am not a pf supporter but 1 wonders which skul of law our lawyers went 2 & whether or not they read & understand the constitution. Anything less than 3 years will & does not constitute a term. 4 sure it’s mo money in the lawyers’ pockets !

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    • You fool. It’s nothing to do with the term. The term 5 years is only there to ensure a sitting president seek fresh mandate at 5 years. To be called a president you don’t need to have ruled for 3 or 5 years. Once you are sworn in after wining an election you are a President with full executive powers and you will have been called president even if you last 6 months in office. Can you get that in your dull skull?

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  7. Let us be sincere with ourselves, why should we expend our energies and resources over a matter which is simple and straight forward even to non legal minds. The current constitution defines a full term as ‘” the period of 3 years and above” Mr. Edgar Lungu took over the presidency from Mr. Sata (MHSRIP) in January, 2015 to August 2016, now when we count, does this make up a full term? Unless you are naturally dull enough to do this pre-school mathematics, this case lacks substance and merit. Mark my words the outcome of this case will be; Mr. Edgar Lungul is eligible to stand for presidency in 2021.

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    • Why then has the matter been referred to the Constitutional Court? Law is not not mathematics, neither is Constitutional Law Arithmetic.

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    • The Constitution as it is allows Lungu to stand in 2021. This is obvious even to a non-legal mind. Those in UPND are apprehensive and know every well that the decision of the Court will be in favour of Lungu and they are dead scared. HH will then change the goal post and lambast the judges for being compromised – the same judges he defended not so long ago against Lungu’s parental guidance. There is no doubt that Lungu ia getting popular with each day that passes because he is delivering according to his promises. That is what we want, not insults and lies day in and day out.

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    • Wembwawe. Why did Edgar Lungu collect the gratuity as president if he thought he was not president for doing 2 years?

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  8. This is nonsense! It is clear that the President served a term for Sata! It happened in the US, it happened in the DRC and it will happen in Zambia! Simple. Finishing a term of a president who becomes deceased is not running on your own term! Why are mammals scared?

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    • Courts are there to interpret the law. Those countries you are referring to have courts that interpret their own laws. So does Zambia. Let those Justices at the Constitutional Court put their expertise to good use.

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  9. Dull UPND cadres wasting our time and the courts time. Just throw the case with costs to them. These guys can destroy Zambia because of their tribal selfishness.

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    • This is what happens when you dont read you see everything in black and white…you seem to think everything revolves around your dumb foooools in both PF and UPND.

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  10. The major argument that makes Lungu not to qualify is that he was sworn on the old constitution in which even one day constituted a term of office. He signed new constitution with closed eyes in which a term is supposed to be more than 3 yrs. It means in interpretation, whatever happened in the old constitution is not automatically nullified by virtue of a new constitution. Therefore, term is complete and he shud be completing term 2. Isukulu lya ba kateka lilepwa mu 2021. PREPARING FOR EXIT IS BETTER THAN FORCED EXIT! Courts shud not be abused for selfish reasons pls

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    • I like the argument put forward by brown envelope. When interpreting the clauses of the constitution you should look at a wider picture. This piece of argument will be very interesting. It is not as simple as some seems to think. The battle lines have been drawn. Let the best interpretation prevail.

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  11. The constitution is very clear. Lungu is not eligible because he did not take over office by virtue of being vice President as provided in the constitution. Further when a law is made it does not delete history but takes care of future. Lungu’s first term was already counted under the provisions of the old constitution and cannot be deleted nor ignored.
    Conclusion: Lungu is not eligible and that’s why honest lawyers are withdrawing.

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  12. Strange that PF asked for the case to be adjourned so they could engage new lawyers…really laughable..i thought this was a straight forward case for them.

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    • 🙂
      They were talking as if this was a no brainer……..now Mwila is sweating …….

      Anyway, the concourt should sort this out asap, that is the only way we will see some movements. Otherwise, both PF and UPND cadres here will continue feeding us with S.H..I.T

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  13. Selfishness again and again while people are suffering. Dan piles, God will punish you you will regret. You people will even waste alot of money on useless issues just to enrich yourselves.
    Please edger and your corrupt judges twapaapata, give that money to the poor zambians to use it and go ahead and stand in 2021. But still i assure you that you won’t win. You will meet a huge humiliation that will lead you to worse depression

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  14. Mr president just tell your men and help them to find another person to stand in 2021, and you won’t loose anything. But if you attempt, it will be a disastrous. Uwakwebele imfwa yakwanoko mutanshi. This people are just misleading you, me am a pf strong supporter and i should inform you that you’re really not popular and presidential material. Mind you, just remember how you struggled to be declared as presidential winner last year

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  15. Why do they have to fight for that, that clearly shows that they are just forcing things to be done in their favour, which will not work because people want change to see another person help them reduce problems which they have failed. Agriculture is a disaster in Zambian history. But corruption and stealing is their work

