Saturday, July 20, 2024

President Lungu eligible to stand in 2021-ConCourt (UPDATED)


PF cadres in jubilant mood at the High Court grounds before the ConCourt ruling

The Constitutional Court has ruled that President Edgar Lungu is eligible to contest the 2021 General Elections.

The court in its Judgement says the Presidential tenure from 25th January 2015 to 13th September 2016 does not constitute a full term of office.

The constitutional Court has relied on articles 106 sub-article one and article 106 sub-article six of the 2016 constitution.

The Constitutional Court noted that article 106 sub article three cannot be interpreted in isolation to other articles in the constitution.

Court President Hilda Chibomba sitting with other Constitutional Court judges read the judgement.

She dismissed the arguments by interested parties that President Lungu is not eligible for election as president.

The interested parties were United Party for National Development -UPND and the Law Association of Zambia -LAZ.

Meanwhile the Constitutional Court noted that the applicants must have personalized the matter by attaching President Lungu’s name to the application.

The applicants filed the application by asking the court to determine whether or not President Lungu is eligible to contest the 2021 general elections.

The applicants were Christian Democratic Party President Dan Pule and Citizens Democratic Party President Robert Mwanza.

Others were New Congress Party President Peter Chanda and Zambian Republican Party president Wright Musoma.

Inside the Courtroom shortly after the ConCourt ruled that President Lungu is eligible
PF cadres in jubilant mood at the High Court grounds before the ConCourt ruling


    • ” Kudos so all you think about is HH and not the country, This is sad, WHY as if EL is doing anything good for the country.

    • I don’t understand why hakainde’s slaves are so jittery over Lungu’s eligibility. The concourt has not said EL will be elected president in 2021 but has just declared him eligible to CONTEST. So beat him at the polls. Or is it because you know that EL is your master’s worst nightmare? Well, prove your facebook popularity now

    • African politics sivintu.

      Five more years of corruption and abuse of office.

      Five more years of awarding dubious contracts, and giving away our land to the Chinese.

      I tell you what, they better build themselves better prisons in that five years.


    • @bantu (HH) wants to appeal the the Concourt ruling at the International Criminal court.
      He spends half his life in court and Facebook instead of dealing with the grass roots to find out why they hate him so much

    • No surprise here, this result was predictable. However, PF, Lung Wu and ConCourt just know that your days are numbered. Your time to pay is slowly approaching. God is watching. To UPND do not worry if anything Lung Wu is going to be your weakest opponent

    • @danielle Kainde’s slaves pay K200 every month from their payroll to support his thuggish lifestyle. These are not party membership fees i’m talking about. These are illegal patronage fees for UPND which enslave them. He has indoctrinated them into believing he can enter State house.

      That his first term started in 2016 isn’t a shocker. But that he will beat the likes of a combined gang of CK/double H/GVBM is a stunner. As gruesomely refreshing as whacking the Guy/double H/GVBM/Sampa/SataMule/Nervous Nevers gang and the likes which is a resoundingly asphyxiating to the core.

    • Does it also mean RB has got 10 more years to his belt ,forget the 3 years he served, that did not happen. If i was RB i would mount a comeback.

      Political Guru.

    • The issue here is that both new and old constitutions say one can only save 2 terms of 5 years and if EL wins the next election it will mean he will have saved 12 years which is illegal on both, So the reasoning presented here does not hold any water, What will stop EL from changing the same constitution to remain in power for ever, This is how it starts, ask the people Ugandan, this how it starts.

    • Let’s roll … any citizen should be required to read the constitution and understand it. In the United States of America it’s a requirement for naturalization purposes and throughout general education classes in the 16 years of learning.

      In General Education throughout High School and College, you’re required to take some form of government related classes as part of your core curriculum despite your major career(s). Now, Grad School was different but we all could excogitate despite our political persuasions with intellectual honesty at that level and still respected one another’s pieces of opinion.

      At first I didn’t understand why as a BSc. Accounting major I was required to take government classes at university. And then during naturalization, I was required to study American…

    • Continued…

      And then during naturalization, I was required to study American history and read as well as understand the US Constitution.

