Constitutional Court President Hilda Chibomba has warned parties involved in the presidential eligibility case to stop delaying the matter through adjournments as the judges are ready to hear the main matter.

This is in a matter in which four opposition parties have petitioned the Constitutional Court to determine the interpretation of who is eligible to stand in the 2021 general elections.

This was after Lawyer Jonas Zimba who is representing PF Secretary General Davies Mwila applied for an adjourned to enable him get instructions from his client on the way forward.

The application was in relation to previous application made by an interested third party, Brigadier General Godfrey Miyanda.

Judge Chibomba told the lawyers that the matter has been adjourned many times and further adjournments will not be entertained.

She adjourned the matter to January 30, 2018.

Judge Chibomba further told the court that this adjournment was the last and urged the lawyers to be ready to proceed when the matter comes up.

The main matter in this case has not been heard as the court is still dealing with preliminary issues being raised by the parties involves.

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29 COMMENTS

    • At this stage the court ruling does not really matter because Lungu has become so unpopular such that he would be lucky to even get 20% of the vote. Besides at the rate he is going he may not even be President by 2021. However the disqualification of Lungu may just be a bonus to the opposition because it will divide PF as they all fight for fight to take over the top job.

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    • i would actually want ECL to be given a podium so that he is shown in clear terms that his popularity fortune is dwindling by the minute. if the court rules that he is not eligible, I will be very sad because when PF lose in 2021, they will say ‘only if they allowed ECL’

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  1. Good move we are waiting to hear the judgment on this matter though in my understanding a term is 5 years Les than that then I don’t know what to go it so I am following with interest

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    • You fool. A term of five years is the max limit one can rule. But that one who rules for less ( 3 yrs) would still have been a president. The constitution says one can not be President for more than two times irrespective of duration of service.

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  2. Why didn’t these Judges sternly warn Lungu not to threaten the court and issues prejudicial statements due to the Kenya election annulment?

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  3. Zambians this is simple law , Lungu was elected twice , it was not running mate taking over from his dead president without elections , so from that point alone , a president can only elected twice or two terms , its not the number of years , but terms , from another elections to another. So technically , also he has the opportunity to deliver not wasting time and money campaigning in the districts and provinces. If so let him use SMART ZAMBIA principles in reaching out via various ICTs and IT technologies .

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    • Very good question Zambian Citizen.
      Sata was elected on 23 September 2011 and died on 28 October 2014. He served as president for 3years and 2months. The remaining term was 1year and 10months.
      ARTICLE 106 (6) READS AS FOLLOWS:
      (6) If the Vice-President assumes the office of President, in accordance with clause (5)(a), or a person is elected to the office of President as a result of an election held in accordance with clause 5(b), the Vice-President or the President-elect shall serve for the unexpired term of office and be deemed, for the purposes
      of clause (3)—
      (a) to have served a full term as President if, at the date on which the President assumed office, at least three years remain before the date of the next general election; or
      (b) not to have served a term of office as…

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    • ARTICLE 106 (6) READS AS FOLLOWS:
      (6) If the Vice-President assumes the office of President, in accordance with clause (5)(a), or a person is elected to the office of President as a result of an election held in accordance with clause 5(b), the Vice-President or the President-elect shall serve for the unexpired term of office and be deemed, for the purposes
      of clause (3)—
      (a) to have served a full term as President if, at the date on which the President assumed office, at least three years remain before the date of the next general election; or
      (b) not to have served a term of office as President if, at the date on which the President assumed office, less than three years remain before the date of the next general election.
      THIS IS STRAIGHT FORWARD; LUNGU IS ELIGIBLE – ZAMBIANS…

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    • C-general and Z-Citizen according to article 106 clause 3 a person who has twice held office as President is not
      eligible for election as President- period. Held office, held office, held office -how many times have I mentioned this? Three times.

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    • Iwe Jaile, read this: the Vice-President or the President-elect shall serve for the unexpired term of office and be deemed, for the purposes of clause (3)—
      (a) to have served a full term as President if, at the date on which the President assumed office, at least three years remain before the date of the next general election; or
      (b) not to have served a term of office as President if, at the date on which the President assumed office, less than three years remain before the date of the next general election.

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  4. UPND or PF cadres would look at this issue from angles which suit them so the best all of us can do is to wait for the Concourt judgement-period!!
    But come what may,ECL is eligible to stand in 2021 and defeat Kainde for a record 6th time!!

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    • You still haven’t mastered to say hakainde? You still saying ikainde or kainde, such low IQ koswes in other countries wouldn’t be trusted to hold a voter’s card.

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  5. Eligible to plunder more? A good precedent is R.B and late Mwanawasa.RB vs M.C.Data. R.B completed Mwanawsa term, went into a five year term.Lost elections to Sata and relinquished power accordingly. F.TJ tried and failed.Lungu should sober down and do Arithmetic with the help of a five grader.Let’s start.2+5=?..1.5+5=?.Let’s suppose R.B defeated Sata in 2011,would u have been President today?Suppose R.B pushed for a 3rd term by manipulating the Constitution in 2016,would u have ascended. to the Presidency bwana Lungu? Plz stop being drunk with power. There is a time for every thing.

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  6. Just a wild thought i have today, why is it that in Northern parts of this country, loud mouths and i mean men bapakamwa are usually considered ati ulya mwaume alalanda, does it mean men in that area are measured by how many words come out of their mouths And not capabilities? Am sorry mates for slightly getting out of this topic, but i hear this alot from my friends.

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  7. Let the man stand, what are you afraid off. The problem is not ECL, the problem is the voters in sh!thole countries…Trump was right.

    2021 vote for Cholera, more debt and corruption.

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  8. HH and his lawyers know very well that ECL is eligible to stand in 2021 because the law is very clear as correctly explained above by C-General. Nothing will change because the Constitutional Court does not make laws; it merely interprets the law as it stands. The problem is that the opposition are so scared of ECL they would not want him to subject them to another embarrassing defeat in 2021. But with all the infrastructural development taking place all over the country, they will need to brace themselves for such defeat.

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  9. It’s not about his eligibility to stand as a President in 2021, but about people who are going to put him in that office. Voters Shamwali

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  10. Alexander Putin, argue with merits. don’t insult. read the constitution again and get educated on the matter.

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