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  16. @Don;dont just comment from the tonga point of view simply because you feel if ECL do not stand in 2021,then it will be HH’s time-NO!!!reason properly.read,in the constitution “a term” is having ruled for 3 years or more!!you dont need a lawyer to understand this fact!!
    Plus i have always reminded you the words your HH&GBM told us before 11/08/2016.i repeat;HH told the world that “upnd will not pay Edgar Lungu presidential pension after defeating him in 2016 because he does not qualify,having ruled Zambia for less than 3 years”.BUT TODAY, HH HAS TURNED 360 DEGREES ON THIS ISSUE SIMPLY BECAUSE HE FEARS EDGAR LUNGU’S POPULARITY-SHOCKING!!!
    Lawyers represent even murderers!!!SO LET UPND LOSE MONEY TO LAWYERS ON THIS MATTER BUT ECL WILL STAND IN 2021-MARK MY WORDS!!!
    Moreover,…

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  17. Bravo everyone who has commented on this issue and as a layman I think both sides have put up convincing reasons if ECL is eligible or not to stand in 2021. I will tell you what. I think I will wait for the learned brothers and sisters-in-law to make a ruling on this one. They say ‘law is an ass’.

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  18. Having elected twice, if langu dies 2 day, will we not vote wina we be president. When sata died, Scot was going be president, but the constitution said election. Pipo we are dealing with 2 constitution, past and present.

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  19. Continue…
    Moreover,whoever may stand on PF would defeat HH in 2021 with the help of ECL,RB and Chinese money!!!SO UPND SHOULD NOT BE EXCITED FOR NOTHING!!!many Zambians ,especially in 6.5 provinces do not have anything to do with HH,hence REJECTING HIM FOR A RECORD 5 TIMES SINCE 2006!!!its a pity that upnd fail to understand the fact that its HH who cant win them the presidency!!
    NJIMBU BB 2017!!

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  20. Sweeping this under the carpet won’t do. The carpet is already full of trash. Edgar Lungu walked into this with both his eyes wide open. Now, he is trying to blame everybody except himself. Where is maturity?

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  21. HH IS RIGHT NOW HAVING POLITICAL DIARRHOEA BECAUSE HE IS AT THE VERGE OF SUFFERING A THIRD DEFEAT AT THE HANDS OF A NOVICE IN POLITICS WHOM HE CALLS UKWA, DULL, CORRUPT, THIEVE, INCOMPETENT ETC. IT WILL BE VERY PAINFUL FOR HIM TO FACE ECL AGAIN AND BE HUMILIATED FOR THE THIRD TIME.

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  22. There is a precedence. Frederick Chiluba attempted a third term. It didn’t work. It won’t work even this time around, because law is law. It does not discriminate between the tall and the short. We all stand equal before the law – Frederick Chiluba and Edgar Lungu are of equal stature before the law.

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    • @ Imute wa Kalilo: DONT TELL LIES. CHILUBA WANTED TO CHANGE THE CONSTITUTION AND INTRODUCE A NEW CLAUSE. BUT ECL DOES NOT WANT TO CHANGE THE CONSTITUTION. HE IS BASING HIS ARGUMENT ON THE CURRENT CONSTITUTION. IN ANY CASE THE OTHER PRECEDENCE IS THAT EVEN WHEN CHILUBA FAILED WITH HIS THIRD TERM BID, THE PRESIDENCY STILL WENT BACK TO THE MMD. SO BE PREPARED EVEN FOR THIS LATER PART OF YOUR PRECEDENCE.

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    • 28.1 Chisenga: Lies is what I don’t tell. I have no reason to. If Edgar Lungu does not want to change the constitution, then he is trying to bend it. And if he is not trying to bend it, then he is trying to circumvent it. Now, “bending”, “changing” or “circumventing”, what difference is there, if not mere semantics?

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    • @28.1 Chisenga: Further, please note that, what Chiluba failed to get by changing the constitution, he still obtained by stealing. That election was stolen from Anderson Mazoka and then hand-delivered to Mwanawasa. A leader who wants to cling on to power is dangerous even on exit. Edgar Lungu is pushing to stay. That is the unfortunate reality.

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    • Nevermind Lazy Edgar ….he is likened to an irresponsible co-business partner you send to buy goods in Nakonde for a week only to go partying and drinking …then realizing that he is there on business on the 6th day.