      I was even required to know the name of my Congressman/Congresswoman, the Congressional District I live in, the name of the actual District itself and it’s map; the name of the current Governor of my State and the names of two US Senators from there. On top of that, the current US President, the Vice President and the Speaker of the House at the time among other things.

      So, by the time you become a productive citizen either through obtaining an education or by naturalization, you’re vested enough in matters of civics and know how the country is run on a basic level. It’s part of what the founders called the “assimilation process”.

      As the…

    • Continued…

      As the leading democracy, the smart people of the Zambian Enterprise need to go through a similar educational syllabus that we all our productive citizens are well vested in matters of governance.

      They will be able to interpret the laws on their own, there is going to be less stup11111dity, fewer NGOs, less acrimonious clowns and the courts are going to focus on real issues not always being entangled is interpreting laws.

      Like I said I have read both the old constitution and the new one as amended and this was a slam dunk for me. President Edgar Chagwa Lungu is unconditionally eligible for his 2nd term.

      An Uniformed And Uncivilized Citizenry Is A Detriment To Not Only To Itself But Also The Nation As A whole ~ B R Mumba, Sr.

      Done told you so … Let’s…

    • Continued…

      An Uniformed And Uncivilized Citizenry Is A Detriment To Not Only To Itself But Also The Nation As A whole ~ B R Mumba, Sr.

      Done told you so … Let’s roll!!!

      Original Content, No Copyrights Reserved

    • This is good news, we want the PF to be beaten clean without blaming anyone, God didn’t bless Zambia with a drunken President, he was just preparing us for something big and better. In 1996, those who cheering FTJ ati Kaunda alalaa! were the first to vote to remove his immunity. Nawakwi wept, so will Inonge Wina


      We have noted the Constitutional court’s decision to give Mr Edgar Chagwa Lungu a possible third term office and participate in the future elections.
      Using our collective skills, we are examining this decision carefully and will inform the nation of our detailed reaction in due course.
      For now, we would like to clearly state that no one is entitled to a third term of office as President of this country.
      This is because when courts fail to protect citizens, the citizens, have the power to map their own destiny through people power.
      At the same time we would like to remind those who want more than what the constitution states that before even talking about a third term, they must check themselves on their capacity to deliver jobs, better health care, food and…

    • …a resounding economy supported by constitutionalism.
      For us it’s Zambia and Zambians first.
      And remember; people power! Our power! Our land.
      Hakainde Hichilema
      UPND President.

      The pillock now wants to become a rebel. Anglo America want their money back.

      We say to Kainde, no one is entitled to 12 years as UPND president without being challenged.

    • @Kudos … ati Anglo-America!!! You cranked my ribs. This clown is in for another shocker. Why is he so scared of ECL???

      If he’s made out of the right material he should just start preparing for 2021. At this point, I am beginning to think Hakainde can even lose an election if he stood against a frog.

      It’s not the person but the office badala!!! Run for the office not against the person and you will have a better chance at this, shaa

    • Not surprised at all. There was no way the ConCourt could have ruled against King Lungu. The democratic institutions in Zambia are still very weak, and corrupt Lungu and his PF are making them worse. Anyway, the only chance left for Zambians now is to find a strong opposition candidate to try and beat Lungu in 2021. There should be a landslide win, to make it hard for PF to rig the election. It doesn’t have to be HH, whom I don’t trust much either. Is there a strong Zambian candidate out there to challenge lazy, corrupt Lungu? Hope there is. The fragmented opposition parties need to unite behind one candidate. Otherwise, we’ll be toast again for the next 5 years. And by the time corrupt Lungu leaves office, we’ll all be speaking Mandarin, and his mission to turn Zambia into a…

  1. And the way Sunday Chanda demolished UPND and NDC in the ‘Bed fellows’ article yesterday, this is only the beginning of the end for Hachi Hakala (HH) and his incoming dunce Vice President Chishimba Kambwili

    • The party of INCOMPOS learned nothing even from yesterday’s well-articulated article because it thinks TRIBE first and LOGIC second.

  2. Ok the bloggers who said a full term is five years interpreted the law correctly.So the implication of this ruling is that former President RB retired with two full terms unserved.

    • RB lost his election … so that doesn’t apply. The contention is for an upcoming term while you are finished your first as in the old constitution.

      Now if you’re finishing someone’s first term as in the amended constitution, you still have to win your own first term.

      For instance, let’s say and God forbid ECL collapsed dead today, under the new and amended constitution, Bo Inonge would immediately be inaugurated by the Chief Justice and there would be no by elections until 2021 in time for the General Elections.

      If Bo Inonge chooses to run, the 2021 would be her own 1st term but if she loses that bid, she has not served her own elected term but merely finished ECL term.

      Got it???

    • BR Mumba Sr. You are somewhat wrong. The new constitution defines a term as 3 years whether you were elected yourself or you inherited someone else’s term. If Inonge became president while there remain at least 3 years to the next election, she is deemed to have served a full term. This is based on the understanding that both the president and his or her veep are elected officials. However, if one serves less than 3 years, s/he is deemed not to have served any term at all.

      As for ECL, the judgement is already made and all of us must respect it but even when we strongly disagree with it. ECL was elected in the previous constitution, before being amended. Therefore, under that constitution, he already served a term. Plus his reelection, he is on course to serve his second term,…

    • @Blessed Soul … please read my blog 2 days ago even before this verdict came in in which I drew parallels between the constitution and the Bible.

      Just like scripture supports scripture, constitutional clauses and articles support each other and are to be interpreted in tandem with each other.

      Devoid of that, you have discombobulated theology and in case of the constitution, misinterpreted clauses and articles.

      God bless your already Blessed Soul and May Heaven help us all …

    • This was a straightforward case it just wasted the court’s time. They could have been left to have enough time thinking about how to jail corrupt money launderers and inside trading thieves but the TRIBAL PARTY took away the precious time from the Justices. INCOMPOS.

    • Public Order Act is a tool the is used selectively against the opposition. Did all the PF get permission to assemble? Public disorder, wear a PF/Edgar chitenge and you can assemble or do what you want anywhere. Zambia does not need all this anarchy!

  3. Lungu is an extremely weak candidate. That was why he only won by 1% over HH and that was with government machinery, rigging and that Ugandan guy in the server room helping him. Right now, people will be annoyed about this ruling thereby giving them motivation to get rid of him. This ruling has made dull Lungu weaker and more unpopular. Country is worse economically than it was when he lied about opening Mulungushi textiles and I foresee the opposition rallying around HH in 2021 so bene dull Kudos and your equally dull friends I would not celebrate too much were I you. And the chap looks very unhealthy explaining him sneaking out to SA for check-up. Everyone with a brain knew where the ruling would go so am surprised at your excitement

    • If a weak candidate has state machinery, rigging and incumbency at his disposal and only scrapes through by 1% it makes his opponent extremely strong. That is why the referendum was lost by PF because the rigging was concentrated on the general elections. Anyone with half a brain can see that.

    • Dull Nemesis from the past you are still alive. Your viewpoint is not shared by 50% + 1 Zambian voters who absolutely hate UPND, Kainde and his stinking guts!

    • @ Dudelove
      You are very mistaken bwana, if anything its HH that we the Zambians dont want and we will NEVER allow him and his tribesmate to rule this country, period. If he has promised you positions, you better start planning alternatives because believe you me President Lungu will win the 2021 with a resounding yes victory. HH has held the entire UPND in his b0lls and you think Zambians are stupid that they cant see that this chap is as good himself? The next president in 2026 after president Lungu is yet to be known but certainly NOT HH and from UPND, so start preparing your minds.

    • Dudelove,

      If Lungu is weak, why worry? It means your chances of winning in 2021 have improved significantly since you have a more beatable candidate in Lungu! In fact, you should be in the forefront of celebrating this Concourt ruling!