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  23. Does upnd followers know the fact that SINCE 2006 OR EVEN BEFORE UPND has never won a seat at MP or presidential level in Luapula,Northern,Muchinga,Eastern,Central urban,Lusaka and Copperbelt urban areas?this is more than 70% parts of Zambia.Now ASK YOURSELVES,what is HH doing between now and 2021 TO WIN IN AREAS WHERE HIS UPND HAS FAILED TO WIN SINCE 2006?NOTHING.elections are not won BY DREAMING or by HAVING PRESS CONFERENCES IN LUSAKA which only end up ONLINE!!!why late Michael Sata kept on increasing his votes from 2001?ITS BECAUSE HE STARTED CAMPAIGNING SERIOUSLY ACROSS ZAMBIA A DAY AFTER LOSING AN ELECTION!!does HH do this?NEVER!!6.5 provinces are dominated by PF councillors,DCs,officials,MPs so MANY PEOPLE THERE ONLY HEAR GOOD THINGS ABOUT PF AND BAD THINGS ABOUT HH’S UPND!!!this…

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  24. Continue…
    This is how elections are lost or rigged!!
    Same with PF, the 3.5 provinces are dominated by upnd officials,mps,etc.so many people there only hear negative information about PF.hence,PF cannot dream about winning in those areas in 2021 because elections there are already lost or rigged based on public opinio!!!all PF can try to do in 3.5 provinces is to narrow the gap or minimise the loss to upnd in 2021!HOPE YOU GET MY POINT.UPND OR PF CAN ONLY IGNORE THESE FACTS AT THEIR OWN PERIL!!
    NJIMBU BB 2017!!!

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    • NJIMBU.
      YOU ARE 100% CORRECT WITH YOUR ANALYSIS.UPND BY NOW SHOULD HAVE BEEN DOING MORE CAMPAIGN IN 6.5 PROVINCES THAT GOING TO COURTS TO WASTE TIME.DID YOU SEE THE LATE SATA DOING THAT?
      I REMEMBER IN 2006 JUST AFTER ANNOUNCING THE RESULTS AND LEVY DECLARED A WINNER,THE FOLLOWING WEEK SATA WENT TO LUAPULA FOR CAMPAIGNS AND HE DID THAT UNTIL 2008 AND THAT IS WHY HE PERFORMED VERY WELL.
      UPND MAY SAY THE POLICE NOW ARE NOT ALLOWING THEM TO DO CAMPAIGN,YES THAT CAN BE TRUE BECAUSE FOR ME I DON’T CONSIDER UPND TO BE A POLITICAL PARTY BUT A TERRORIST GROUP.
      THEY BURNT THE PALACE FOR THEIR CHIEF JUST BECAUSE HE IS SUPPORTING ECL,THEY BURNT THE CITY MARKET,THEY ATTEMPTED TO BURN DAILY NATION PREMISES.THE LIST IS ENDLESS.
      THEIR SMALL god JUST KEEPS QUIET WHEN HE KNOWS THAT HE CADRES ARE…

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  25. Lungu openly intimidated the judges using Kenya election annulment excuse.

    We will see these foolish stomach-driven and career security minded judges cave in for sure and rule in favour of Mr crooked teeth.

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  26. It’s nice Dan Pule is trying to do this so early but looking at the direction the country is moving also the Chinese and bad investors taking our land is going to cause the people to seek a different direction. This is surely a dilemma, the judges if they want can declare him eligible but we don’t know what the future holds for us especially considering that we sinking into a death trap. The conditions and mood by 2021 might change drastically and lets not forget international pressure. The world is getting sick and tired of leaders who just want to continue without really improving people’s lives just like Mugabe. Njimbu you need to tell your master Lungu that now is time to work and not talking about clinging to power. People have the final say just like in Zimbabwe, SADC wanted…

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  27. The case should be thrown out of the Constitution court because Mr. Lungu, he Ran as an incumbent.

    Leadership, do the right thing; because you’re making us to look to AI for justice.

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  28. But why the delaying tactics? Trying to buy time won’t change the sad truth that some people don’t want to hear.

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  29. Wow, this must be a nice time to be a lawyer getting paid by wishful thinking opposition to go and explain to them and give them false hope only to tell them now with authority what a term is as per our constitution which is a mandate to rule for 5 years by one President. I cant believe i just did that for free. lol

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  30. We need to lease John Pombe Joseph Magufuli for at least three months. Tired of these clowns running around like headless chickens.

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  31. Even if Lungu does not stand in 2021, whoever stands will win because of a mentor in Lungu who is very popular. Zambians will have Lungu in mind when they vote.

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  32. MEANWHILE WORK GOES ON. My advise to you and particularly you is not to blanket demonize the judges. Each of them is an individual just like you are. Only when you open that mouth of yours can we be able to know whats on your mind. Some times we speak without data and end up scandalizing people.

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  33. Adolf cannot beat anyone in an election he forgets that when MCS came to power he was even defeated by EZN, a streetwise person which he is not would have recouped his losses and began to strategize. Smart people don’t always fight to be President some sponsor a candidate and rule from the closed doors. When AKM was going into politics he introduced Adolf to most of his cooperate associates and they made him board member/chair as AKM stepped down. On his deathbed he pleaded with Adolf not to let the dream die but rather to keep the flame going he did not say ‘take over the party’…..2021 he will lose again and of course by then he will be tired old man as he referred to MCS, who trounced him in the 2011 elections…

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  34. I thought Lungu was a lawyer himself so why doesn’t he just read, understand and interpret the constitution instead of wasting our time.Could it be because he doesn’t understand the law himself or he is following into the footsteps of other african dictators?
    This is just so sickening!

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