  4. Every one knew that this will be the verdict, nothing new there from the PF kangaroo court. prepare for hunger and suffering from this thieving lot if they win the election, debarred thieving moron who robbed a widow no difference from the Mailoni brothers

    • @ Jonny
      Ati “prepare for hunger?”Which person has UPND and HH have helped or has provided food on the silver plate? Those are ancient politics and if you have no message for the people of how you will “end” unemployment and hunger, forget any vote.

    • Everyone knew the verdict except Prof. HANSONI, the chief INCOMPO of the TRIBAL H-ORGANISATION. Let him write a letter to the UN on his University letterhead about the verdict. Duh

  5. ECL for 2021 ….Go go and develop this country. Dont listen to obstructers who have nothing to offer this great nation

    • Wina Camubaba HAGAIN. By the time President Edgar leaves in 2026 Zambia will be one of the most developed countries in Africa. Watch this space! It is UNELECTABLE.

  6. Dear Mr President.

    You have a life opportunity to go down in the world history that your gracefully let go even when your followers wanted you to continue.

    Mr President, look your self in the minor. Name like JF kenedy. Nelson Mandela. Martin Luther. Rosevelt..these names came with pain and sacrifice.

    An a non partisan political consultant.

  7. I told you; this was a straight forward case from the beginning, It shouldn’t have taken this long. Lawyers always complicate things in order to have more money in their pockets. The opposition must just work hard and prepare for the next election. They can score many points: such as the 100% Salary increment, GMF, corruption going unabated, unemployment, etc.

    • HAZALUZA HAGAIN because he is a privatisation thief, inside trading thief and a money laundering thief. Also, he has THREE MANSIONS.

    • We appreciate your zeal as UNIP but let the Living Legend KK rest. We expect you to come back and lead our party now.

    • That should be his focus now … there is no 3rd term according to you without winning in 2021 which is really his 2nd term.

      If he does not focus on people’s plight in the next 2 years, he can easily be a one term president. Nothing is guaranteed and 2 years is an eternity in politics.

      Heaven help us all …

    • In denial! Make HH have a “third term too!” Just campaign hard in Southern Province and in the other places he can win! He will have an opportunity to lead NAMWALA in three terms.

  8. It’s simple and the lawyers knew it because it’s written in the Constitution and no matter how much you try to twist it you cannot change it. But money is so sweet they will ” give it a try””

  9. We should be concentrating on Lungu’s and the PF performance issues. Maybe then we can even find reason to discard them before 2021. This Constitutional court, whether right or wrong in this case, is a compromised entity. Nothing good can really come out of it in it’s current form, creation process and umbilical tie to the regime of the day. Watch the PF zealots now concentrate even more on their favourite pass-time – CAMPAIGNING AND ELECTIONS.
    Where are all the bread and butter issues, breaches of rights with impunity and failing public services in all of this? Evidently lost in the euphoria about political court decisions. PF cadres in their regalia had even already surrounded the court premises before the hearing.

  10. Congratulations The Chosen One. Now endeavor to be more pro-poor in nearly all governmental activities. This will ensure a landslide victory in the 2021 elections. Do not leave any stones unturned.

  11. Let them do whatever they want to this country, to this constitution, to this land, to the common people and to the treasury.Kaili they ‘ve got all the power and money at their disposal. Time will certainly catch up with them all.

  12. Finally we have a ruling. Speculations on the interpretation of the constitution is over. I am relieved as this issue was dividing the nation big time. Time to focus on sorting out challenges in the economy collectively regardless of which pillar you lean on. Zambia First!

    • Amen to that … Zambia Is Greater Than Any Single One Of Us ~ B R Mumba, Sr

      Original Content, No Copyrights Reserved

  13. 2015 to 2016 = 1 year
    2016to 2021 = 5 years
    2121 to 2025 = 4 years
    1+5+4 = 10 years. two full terms

    But if you say he stand in 2021 and by chance wins will he serve untill 2026? how will you treat the one year in office occupied since from 2015 to 2016?

      You sound like that learned but misleading leader of Narep whose father I admired and respected so much. So irational. Thats not the way you count terms. Ija ya first was job on training. Jonko. Then he started in 2016. I hope we could give him a Bevula after 2026.
      Jonko is pre-event.
      Bevula is pre-event.
      I you are too old to understand what I mean.

  14. Congrats Mr. President.
    The outcome was known as the constitution is very clear.
    In 2015 ECL won the closest opponent by 28, 000 just campigning for 21 days.
    1n 2016 ECal won the closest opponent by 100, 000 which was 50.8 % while the closest was 47.3%
    Now with the massive development across Zambia, i see a gap of 1,000,000 in 2021.
    You have my vote my president.

  15. Comment:why where carders celebrating before the judgment? Is there also leakages in judiciary? my heart bleeds. where can you find decency in this country. when people ask questions, that are jailed.

  16. This is a good judgment, we ourselves could interpret it before hand by reading the constitution for ourselves.

    The next act for Concourt is to correct their initial judgment that Ministers pay back salaries earned whilst Parliament was Adjourned sine die. A Minister once appointed from Parliaments members serves at the pleasure of the President not because they are members of Parliament. I can only assume that judgment was influenced by Judges that may be sympathetic to a political inclination rather than straight interpretation of Law which even we the Laymen can do for ourselves.

    • @ ndeloleshafye even me as layman in law my understanding is that ministers are appointed on the basis of being a member if parliament even those appointed by the president are first nominated as members Parliament that’s when they are appointed as ministers. In short no Parliament No ministers. Even the president has limits bwana. he is not the alpha and omega.

  17. 5 mo Years of poor, visionless, corruption, clueless, laziness, beer drinking, failure, cadre, police state, weak economy etc

    • @Thorn in the Flesh, point out the insults in the statement above? coz I really don`t see any….. for once just say the truth there are no insults there!! cadre mentality

    • Now you’re going to see a guy running this country as he should. ECL will now sound more in control and with a clear mind.

      He’s going to have a sparkling face and lead the nation with so much grace because not only was he duly elected, he also is eligible for his own 2nd term.

      Watch ECL turn real political as he runs not only for office again but this nation for the remaining 2 years. This guy has the makings of being one of the best Presidents in the continent of Africa

    • Because once one is sworn in even if they are simply finishing another one’s term not one they were elected to, they die as President.

      They had the constitutional authority not the electoral authority but they still ran and led a nation as inaugurated by the Chief Justice as President.

  18. Away from that. Let me just help those of you who are debating on who got more votes between HH & his excellency ECL. I’m no UPND but was a PF supporter under one great King cobra. The truth about 2016 elections is that HH was stronger in that, single handed, he managed to take on two giants PF & MMD neck to neck. remove MMD from the equation, then substantiate your claims. His excellency himself admitted that they needed MMD to their side, otherwise, they would not win and that is the more reason you see him preserving the relationship with MMD

    • It was a politically strategic move to partner with MMD you chap. “remove MMD from the equation, then substantiate your claims”
      How can we remove them from the equation when they helped us win? You UPND reds have no political tact. No skill, no strategy. Just a bunch of losers.
      “I’m no UPND but was a PF supporter under one great King cobra.” You are a joker. Pure UPND just like the other chap Clayson who lives in the UK

    • Thanks politics and and with the 50+1 in place one man can’t pull it off. And why can’t he also work with others to make it??

  19. If as an opposition party you deliberately overlook the most obvious parts of the Constitution how are you going to behave as a ruling party. ….total disregard for the law will be the order of the day.

  20. This a court which has failed to enforce its own judgement in the case of Lungu and his ministers giving themselves allowances and wages they were not supposed to be getting .This is a court that was warned by Lungu not to copy the Kenyan judges by the appointing authority . Can you expect anything different from their judgement >

  21. Here is what your constitution says:
    106. (1) The term of office for a President is five years which
    shall run concurrently with the term of Parliament, except that the
    term of office of President shall expire when the President-elect
    assumes office in accordance with Article 105.
    (2) A President shall hold office from the date the President elect
    is sworn into office and ending on the date the next President elect
    is sworn into office.
    (3) A person who has twice held office as President is not
    eligible for election as President.

    Further your constitution says:
    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…

    • Are you Zambian? Don’t you always see the turn of events?
      While you whine and shrill on social media, Zambians are busy working and making ends meet the best they know how. It turns out PF can’t just stop winning. If they stick in there that way, you ain’t gonna touch them. Watch this space.

  22. Further yours and my constitution says:
    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

  23. . UPND is a Party of Evil people

    When Our Beloved President Michael Sata passed on, most if not all UPND supporters were very happy to hear of Mr Sata’s death. I have friends who told me that some people were even dancing in homes saying God has answered their prayers and it was time for their own to take over the leadership of Zambia. It is a known fact that UPND started campaigning even before President Sata was put to rest. To date l am still shocked that a party that is seeking to run the affairs of our country is full of evil people. One thing l know about Zambians is that they will reject any evil group. Anyone who wishes others sickness, failure or death is an agent of the devil.

    2. HH Supporters

    One of the reasons Mr Hichilema loses elections is because his followers who…

  24. All well meaning Zambians knew that Lungu is eligible to contest in 2021 according to the Zambian constitution, except for a few bad seeds who just want to stir and confuse the masses and see what reaction will be there after final verdict. Things will be normal as usual, peace will prevail Lungu is contesting, full stop.

  25. Every one knew the truTh from the beginning. Upnd and their surrogate parties deliberately want to potray a picture outside that Lungu wants a third term when in fact not. The constitution us clear on the matter. They want to mislead their cadres in believing that Lungu want a third term In the hope that the country will be ungovernable through protest and demostrations. It will not work for them we are not ready to kill each other for selfish regional cause.

  26. I’m waiting for LAZ and Ellias Munshya to dissect into this judgement and analyse the pieces of the constitution which has been used to arrive at this judgement . Sharon or whatever they call you ,in zambia there is an adage , ‘you cannot bite the fingers that feeds you .’ That is the more reason why we need to do away with the President appointing Judges because they are scared of passing judgement against the appointing authority .We saw Lungu telling the concourt not to copy Kenyan Judges . I cant say anything than that .

  27. Booom and that’s how the PF ended!!
    If you are PF start crying because election loss and demise of the party has just been confirmed by the concourt

    • But Zambia will be there PF or no PF so what’s your worry? Zambia was not created for PF but for all Zambians in whatever form. There was Unip, MMD so what’s so special about PF? It’s just another party it came and it’ll go. This ignorance is what makes our politics so dirty.

  28. very interesting rulling indeed,hh is just scared of ecl,he doesnt want to lose to ecl for the third time.Misplaced priorities,instead of concentrating on how to win 2021,he has started another song ati no third term by the time he will come to his senses it will be 2021.CHUUNDU CHAITWA.

  29. If some termination to the services of the chief magistrate be not fixed by the Constitution, or supplied by practice, his office, nominally for years, will in fact, become for life; and history shows how easily that degenerates into an inheritance.[5]

  30. Section 1. No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this Article shall not apply to any person holding the office of President when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this article becomes operative from holding the office of President or acting as President during the remainder of such term.

    Section 2. This Article shall be inoperative unless it shall have been ratified as an amendment to…

  31. African “DEMOCRACY” in name only…
    so sad for such a vibrant people led by
    thieves and mentally and morally bankrupt

  32. God help mother Zambia.. we have suffered so much everything is going down hill. Why are we Zambians so naive.? The Country is being sold to foreigners, all the good land belongs to foreigners, now the good companies are also being sold and pipo still too blind to the facts? Bye bye sovereign Zambia

  33. 1.11 Divide and rule good you have just proved how confused your party members are. Rupiah qualifies to stand if he so chooses. He opted to retire on his own accord so that he could take his pension. He’s not barred and in fact if you didn’t close your brains you could recall that he nearly stood in the 2015 by election but instead decided to back Edgar. Please your deliberate ignorance or thirst to mislead people is choking us.

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